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HomeMy WebLinkAbout09-16-14 Emergency Item #01 - Approval of the Purchase of Petroleum Products Through Orange County Term Contract Via the Central Florida Purchasing Coop for Bulk Transport Load Deliveries1 4 ks \ %/� C ()e( fIorida AGENDA ITEM COVER SHEET Meeting Date: September 16, 2014 Item # Emergency Item Reviewed By: Contact Name: Stephen C. Krug Department Director: /1' Contact Number: 6002 City Manager: r r" Subject: Motor Fuels — Transport Load Deliveries. 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 approved utilizing this purchasing power for petroleum products on May 1, 2012, for bulk transport loads delivered to the Public Works complex and 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 which the new contract is utilized, necessitating this request as an Emergency Item. Public Works is requesting Commission approval to utilize the new contract with Petroleum Traders Corp. for as long as the contract remains valid. Issue: Request the City Commission approve the purchase of petroleum products through the existing Orange County term contract via the Central Florida Purchasing Cooperative for bulk transport load deliveries. Recommendations Recommend the City Commission approve the purchase of petroleum products through the Orange County Term Contract No. Y14- 1022A, Motor Fuels — Transport Load Deliveries with Petroleum Traders Corp. for as long as the contract remains valid and up to the amounts incorporated into the budget. Attachments: Orange County Contract Y12- 1022A, Petroleum Traders Corp. Financial Impact: The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the budget. Type of Item (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( N/A V 7Liti1� 1 A\l) CONTRACTS DIVISION .IUIINNY "\I. RlCHARUSON. CPPO. (`IY'.M. M.1,11 er 4(0 1- 'vm ll 4NJIVct. lnd H 1 ph T�: ('')tit Ulln. Itnx 13113 . {)rlmul,% Hori&i A2801-1393 ")7 S :3r> Ali: ;i. Fw,:4t); s :ifi `.1!1. h,tlri /t��r�.r.rxtl.nrt TERM CONTRACT NO. Y14 -1022A MOTOR FUELS TRANSPORT DELIVERIES LOTS 1, 2, & 3 TO: Petroleum Trade Corporation 7120 Pointe Inverness Way Fort Wayne, IN 46804 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y14- 1022A -JS, MOTOR FUELS TRANSPORT DELIVERIES - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. 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. B. This contract is effective July 6, 2014, and shall remain in effect through July 5, 2015. The estimated contract award for this period is $12,729,572.00. C. This contract may be renewed upon mutual agreement as provided in the Invitation for Bids. Any amendments to this contract must be in writing and signed by both parties. Such amendment(s) must be signed by the representative of the Orange County Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Page 1 of 2 3. 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 delivery. 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. 4. 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. 5_ Invoicing: A, Invoices must be submitted, in duplicate, referencing this contract number and the Delivery Order to: Orange County Fleet Management 4400 S. Vineland Road Orlando, Florida 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. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA 40 Al .. icurement Division DATE: (0- (S a01 Page 2 of 2 Issue Date: March 25, 2014 INVITATION FOR BIDS #Y14- 1022 -JS NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange County, Florida, henceforth referred to as the County is accepting sealed bids for: MOTOR FUELS TRANSPORT DELIVERIES TERM CONTRACT Sealed bid offers in an original and three (3) copies for furnishing the above will be accepted up to 2:00 PM (local time), Tuesday, April 15, 2014, in the Procurement Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL 32801. Copies of the bid documents may be obtained from the Orange County Procurement Division at the above address. Copies may be requested by phoning (407) 836 -5635 or by download from the Internet at: http: / /apps.ocfi.net/orangebids /bidopen.asp Johnny M. Richardson, CPPO, CFCM Manager, Procurement Division 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 Jim Schell, Senior Purchasing Agent at Jim. Schell(abocfl.net TABLE OF CONTENTS DESCRIPTION PAGE GENERAL TERMS AND CONDITIONS 2 -14 SPECIAL TERMS AND CONDITIONS 15 -25 SPECIFICATIONS 26 BID RESPONSE FORM 27 -30 EMERGENCY CONTACTS 31 ACKNOWLEDGEMENT OF ADDENDA 31 AUTHORIZED SIGNATORIES /NEGOTIATORS 32 REFERENCES 33 -34 DRUG -FREE WORKPLACE FORM SCHEDULE OF SUBCONTRACTING FORM 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 EXHIBIT A- LEASED EMPLOYEE AFFIDAVIT EXHIBIT B - COMMERCIAL GENERAL LIABILITY EXHIBIT C - COMMERCIAL GENERAL LIABILITY EXHIBIT D -WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE POLICY EXHIBIT E -WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 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 sealed in an envelope bearing the bid number on the outside and mailed or presented to the Procurement Division on or before the specified time and date. Failure to comply with the preceding requirements shall result in the rejection of the bid. Bids submitted by e-mail, telephone or fax shall not be accepted. An e- mailed or a faxed bid shall be rejected as non - responsive regardless of where it is received. It is the sole responsibility of the Bidder to ensure that their bid reaches the Procurement Division. All bids, unless otherwise specified, must be delivered to the following address no later than the time and date specified in the solicitation: Procurement Division Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, FL 32801 Bidders are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. The County shall not be responsible for delays caused by any occurrence. The time /date stamp clock located in the Procurement Division 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. Late bids will be returned to the Bidder unopened. The decision to refuse to consider a bid or proposal 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). All bids must be typewritten or filled in with pen and ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Errors, corrections, or changes on any document must be initialed by the signatory of the bid. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, (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. Page 2 Revised (11/10/09) 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. PRICE /DELIVERY Price(s) quoted must be the price(s) for new merchandise 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, Procurement Division Manager, 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 will be required to compensate the County for the difference in price paid for the alternate product. The Contractor shall be responsible for making any and all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated. 3. 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 Procurement Division Manager 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. 4. 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. Page 3 (11/10/09) The County reserves the right, and the Procurement Division Manager, has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the 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. 5. 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 product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise 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 product 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. 6. NO BID Where more than one item is listed, any items not bid upon shall be indicated as "NO BID ". 7. 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. Page 4 (11/10/09) 8. LEGAL REQUIREMENTS All applicable Federal and State laws, Municipal 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. 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. B. Minority/Women Business Enterprises (M/WBE) indicates a business entity of which 51% or more is owned and operated by a minority. In this instance, minority group members are citizens of the United States or lawfully admitted permanent residents who are Black, Hispanic, Women, Native American, Asian - Pacific, Asian - Indian. Businesses wishing to participate in the County procurement process as an M/WBE are required to complete a certification application to attain recognition as such. You may contact the Procurement Division or the Business Development Division for information and assistance. 9. 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. 10. 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. 11. AVAILABILITY OF FUNDS The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement. Page 5 (Revised 3/11/11) 12. EEO STATEMENT It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression /identity, 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 by Section 17 -314 of the Orange County Code and the County Administrative Regulations. Further, the Contractor shall abide by the following provisions: A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non - discrimination provision of the contract. The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors. 13. BID TABULATION AND RESULTS 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 until notice of intended action, whichever is sooner. 14. BID FORMS All bids must be submitted on the County's standard Bid Response Form. Bids on Bidder's quotation forms shall not be accepted. 15. FLORIDA PREFERENCE In the event this Invitation for Bids is to acquire personal property and the lowest responsive and responsible bid submitted in response to this Invitation for Bids, is by a bidder whose principal place of business is in a state other than Florida and such state or political subdivision thereof grants a preference for the purchase of personal property to a person whose principal place of business is in said state, then Orange County Florida may award a preference to the lowest responsive and responsible bidder having a principal place of business within the State of Florida. Such preference shall be equal to the preference granted by the state in which the lowest responsive and responsible bidder has its principal place of business. This section shall not apply to transportation projects in which Federal aid funds are used. Page 6 (Revised 3/11/11) Any bidder whose principal place of business is outside the State of Florida must accompany any written bid documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Reference Florida Statutes 287.084. 16. RECIPROCAL PREFERENCE In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a county other than Orange County, and such county grants a bid preference for purchases to a bidder whose principal place of business is in such a county, then Orange County may award a preference to the next lowest responsive and responsible bidder having a principal place of business within Orange County Florida. Such preference shall be equal to the preference granted by the county in which the lowest responsive and responsible bidder has its principal place of business. 17. 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 /Oran-geBids /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/LobbingAtOrangeC ountV.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. The Board of County Commissioners 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 /VendorProtestProced ures.aspx Failure to file a protest with the Procurement Division Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings. Page 7 (Revised 3/11/11) 18. 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. 19. 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. 20. 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 /ven dor information /convicted suspended discriminatory complaints vendor lists /convicted vendor 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 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. 21. DRUG -FREE WORKPLACE FORM The Drug -Free Workplace Form, attached hereto, shall be submitted prior to award of the bid. Failure to submit this form prior to award of the bid shall result in rejection /disqualification of your bid. Failure to certify the firm has a drug -free workplace in accordance with Florida Statute 287.087 shall result in rejection /disqualification of your bid. Page 8 (Revised 3/11/11) 22. SUBCONTRACTING 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 Subcontractors Form ". 23. CONFLICT OF INTEREST FORM Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their bid. 24. 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 purchasing agent or contract administrator identified in the applicable solicitation. B. Relationship Disclosure Form — The purpose of this form is to document any relationships between a bidder, proposer or responder to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. This form shall be completed and submitted with the applicable bid, proposal, or response 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 purchasing agent or contract administrator identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is attached to each for your information. 25. SUBMISSION OF BID The bid must be mailed or hand delivered in a sealed envelope to: ORANGE COUNTY PROCUREMENT DIVISION Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, Florida 32801 Bidders must indicate on the sealed envelope the following: Page 9 (Revised 3/11/11) A. Invitation for Bids Number B. Hour and Date of Opening C. Name of Bidder Bids received after the time, date, and /or at the location specified, due to failure to identify the envelope with the above information shall be rejected. 26. 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. 27. 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, he /she is 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. 28. ASSISTANCE WITH SPECIFICATIONS Any prospective bidder who assisted the County in developing or writing the specifications contained herein are requested to so note such on the bid proposal page of their bid response. 29. 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 shall not be considered in determining the lowest net cost for bid evaluation purposes. 30. 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. Page 10 (Revised 7/29/13) 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. 31 32 33. 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. 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 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. 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, Page 11 (Revised 7/29/13) 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. 34. 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. 35. 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 or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers. 36. 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. 37. 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, 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. Page 12 (Revised 7/29/13) 38. 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 Procurement Division Manager 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. The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Contractor. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Contractor's written request for a final decision. The Procurement Division Manager's 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 Procurement Division Manager. 39. VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person under this contract, the Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida and (b) all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract with Orange County. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http: / /www.uscis._qov /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. Page 13 (Revised 7/29/13) 40. CONFIDENTIAL INFORMATION In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as many be provided by other applicable State or Federal Law, all proposers should be aware that Request for Proposals or Invitation for Bids and the responses thereto are in the public domain. Proposers must identify specifically any information contained in their response which they consider confidential and /or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. Page 14 (Revised 7/29/13) SPECIAL TERMS AND CONDITIONS 1. QUALIFICATION OF BIDDERS This bid shall be awarded to a responsible, responsive bidder, qualified by experience to provide the work specified. The Bidder shall submit the following information with the bid: A. List and brief description of similar work satisfactorily completed with location, dates of contract, names, addresses and telephone numbers of owners by completing the attached reference sheets. B. Listing of sub - contractors on the Schedule of Sub - Contractors form and a listing of what those sub - contractors shall be providing in the way of products and services to Orange County on a separate sheet of letterhead stationery. C. Listing of vendor personnel by name, title, telephone number and e -mail address, who will be responsible for the Orange County account including ordering and invoicing Failure to submit the above requested information may be cause for rejection of your bid. 2. LICENSES AND PERMITS Prior to furnishing the requested product(s) or service(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 this contractual service. These licenses and permits shall be readily available for review by the Procurement Division Manager or authorized designee. 3. BID ACCEPTANCE PERIOD A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening date or until the date of award, whichever is earlier. In the event that an award is not made by the County within ninety (90) days from the bid opening date, the Bidder may withdraw his bid or provide a written extension of his bid. 4. EVALUATION /AWARD Bids shall be evaluated on the basis of: A. Fixed discount/mark -up price per gallon to the OPIS (Oil Price Information Service) average price. B. Check of references. C. Compliance with contract terms, conditions and specifications. Page 15 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. 5. BID PRICES A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra low sulfur diesel fuel, undyed and dyed and E -85, 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 Taft to arrive at the purchase price per gallon for each fuel type and /or grade listed. The formula for figuring E -85 ethanol biofuel shall be 83% of E -100 OPIS plus 17% of E -10, 87 octane OPIS. Note: All grades of gasoline petroleum motor fuels as referenced above are E -10 when sourced from the Taft Terminal. For B -10 and B -20 biodiesel biofuel, 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 Wholesale B99 Combined Feedstock Rack Biodiesel Prices for the Taft or Miami terminal rack average price as published in the OPIS Ethanol & Biodiesel Information Service newsletter for Thursday of each week. At the time of this solicitation, the Taft Terminal does not stock B -10 or B -20 biodiesel motor fuel. Consequently, the rack average for the Miami Terminal shall be used until such time as the Taft Terminal does stock B -10 and B -20 biodiesel. The formula for the computation of the B -10 and /or B -20 shall be 10% or 20% of the Miami gross wholesale B99 combined feedstock plus 90% or 80% of the Taft Terminal USLD un -dyed and dyed. At the time that the Taft Terminal begins to stock biodiesel, the rack average for B -10 and B -20 for the Taft Terminal shall be used to determine the final price for biodiesel motor fuels ordered by the County. 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. Page 16 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, December 12, 2013 shall be utilized to arrive at the purchase price per gallon for fuel(s) delivered Sunday, December 15, 2013 through Saturday, December 21, 2013. 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. Vendor(s) shall be responsible for correctly invoicing each agency /entity utilizing this contract. C. Taxes shall be listed as separate line items on all invoices. Vendor(s) shall be responsible for informing each using agency /entity utilizing the contract of any and all tax changes as they occur. Any difference in taxes that occur as a result of an agency /entity not being informed of a tax change shall be borne by the vendor. 6. AWARD Orange County reserves the right to award on an "All -or- None" basis to the lowest responsive and responsible Bidder or to award on a "Lot -by -Lot" basis to the lowest responsive and responsible Bidder, whichever is in the best interest of the County. 7. F.O.B. POINT The F.O.B. point shall 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. 8. DELIVERY Delivery time is of the essence in the award of this Invitation for Bids. Delivery shall be no later than one (1) calendar daV from receipt of delivery order, Monday through Friday, unless other arrangements have been made with the ordering agency /entity. The vendor shall contact each location prior to delivery to make arrangements for an agency /entity representative to be present at time of delivery. Vendor shall contact all other agencies /entities utilizing this contract to obtain their ordering procedures. Bids submitted which fail to meet this requirement shall be cause for rejection. Failure of the awarded vendor to meet this delivery requirement shall result in default and immediate termination of the delivery order or contract. 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. Page 17 9. 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 products or services that comply with the specifications herein or fails to meet the County's performance standards 2. Deliver the supplies 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 Procurement Division Manager, affording him /her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) 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 18 If the Contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. 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) 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. 10. AS SPECIFIED All items delivered shall meet the specifications herein. Items delivered not as specified shall be returned at no expense by Orange County. The County may return, for full credit, any unused items received which fail to meet the County's performance standards. Replacement items meeting specifications shall be submitted within a reasonable time after rejection of the non - conforming items. 11. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in their bid meets all OSHA requirements. Bidder further certifies that if they are the awarded Contractor, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Contractor. 12. CODES AND REGULATIONS The Contractor shall strictly comply with all Federal, State and local safety codes. 13. PAYMENT Partial payments for the value of items received and accepted may be requested by the submission of a properly executed invoice, with supporting documents if required. Payment shall be made in accordance with Florida Statute 218, Local Government Prompt Payment Act. Payment for accepted equipment /supplies /services shall be accomplished by submission of an invoice, in duplicate, to: Page 19 Orange County Fleet Management 4400 S. Vineland Road Orlando, Florida 32811 Phone (407) 836 -8210 14 15. 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. PROTECTION OF PROPERTY /SECURITY The Contractor shall provide barricades if necessary and take all necessary precautions to protect buildings and personnel. All work shall be completed in every respect and accomplished in a professional manner and the Contractor shall provide for removal of all debris from County property. The Contractor shall at all times, guard against damage or loss to property of Orange County, or of other Contractors or subcontractors, and shall be held responsible for replacing or repairing any such loss or damage. The County may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss of damage to property through negligence of the Contractor or their agent. employees. The Contractor shall, at all times, comply with OSHA and State of Florida safety regulations. 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 below: The Contractor shall at all times guard against injury to Orange County http: / /www.orangecountyfl. net/ VendorServices /OrangeCountySafetyandHe althManual.aspx INSURANCE REQUIREMENTS Contractor shall 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 Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The Contractor shall require and ensure that each of its 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 shall be licensed to conduct business in the State of Florida and shall possess a current A.M. Best's Financial Strength Rating of A- Class VIII or better. Page 20 (Note: State licenses can be checked via www.floir.corn/companysearc A.M. Best Ratings are available at www.ambest.com) Required Coverage: A. Workers' Compensation - The Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $500,000 each incident of bodily injury or disease for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the County. Elective exemptions as defined in Florida Statute 440 shall be considered on a case -by -case basis. Any Contractor using an employee leasing company shall complete the Leased Employee Affidavit (Exhibit A). B. Commercial General Liability - The 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 per occurrence. Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product /Completed Operations, Contractual Liability, or Separation of Insured. The General Aggregate limit shall be least twice the required occurrence limit. C. Business Automobile Liability - The 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 per accident. In the event the Contractor does not own automobiles the 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. D. Pollution Legal Liability - The Contractor agrees to maintain Contractor's Pollution Legal Liability with a limit of not less than one million ($1,000,000) per occurrence on a per - project basis. The County uses Ebix BPO to manage its insurance certificates and related documentation. Upon insurance expiration, Ebix BPO staff will notify the Contractor to request updated insurance certificate(s) and endorsement(s). The Contractor agrees that should a valid Insurance Certification be on file with Ebix, this contract will be added to that certification. When a self- insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of Contractor's most recent annual report or audited financial statement. Page 21 For policies written on a "Claims- Made" basis the 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 Contractor shall purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. By entering into this contract, Contractor shall provide a waiver of subrogation in favor of the County for the workers' compensation and a waiver of transfer of rights of recovery in favor of the County for general liability policies as required herein. When required by the insurer or should a policy condition not permit the Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor shall 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. Contractor agrees to endorse the County as an Additional Insured with a CG 20 26 Additional Insured — Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The additional insured shall be listed in the name of Orange County Board of County Commissioners. Any request for an exception to these insurance requirements shall be submitted in writing to the County for approval. Prior to execution and commencement of any operations /services provided under this contract the Contractor shall provide the County with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Contractor shall also provide a blanket (Exhibit B) or specific (Exhibit C) Additional Insured Endorsement and all Waiver of Subrogation (Exhibit D) or Waiver of Transfer of Rights of Recovery (Exhibit E) endorsements for each policy as required above. For continuing service contracts renewal certificates shall be submitted upon request by either the County or its certificate management representative. The certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Certificates shall specifically reference the respective contract number. The certificate holder shall read Orange County Board of County Commissioners Attn: Procurement Division 400 E. South Street, 2" d Floor Orlando, Florida 32801 Page 22 16. 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 two (2) 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. Renewal of the contract shall be subject to appropriation of funds by the Board of County Commissioners. B. The initiating County department(s) shall issue delivery 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 obligations with respect to that order to the extent as if the order were completed during the contract performance period. 17. BID PREFERENCE In accordance with the Minority Women Owned Business Enterprise (MWBE) Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible Orange County certified MWBE bidder provided that the bid does not exceed the overall lowest responsive and responsible bidder by the following percentages for the bid amounts listed: A. 8% - Bids Up To $100,000 B. 7% - Bids Greater Than $100,000 to $500,000 C. 6% - Bids Greater Than $500,000 to $750,000 D. 5% - Bids Greater Than $750,000 to $2,000,000 E. 4% - Bids Greater Than $2,000,000 to $5,000,000 F. 3% - Bids Greater Than $5,000,000 ATTACHMENTS The following attachments are attached to and made a part of this Invitation for Bids. Page 23 A. Delivery Schedule A (5 pages) 18. 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 products or services required during an emergency situation. Contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 19. REFERENCES A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirement listed. Contact person shall have been informed that they are being used as a reference and that the County may be calling them. 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 references listed to respond to the County's inquiries may negatively impact the responsibility of the Bidder. 20. POINT OF CONTACT Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at telephone number (407) 836 -5410. 21. CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) CFPC is a standing committee under the Central Florida Chapter of NIGP (National Institute of Governmental Purchasing). The objectives of this committee are to achieve cost savings by combining requirements into cooperative contracts, realizing savings by volume buying, lower administrative costs and increased service levels from vendors. It is the intent of Orange County to act as the lead agency with this solicitation and to include requirements and to obtain bids on behalf of the following entities: Orange County Board of County Commissioners, City of Altamonte Springs, City of Sanford, City of Ocoee, City of Winter Park, Orlando Utilities Commission, Seminole County Government, City of Melbourne, City of Cocoa. All known entities' requirements are identified in Delivery Schedule A. Page 24 All agencies' estimated quantities are included in the total estimated quantities of each line item (see Delivery Schedule A) and every attempt has been made to verify that the quantities are accurate. Orange County does not guarantee the accuracy of the estimated annual quantities listed in Delivery Schedule A. The County is acting as "Solicitation Agent" for the identified entities and shall not be held liable for any cost, damages, etc. incurred by any entity should they enter into resultant contract derived from this solicitation. The County has the sole authority to modify the contract. All sales derived from the award of this solicitation shall be made in accordance with the prices, terms and conditions herein. 22. INDEFINITE QUANTITY CONTRACT A. This is an indefinite quantity contract for the goods or services specified. The quantities of goods and services specified are estimates only and are not purchased by this contract. B. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The Contractor shall furnish to the County, when and if ordered, the goods and services up to and including the quantity designated in the schedule as the "Total Estimated Quantity." The County shall order at least the dollar amount designated in the schedule as the "Minimum Quantity" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. 23. QUESTIONS REGARDING THIS SOLICITATION All questions or concerns regarding this Invitation for Bids shall be submitted in writing, by email to Jim.Schell( or mailed to the Procurement Division, Internal Operations Centre II, 400 E. South Street, Orlando, FL 32801, no later than 5:00 PM Wednesday, April 2, 2014 to the attention of Jim Schell, Procurement Division, referencing the IFB number. When required the Procurement Division shall issue an addendum to the Invitation for Bids. The addendum shall be available on the Internet 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 of the Procurement Division 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. Page 25 SPECIFICATIONS Unleaded 87 octane, mid -grade 89 octane, premium 92 octane and E -10 gasoline shall comply with the most current Standards of the American Society for Testing and Materials (ASTM) and comply with state of Florida gasoline inspection laws. E -85 gasoline shall comply with the most current ASTM Standard and have a Minimum Octane Rating of 87. Oil, diesel fuel, grade number 2 -D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.), for use in over the road diesel engine, per ASTM specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F- 2.001. Oil, diesel fuel, red dye, grade number 2 -D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.), for use in off the road diesel engine, per ASTM specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F- 2.001. Biodiesel Fuel, B -10 blend (10 percent B -100 biodiesel and 90 percent ultra low sulfur petroleum diesel), undyed for use in over the road diesel engines or dyed for use in off road diesel engines, shall meet the ASTM specification D6751 for pure biodiesel and shall consist of mono -alkyl esters of long chain fatty acids derived from new and used vegetable oils and animal fats, designated B100, before blending with #2 ultra low sulfur petroleum diesel per ASTM specification D975. The final product shall comply with Florida Department of Agriculture and Consumer Services inspection laws. To be delivered as ordered via transport truck in full loads, minimum delivery 7,000 gallons. Page 26 BID RESPONSE FORM S IFB Y14- 1022 -JS 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 `rom the OPIS price There are no and shall not be, provisions for added charges. Estimated annual gallons of all fuels are stated in Delivery Schedule A. FIXED DISCOUNT ( -) OR MARK -UP (+-) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL ITEM NO. DESCRIPTION LOT 1, UNLEADED GASOLINE, Transport Loads, as specified 1. 87 Octane, 7,000+ gallon quantity $ .0085 per gallon 2. 89 Octane, 7,000+ gallon quantity $ -.0185 per gallon 3. 93 Octane, 7,000+ gallon quantity $ -.018 per gallon Total annual estimated quantity Lot 1 — 1,850,000 gallons LOT 2, UNDYED AND DYED DIESEL FUEL, Transport Loads, as specified Q. ?,000 + gallon quantity $ - - ? pF'r gallon Undyed for motor vehicles 5. 7,000 + gallon quantity $ -.0093 per gallon Dyed diesel for off road use Total annual estimated quantity Lot 2 — 780,000 gallons Petroleum Traders Corporation Company Name Page 27 FIXED DISCOUNT ( -) OR MARK -UP (+) PRICE PER GALLON SUBTRACTED FROM OR ADDED TO THE OPIS AVERAGE PRICE(S) PE =R GAL_l_ON POSTED FOR I I ii ORLANDO TERMINAL LOT 3, ETHANOL, Transport Loads, as specified 6 E -85 unleaded gasoline, 7,000-+ gallon quantity$ - . 0645 - - per gallon Total annual estimated quantity Lot 3 – 36,000 gallons FIXED DISCOUN - ( (; OR MARK -UP (0 PRICE PFR GALL ON SUBTRACTED FROM OR ADI)LI) TO THE OPIS AVERAGE PRICE(S) PFR GALLON POSTED FOR THE= MI AMI TERMIN LOT 4, BIODIESEL UNDYED AND DYED, Transport Loads, as specified 7. B -10 undyed, 7,000+ gallon quantity $ per gallon 8. B -20 undyed, 7,000+ gallon quantity 9. B -10 dyed, 7,000+ gallon quantity 10 B -20 dyed, 7,000+ gallon quantity Total annual estimated quantity Lot 4 – 100,000 gallons Petroleum 'Fraders Corporation Company Narne $ _0329 — per gallon $ .0329 per gallon $ .0 -- per gallon Page 28 FIXED DISCCUN V( ) OR MARK -UP (+ PRICE PFR GAl_l_CN SUBTRACTED FROM 012 ADD[ -D 1 - 0 I - HE OPTS AVF_RAGE PRICE(S) PER GALLON POSTED FOR THE TAFT TERMIN LOT 5, BIODIESEL UNDYED AND DYED, Transport Loads, as specified B -10 undyed, 7,0004 gallon quantity S3_.` pc' -r gallon 12- R -20 undyed. 7,000+ gallon quantity $ .032y Y g a Y -- - - -- ___ per gallon.., 13. E3 -10 dyed, 7,000 + gallon uantit II '�� per Y g q Y -_ __ _ p gallon 14. B -20 dyed, 7,000-+ gallon quantity S 0321) per gallon Total annual estimated quantity Lot 5 - 100,000 gallons Minimum Quantity - During the initial performance period of this contract, the County Guarantees that the Contractor shall receive orders for a minimum cf S50,000.00 for Lot 5;) O0.J0 for Lot 2 and 55 Lot 3. S25,000.00 for i of and r2E OOLL C for Lct 5 Lots 4 and `i are for the same product `rom diffe -ent terminals. I Graders C'urtx>ration Cornpany Name Page 29 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 _d ocume nts 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 C bid. Delivery shall be not later than one (1 ) calendar day After Receipt of Order (ARO) per Special terms and Conditions. Inquiries regarding this Invitation for Bids may be directed to Jim Schell, Senior Purchasing Agent, at Jim.Schell o�ocfl. net B Response Documents - The following documents constitute your bid: A. Bid Response Form, Authorized Signato ,-ies /Negotiators. Drug -Free Workplace, Schedule of Sub- Contracting Conflict /Non- Conflict of Interest Form, F.- Verification Certification, and current Vv9, Relationship Disclosure F - orm and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Qualifications of Bidders information, per Special Terms and Conditions. C. Certificate of Competency and License, per Special Terms and Conditions. D. Completed attached reference documentation. E. Descriptive literature or detailed specifications for any equal products proposed. F. Examples: Bid Deposit, sub Contractor, per Special Terms and Conditions. Page 30 AUTHORIZED SIGNATORIES/NEGOTIATORS The Bidder represents that the following persons are authorized to sign bids, proposals, negotiate and /or sign contracts and related documents to which the bidder will be duly bound. Name Title Gayle Newton Contract Sales Mamwm— Linda Stephens Vice President Vickie f11mes Vice; President w � (Sig lature) I.inda Stephens Telephone Number /Email 800- 348 -3705 x 1002igncwton u)Petrolcumtradei 800 - 348 - 3705 x 6 344il stcphc11s- ii;petroleumU -com 800 -348 -3705 x 1002 /gnewton(apell . com 4 -10 -14 (Date) Vicc Prc,iilcn: Petroleum Traders Corporation (Name of Business) Thu Bidder shall complete and submit the following inforr nation with the bid: Type of Organization _ Sole Proprietorship -___ Partnership Non - Profit Joint Venture x Corporation State of Incorporation: IN Principal Place of Business iFlorida Statute Chapter 607): Fort Waync %Allen /Indiana 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 35- 1462227 Page 32 _ THE FOLLOWING SECTION MUST 8E COMPLETED BY ALL BIDDERS: Company Nanno: Pcpn|cv Ill Traders Corporation NOTE: COMPANY NAME K4USl MATCH LEGAL NA&1EASS|GNFD TO 1 I NUMBER. CURRENTVV9 MUST BE 8UBMITTEDVV|TH 80. T|W# 35-1462227 C-U'N'S0B# 02'164-0487 7|Z0Po� Inverness nvcnncssWxy (Street No. orP.(). Box Number) (Street Name) /\|lcn |uJixox (County) (State) Fort Wayne (City) 46804 (Zip Code) Contact Poison. Gayle Newton, Contract Sales Manager Phono Number: Fax800-348'3705x 1002 Number: 260'201-5018 Email Address: �ocwton�l,poun|cunurudon,.uom EMERGENCY CONJACT Emergency Contact Person: Gayle Newton, Contract Sales Manager 800-148-3705 x 1002 260-7 10-3 103 i Residence Telephone Number: _lVA�____ ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the b|oohu 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 nnay negatively impact the responsiveness of your bid Material impacts include but are no! limited to changes to speoif cadony. scope of work, delivery tinne, performance ponud, quantities, bonds. letters of credit, inaunsnos. orquaffioekinns. Addendum Wo._-____, Oate________ Addendum No. Date Addendum No. ___. Oate_______ __ Addendum No.___.Date Page 31 AUTHORIZED SIGNATORIES/NEGOTIATORS The Bidder represents that the following persons are authorized to sign bids, proposals, negotiate and /or sign contracts and related documents to which the bidder will be duly bound Name Title Telephone Number /Email Gayle Newton Contract Sales Manager 800 -348 -3705 x 1002i,,neNvton (tf= ,petroletxmtraders.com Linda Stephens Vice President 800- 348 -3705 x 6344% Istepheus (u:petro(euultracter;.com Vickie flimes Vice President 800 -348 -3705 x 1002/ gnewton(u;petroleurntraders.com / 4 -10 -14 2 (Signature) Linda Stephens (Date) Vier Pty, iiien; Petroleum Traders Corporation (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 h Corporation State of Incorporation: _ IN Principal Place of Business ;Florida Statute Chapter 607): Fort Waync'Allen/Indiana 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 35- 1462227 Page 32 REFERENCES List three (3) customers during the past ten (10) years for which you provided, goods or services similar to those specified in the solicitation in the spaces provided below. Provide the owner's name, contact person, address, email address, telephone number, and date services were performed, as described 1. Company Name: Orange County Public Schools, FL Owner's Name: Description of goods or services provided: Del ivery of - gas and diesel. Gas currently and diesel back in 2006. Contract Amount: Gas: 51 ,050,000.00 Diesel: Date Services Completed: Ga s: 201 1- Curre Diesel_ 2j28/06- 4x30106 Contact Person: Nahid Shahn Address: 6501 Magic Way Orlando, Ff- 32809 Telephone Number: 407 -317 -3200 x 2876 [ -- mail Address: nahid.shahnamitcuocps.net 2. Company Name: City of H Owner's Name: Description of goods or services provided. Delivery of gas and diesel Contract Amount: Gas: 5432,250.00 & Die 52,898,000.00 Date Services Completed: 201 I - Current Contact Person: Corrin Fitscnunns Address: 2100 NE 30th Avenue Ocala, Ff. 34470 I elephone Number: 352 - 62 -836 Email Address: cmtitscmons(�i- ocalatl.org Page 33 3. Company Name CIMIS Countv Board of Commissioners, FL. Owner's Name: Description of goods or services provided: Delivery of gas and diesel otTof the state contract Contract Amount: State: 535,000,000. Customer: $1,032,500.00 Date Services Completed: I/1/2012 - Current Contact Person: Mary Ellen Address: PO Box 1930 Lecanto, FL 34400 Telephone Nu:-Tiber: 352-527-7626 Email Address, i tl.us Page 34 DRUG -FREE WORKPLACE FORM The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that Petrolcum Trade Corporation 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 erncloyees for violations of such prohibition. 2- Inform employees about the dangers of crug abuse in the workplace, thc? business's policy of maintaining a drug -free workplace, any available true 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 n. :he statemc of specified .n haragrap�� 1 notify the employees that as a condition of working cn the commodities o­ contractual services thr3' xe ilnder b the employee will abide by the terns of the statement and v. notify ti-e employer of any conviction ct, 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. o. Make a good faith effort to continue to maintain a drug -free: workplace through implementation of Paragraphs " thru 5 As the person authorized to sign this statement, I certify that this firm corrplies fully wi'h abcvr? requirements. r Bidder's jS11g0� nda Stephens, Viec t'residcnt 4 -Id -14 Date SCHEDULE OF SUBCONTRACTING IFB NO. Y14- 1022 -JS As specified in the General Terms and Conditions and the Bid Preference Clause in the Special Terms present the details of subcontractor participation. Type of Work to ' Name Of Subcontractor Address be Performed ( 1 Tampa Tank Lines 5024 20th Ave S Tampa, FL 33619 Delivery Of Fuel ! 315 S. Brooksville Ave. JS 1A %eipz Enterprises Frooksville, FL. 34601 Delivery Of Fuel Gult C'OaSI F.nerey Tampa, FL Delivery Of Fuel 3109 S. Main St Glover Oil i Melbourne, FL 32901 Delivery Of Fuel I i B -Line Carriers 1 169 Culbreath Rd. Brooksville, FL 34602 Delivery Of Fuel i i i I i Company Name: Petroleum Traders Corporation —_ — -- 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. CONFLICT /NON- CONFLICT OF INTEREST STATEMENT r -ucr -V lIAIC fx I To the best of our knowledge. the undersigned bidder has no potent al 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 p?cie:;t 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 s!!cr entities during the past ten (10) years. j 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. Petrule "hradcrs C orporation f . COMP YNAMR Ui IfOf�17ED SIGNAL )RE. Linde Stcphcns NAME (PRINT OR TYPE) Vice President I ITI -E 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. EVER|F|C/\T|ON CERTIFICATION Contract No.Y14-1022-J3 | hereby certify that | will utilize the U.S Department ofHomeland Security's E'Vonfy system in accordance with the terms governing the use of the system to confirm the ernp|oyrnent eligibility of the individuals duus/hed below. In accordance with s. 837.08. Florida Statutes, | understand and acknowledge that whoever knowingly makes a false s m writing with the intent to mislead u public servant in the performance of his or her official duties shall be guilty ofo Misdemeanor in the second degree, punishable ' as provided in s. 775.082 ors. 775.083. Florida statutes. � All persuns, including subcontractors and their workforce, who will perform work under Contract Nw.Y14'1022JB. MOTOR FUELS TRANSPORT OEL|VER|E8, within the " state ofFlorida. ,NJ/\M[OFCOWTR/\CTOW |'c'm|com Traders Corpomhun /\ODQESSOFCONTRACTOR: 7\20poin|c Inverness VVay � , Fort VVuync.[N46804 ; - , AUTH(JR|ZEDS|GNATURE: TlTL[ Linda Stephens, Vice President � 4-|0-\4 DATE RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY |S THE PRINCIPAL OR PRIMARY PROPOSER For pnonuncnnent hcrns tha'wiU come beh»no the Board ofCounty Cnmnnissionens for final aoPruvo|, ihis foxn shall be completed by the Proposer and shall be submitted 10 thc Procuxemen� Dm/sion by\hc P/oposo, In the event any information provided on thisfonn should change, the Propnsermust file an amended form 000r before the date the ihsnn is considered by the appropriate board orbody. Part INFORMATION ONPROPOSER: Lega|Nanneo/Applicant Petroleum TmJcnCoqpomuon Business Address (Sheet/PO. Box, City and Zip Code) 7120 Pointe invcrncsu\Y Fort VVuync,(N46O04 8usincas Phone. ( 800 �348-3705x1002 Facsimile (260 INFORMATION ON PROPOSER'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Namcof Applicant's Authorized Agent: Business Address (Street/P.O. Box. City and Zip Code) BusineooPhono� ( ` Facsimile Page Part II IS THE PROPOSER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES h NO I5 THE MAYOR OR ANY MEMBER OF - THE BCC THE PROPOSER'S EMPLOYEE? YES NO IS T HE PROPOSER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN -HE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR EME3ER OF THE BCC? ANY M YES X NO If you responded "YES" to any of the above questions, please state with wham and explain the relationship. (Use additional sheets of paper if necessary) Page 2 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 Page 1 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 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 Page 2 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. 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 3 ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT I - his lobbying expenditure form shall be completed in full and filed with all application submittals. phis 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. Part I This is the initial Form: N This is a Subsequent Form: Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): Petroleum Traders Corporation. 7120 Pointe Inverness Way, Fort Wayne, IN 46804 Narne and Address of Principals Authorized Agent, if applicable: Linda Stun Vicc Pre sident, 7120 Pointe Inverness Way, Fort Wayn IN 46804 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.) - Tampa Tank Lincs,5024 20111 A\ c S 1. Name and address of individual or business entity: Tampa. F 3 3619 Are they registered Lobbyist? Yes — or No X JS Weipz Enterprises, 315 S. Brooksville Ave. 2 Name and address of indivicual or business entity:, Brooksville, FLL, 34 601 Are they registered Lobbyist? Yes ^ or No X - -� Tamp FI. ^! Gu lf�Coast Fncroy, Tam N and address of individual or business entity l Are they registered Lobbyist'; Yes or No X -- — Glover Oil, 3109 S- Main St 4. Name and address of individual or bus ness entry Me FL 3 1901 Are they registered Lobbyist" Yes cr No N - -- B -Line Carriers. I 1 b`) Galbreath IZd. 5. Narne and address of incividual or business entity: Brooksville, FL- 34602 Are they registered Lobbyist? Yes or No X - - " —�— 6 Name and address of individual or business entity: Are they registered Lobbyist? Yes or No Name and address of individual or business entity. A they registered Lobbyist? Yes or No 8. Name and address of individual or business entity A-e they registered Lobbyist? Yes or No -- Page 1 Part II Expenditures: For this report, an "expenditure" means money o! 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 riot limited to, petitions. Tiers, 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 ur expenditure made by an organi /ation that is exempt front taxation under 26 U.S.C. s. 521 or s_ 501(c)(4), in accordance with x.112.:3215, I lorida Statutes, and /or •Professional fees paid to registered lobbyists associated with the protect or item. i he 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 Name of Party i Description of Activity Amount Paid Expenditure Incurring Expenditure Page 2 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 cornply 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 ;hat failure to comply with these; requ!rernents to file the specific expenditure report and all associated amendments rnay 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 meld 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, Flor' a Statutes. I iitF? SI ; `r;8 ' � ���'h.GIc l 0 Prrin ;Ipal's Ai j::heck appic;F�riute �vx Printed Narne and Title of Person completing this form: Linda Stephens, Vice President STATE OF Indiana COUNTY Ol :Alen I certify that the foregoing instrument was acknowledged before me this I � da of Ap 20 14 b Linda Stephens, Vi Presid - I ie /she is �rsonally know me or has produced N A as identification and did / r no take an oath. Witness my hand and official seal in the county and .st7te stated above on 1 otl the day of APrrl in the year 2 l l ! Signature of , ota ' -ublic Michelle Beard (Notary Seal) Notary Public for the State of Indiana My Commission Expires. 06!10%201 - R Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. Page 3 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 1 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 2 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. Page 3 AGENT AUTHORIZATION FORM IMWe, (Print Bidder name) Petroleu Traders Cor Do hereby authorize (print agent's name), Linda Stephens 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, (1FB /RFP NUMBER AND TITLE Vice Presid appear _ __ - - - -.._ and to a �ar 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. 1 4 -10 -14 Signature of Bidder Date STATE OF Indiana COUNTY OF Allen I certify that the foregoing instrument was acknowledged before me this 10th day of Ap ril , 2014 b Lin Steph Fie /she is o me or has produced N/A as identification and didkj�take an oath. Witness my hand and official seal in tF e county and state stated above on the 10 th . day of April the year 2014 Signature ofAot Public;Michcllc Beard Notary Public for the State (Notary Seal) o f Indiana My Commission Expires: 061/1 EXHIBIT A LEASED EMPLOYEE AFFIDAVIT affirm that an employee leasing company provides my workers' compensaticn coverage. I further understand that my contract with the employee leasing corY parry Emits 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 e nployce 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 err ployee 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 employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage pnor 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: Narne 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: Petroleum Traders Corporation Signature of Owner /Officer. Iitle Linda Stephen, ViCe President Date: 4 -10 -14 EXHIBIT B COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The following are additional insured under the Professional Liability section of this policy (already included under the GL by form #86571). YOUR MEDICAL DIRECTORS AND ADMINISTRATORS, INCLUDING PROFESSIONAL PERSONS, BUT ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE NAMED INSURED AS MEDICAL DIRECTORS AND ADMINISTRATORS; AN INDEPENDENT CONTRACTOR IS AN INSURED ONLY FOR THE CONDUCT OF YOUR BUSINESS AND SOLELY WHILE PERFORMING SERVICES FOR A CLIENT OF THE NAMED INSURED, BUT SOLELY WITHIN THE SCOPE OF SERVICES CONTEMPLATED BY THE NAMED INSURED; STUDENTS IN TRAINING WHILE PREFORMING DUTIES AS INSTRUCTED BY THE NAMED INSURED; ANY ENTITY YOU ARE REQUIRED IN A WRITTEN CONTRACT (HEREINAFTER CALLED ADDITIONAL INSURED) TO NAME AS AN INSURED IS AN INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR PREMISES OR OPERATIONS: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of you ongoing operations; or B. In connection with your premises owned by or rented to you. EXHIBIT C POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2 ND FLOOR ORLANDO, FL 32801 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of you ongoing operations; or B. In connection with your premises owned by or rented to you. EXHIBIT D WORKERS COMPENSTION AND EMPLOYEES LIABILITY INSURANCE POLICY WC 00 03 13 2 ND Reprint Effective April 1, 1984 Advisory WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Name of Person or Organization: Schedule ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2 ND FLOOR ORLANDO, FL 32801 © 1983 National Council on Compensation Insurance, Inc. ©NCCI Holdings, Inc. EXHIBIT E POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PROCUREMENT DIVISION 400 E. SOUTH STREET, 2 ND FLOOR ORLANDO, FL 32801 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right to recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "Products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. ATTACHMENT A Delivery Schedule A A = Above ATTACHMENT A PAGE 1 OF 5 Y14- 1022 -JS Ground TANK CAPACITY B = Below LOCATION IN GALLONS FUEL Ground ORANGE COUNTY GOVERNMENT Estimated Annual Usage in Gallons 1,857,864, 87 Octane, E -10 10,000, 89 Octane, E -10 40,000, E -85 10,000, ULS Diesel 1,000,000, Dyed ULS Diesel 4400 Vineland Rd., Orlando, FL 15,000 87 Octane B 15,000 87 Octane B 15,000 87 Octane B 15,000 Diesel B 15,000 Diesel B 1111 N. Rock Springs Rd., Apopka, FL 15,000 87 Octane B 475 Story Rd., Ocoee, FL 15,000 87 Octane B 12050 E. Colonial Dr., Union Park, FL 15,000 87 Octane B 1621 Alafaya, Tr., Orlando, FL 10,000 87 Octane B 10,000 Diesel B 3258 Clarcona Rd., Apopka, FL 15,000 87 Octane B 15,000 Diesel B 644 Beulah Rd., Winter Garden, FL 15,000 87 Octane B 15,000 Diesel B 4737 Goldenrod Rd., Orlando, FL 15,000 87 Octane B 15,000 Diesel B 2530 Forsyth Rd., Orlando, FL 15,000 87 Octane B 15,000 Diesel B 18735 Old Cheney Hwy., Bithlo, FL 15,000 87 Octane B 15,000 Diesel B ATTACHMENT A PAGE 1 OF 5 Y14- 1022 -JS A = Above ATTACHMENT A PAGE 2OF5 Y14- 1022 -JS Ground TANK CAPACITY B = Below LOCATION IN GALLONS FUEL Ground 1621 S. Alafaya Tr., Orlando, FL 10,000 87 Octane B 10,000 Diesel B 10,000 Diesel B Dyed 5901 Young Pine Rd., Orlando, FL 10,000 Diesel A 12100 Young Pine Rd., Orlando, FL 10,000 87 Octane A 12,000 Diesel A Dyed 12,000 Diesel A 8750 White Rd., Orlando, FL 12,000 Diesel B Dyed 9100 Curry Ford Rd., Orlando, FL 10,000 Diesel A Dyed 9100 Curry Ford Rd., Orlando, FL 10,000 Diesel A Dyed 1621 S. Alafya Trail, Orlando, FL 12,000 Diesel A Dyed 12,000 Diesel A Dyed 12,000 Diesel A Dyed 4760 Sand Lake Rd., Orlando, FL 12,000 Diesel A Dyed 12,000 Diesel A Dyed 12,000 Diesel A Dyed 10,000 Diesel A Dyed 16,000 Diesel B Dyed 701 W. McCormick Rd., Apopka, FL 12,000 Diesel B ATTACHMENT A PAGE 2OF5 Y14- 1022 -JS LOCATION CITY OF ALTAMONTE SPRINGS Estimated Annual Usage in Gallons 200,000, 87 Octane, E -10 120,000, ULS Diesel 20,000, Dyed ULS Diesel 975 Calabria Dr 497 West Dr., Altamonte Springs, FL 952 Keller Rd., Altamonte Springs, FL CITY OF SANFORD Estimated Annual Usage in Gallons 210,947, 89 Octane, E -10 65,358, ULS Diesel 800 W. Fulton St., Sanford, FL CITY OF OCOEE Estimated Annual Usage in Gallons 119,000, 87 Octane, E -10 58,400, ULS Diesel 301 Maguire Rd., Ocoee, FL CITY OF WINTER PARK Estimated Annual Usage in Gallons 170,890, 89 Octane, E -10 90,842, ULS Diesel 12,000, Dyed ULS Diesel 1409 Howell Branch Rd., Winter Park, FL 500 N. Virginia Dr., Winter Park, FL ATTACHMENT A PAGE 3OF5 Y14- 1022 -JS A = Above Ground TANK CAPACITY B = Below IN GALLONS FUEL Ground 10,000 87 Octane B 10,000 87 Octane B Dyed 8,000 Diesel A 10,000 89 Octane B 10,000 Diesel B 10,000 87 Octane A 10,000 Diesel A 10,000 89 Octane B 10,000 Diesel B 10,000 89 Octane B LOCATION ORLANDO UTILITIES COMMISSION Estimated Annual Usage in Gallons 280,000, 87 Octane, E -10 245,000, ULS Diesel 6025 Pershing Ave., Orlando, FL 3824 Gardinia Ave., Orlando, FL 5100 Alafaya Trail, Orlando, FL SEMINOLE COUNTY GOVERNMENT Estimated Annual Usage in Gallons 300,000, 87 Octane 600,000 ULS Diesel 8,000 Dyed ULS Diesel 141 Bush Loop, Sanford, FL 1910 E. Osceola Rd., Geneva, FL 150 Bush Blvd., Sanford, FL CITY OF MELBOURNE Estimated Annual Usage in Gallons 65,000, 87 Octane, E -10 60,000, ULS Diesel 2901 Harper Rd., Melbourne, FL ATTACHMENT A PAGE 4OF5 Y14- 1022 -JS A = Above Ground TANK CAPACITY B = Below IN GALLONS FUEL Ground 10,000 87 Octane A 10,000 87 Octane A 10,000 Diesel A 10,000 87 Octane A 20,000 87 Octane B 20,000 87 Octane B 20,000 Diesel B 30,000 Diesel B 12,000 87 Octane A 12,000 Diesel A 10,000 Diesel A 12,000 87 Octane B 12,000 Diesel B LOCATION CITY OF COCOA Estimated Annual Usage in Gallons 235,807 - 87 Octane 32,900 - ULS #2 Diesel 40,750 - B20 Diesel 190,100 - Dyed Diesel 301 Shearer, Cocoa Fl (Fleet Maintenance) 28400 E. Hwy 520, Christmas FL (Dyal Plant) Wewahootee Rd, Pumping Station, Cocoa FL ATTACHMENT A PAGE 5OF5 Y14- 1022 -JS TANK CAPACITY IN GALLONS FUEL A = Above Ground B = Below Ground 10,000 B20 Diesel A 10,000 87 Octane B 12,000 87 Octane B Dyed 10,000 Diesel A Dyed 10,000 Diesel A Dyed 10,000 Diesel A Dyed 10,000 Diesel A