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Agenda 06/13/2017 Item #16G106/13/2017 EXECUTIVE SUMMARY Recommendation to award Request for Proposals No. 16-7031 “Aviation Fuel Purchase and Delivery” and approve the contract with Eastern Aviation Fuels, Inc., for the purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airpark. OBJECTIVE: To provide for the purchase and delivery of aviation fuel for resale at the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. CONSIDERATIONS: The Collier County Airport Authority’s (Authority) current contract for the purchase and delivery of aviation fuel (Contract No. 11-5642) was scheduled to expire on May 20, 2017 but was extended until November 20, 2017 or until a new contract is awarded and executed by the Board, whichever is sooner. The purpose of this Agreement is to allow the Authority to purchase aviation fuel for resale. Aviation fuel sales accounted for approximately seventy percent (70%) of the Authority’s gross revenue in fiscal year 2016, generating approximately $2,195,000. In accordance with the Collier County Procurement Policy, the Authority issued Request for Proposals (RFP) No. 16-7031 “Aviation Fuel Purchase and Delivery.” The RFP was advertised on December 1, 2016; 101 notices were sent out, 22 firms downloaded the solicitation, and four (4) submissions were received. By consensus, the selection committee selected Eastern Aviation Fuels, Inc., to be the Authority’s aviation fuel vendor, with the final ranking as follows: 1. Eastern Aviation, LLC 2. Avfuel Corporation 3. EPIC Aviation, LLC 4. Ascent Aviation Group, Inc. Procurement staff prepared the contract in accordance with the terms and conditions of RFP No. 16 -7031. The contract shall be for an initial three (3) year period. The County may, at its discretion and with the consent of the Vendor, renew the Agreement for two (2) additional one (1) year periods. FISCAL IMPACT: Funds are available and budgeted in the Collier County Airport Authority Operating Fund (495). In addition to fuel purchases, there are also credit card processing fees to be incurred, as the fuel vendor has traditionally included these merchant services within the agreement. The Authority typically remits an excess of $60,000 for these merchant fees, but is variable given a customer’s option to utilize other forms of payment such as cash or checks for all Authority goods, services and fees. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RFP No. 16-7031 for “Aviation Fuel Purchase and Delivery” and approve and authorize the Chair to sign the attached contract with Eastern Aviation Fuels, Inc. Prepared by: Justin Lobb, Airports Manager, Airport Authority 16.G.1 Packet Pg. 1034 06/13/2017 ATTACHMENT(S) 1. [Linked] 16-7031 Aviation Fuel Purchase and Delivery 6-2-17 CAO approved (PDF) 2. 16-7031 Aviation Fuel Purchase and Delivery Final Ranking (PDF) 3. 16-7031 Aviation Fuel Purchase and Delivery_NORA (PDF) 4. 16-7031 Aviation Fuel Purchase and Delivery_RFP (PDF) 5. [Linked] 16-7031 Eastern Aviation Proposal (PDF) 16.G.1 Packet Pg. 1035 06/13/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doc ID: 3006 Item Summary: Recommendation to award Request for Proposals No. 16-7031 “Aviation Fuel Purchase and Delivery” and approve the contract with Eastern Aviation Fuels, Inc. for the purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airpark. Meeting Date: 06/13/2017 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 04/04/2017 5:19 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 04/04/2017 5:19 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 04/04/2017 5:28 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 04/05/2017 8:20 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 04/06/2017 8:18 AM Procurement Services Ted Coyman Additional Reviewer Completed 04/11/2017 4:05 PM Growth Management Department Gene Shue Additional Reviewer Completed 04/17/2017 1:27 PM Airport Authority Justin Lobb Additional Reviewer Completed 04/25/2017 1:14 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 05/31/2017 1:38 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/02/2017 10:37 AM Growth Management Department Debra Brueggeman Level 2 Division Administrator Skipped 04/03/2017 1:43 PM Growth Management Department James French Additional Reviewer Completed 06/02/2017 2:57 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/02/2017 4:56 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/05/2017 8:11 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/05/2017 9:51 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/05/2017 11:33 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/05/2017 6:04 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/05/2017 5:44 PM 16.G.1 Packet Pg. 1036 06/13/2017 Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM 16.G.1 Packet Pg. 1037 Selection Committee Final Ranking Sheet RFP #: 16-7031 Title: Aviation Fuel Purchase and Delivery Name of Firm Justin Lobb Juan Camps Rebecca Collins James Fasulo Andrew Bennett Average Selection Committee Final Rank EPIC Aviation, LLC 3 4 3 0 2 2.4 3.0000 Eastern Aviation Fuels, Inc 1 2 1 0 1 1 1.0000 Ascent Aviation Group, Inc 4 3 4 0 4 3 4.0000 Avfuel Corporation 2 1 2 0 3 1.6 2.0000 TOTAL Procurement Professional Kristofer Lopez Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Page 1 of 1 16.G.1.b Packet Pg. 1038 Attachment: 16-7031 Aviation Fuel Purchase and Delivery Final Ranking (3006 : Aviation Fuel Contract) 16.G.1.c Packet Pg. 1039 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_NORA (3006 : Aviation Fuel Contract) REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 16-7031 Aviation Fuel Purchase and Delivery Kristofer Lopez, Procurement Strategist 239-252-8944 (Telephone) 239-252-2810 (Fax) kristoferlopez@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.G.1.d Packet Pg. 1040 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 2 Table of Contents LEGAL NOTICE .................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS, AND RESPONSE FORMAT .......................................................................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................................................................... 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................17 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................27 ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................28 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................29 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................................................31 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ...........................................................................................32 ATTACHMENT 7: VENDOR SUBSTITUTE W – 9 .................................................................................................................33 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................................................34 ATTACHMENT 9: REFERENCE QUESTIONNAIRE (DO NOT USE COLLIER COUNTY EMPLOYEES) .........................................36 16.G.1.d Packet Pg. 1041 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 3 Legal Notice Sealed Proposals to provide Aviation Fuel Service will be received until 3:00 PM Naples local time, on January 6, 2017 at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 16-7031 Aviation Fuel Purchase and Delivery Services to be provided may include, but not be limited to the following: Aviation Fuel Purchase and Delivery All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Edward F. Coyman, Jr. Director, Procurement Services This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G" Collier County Government Center on December 1, 2016. 16.G.1.d Packet Pg. 1042 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 4 Exhibit I: Scope of Work, Specifications, and Response Format As requested by the Collier County Airport Authority (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Background The Airport Authority is owner and operator of three (3) General Aviation Airports in Collier County which includes the Marco Island Executive Airport, Immokalee Regional Airport, and the Everglades Airpark. Aircraft activity is conducted by private, corporate, charter, training and occasional air ambulance aircraft. Fuel at the Marco Island Executive Airport (MKY) is deposited into planes by the Airport Authority; approximately 398,000 gallons were delivered into planes during Fiscal Year 2015. The airport operates a Fuel Farm located on the South end of the terminal apron. In operation of the Fuel Farm, the Airport Authority purchases and stores necessary quantities for both Jet-A and Avgas (100LL). The Airport Authority sells and deposits into the planes both Jet-A and Avgas (100LL) with Airport Authority-owned fuel tenders operated by Airport Authority employees. The Airport Authority also has future plans to install a computerized, self-fueling dispensing system within the next 3-5 months. This fuel is stored in three (3) tanks (one 12,000 gallon Avgas & two 12,000 gallon Jet-A tanks) totaling 36,000 gallons in the existing Fuel Farm. Fuel at the Immokalee Regional Airport (IMM) is deposited into planes by the Airport Authority; approximately 176,000 gallons were delivered into planes during Fiscal Year 2015. The Airport Authority sells and puts into the planes both Jet-A and Avgas (100LL) by Airport Authority- owned/operated computerized self-fueling dispensing system. The Airport Authority also sells and deposits into the planes both Jet-A and Avgas (100LL) with fuel Airport Authority-owned fuel tenders operated by Airport Authority employees. The fuel is stored in two (2) fuel tanks (one 10,000 gallon Jet-A and one 10,000 gallon Avgas tank). Fuel at the Everglades Airpark (X01) is deposited into planes by the Airport Authority or via a self- fueling dispensing system; approximately 10,500 gallons were delivered into planes during Fiscal Year 2015. The Authority sells and deposits into-plane Avgas (100LL) by Airport Authority- owned/operated computerized self-fueling dispensing system. The fuel is stored in one (1) 10,000 gallon tank. Detailed Scope of Work Proposers are required to agree, within their proposals, to deliver aviation fuels to the Fuel Farm(s) at the County Airports. Proposer must provide and/or address the following requirements: 1. List the Brand name of fuel proposed to be sold to the Airport Authority under proposed contract. 16.G.1.d Packet Pg. 1043 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 5 2. Location of Proposer’s fuel depot and method of delivery to airport (i.e. company-owned trucks or subcontractor). 3. Any limits on the amount of Jet-A Fuel Proposer will contract to deliver during a twelve (12) month period. 4. Any limits on the amount of Avgas (100LL) Proposer will contract to deliver during a twelve (12) month period. 5. Contract price of Jet-A. Provide one (1) year previous financial fuel price history (pricing index, delivered price, please show breakdown of base price of fuel, all applicable taxes, fees, etc.). 6. Contract price of Avgas (100LL). Provide one (1) year previous financial fuel price history (pricing index, delivered price, please show breakdown of base price of fuel, all applicable taxes, fees, etc.). 7. Cost of Jet A fuel additive per gallon (please show breakdown of base price of Jet A fuel additive, all applicable taxes, fees, etc.) 8. Twenty-four (24) hour period between order placement and delivery to Airport(s) is desired, however Proposer shall guarantee maximum forty-eight hour period between order placement and delivery to Airport(s). 9. Form and timing of payment required by the Authority for fuel delivered under proposed contract. 10. Proposer to provide a list of credit cards and contract fuel programs accepted and all associated costs. The cost of credit card processing will be another consideration in determining the successful Proposer. 11. Authority wishes to implement a “full-service” web-based Fixed Based Operator (FBO) software solution for processing credit sales which is fully PCI and EMV Chip compliant. Desired software shall include: fuel sentry/automation compatible with TCS 3000 meters, POS processing, flight scheduling/tracking, and concierge reservation modules. Proposer shall outline any and all associated subscription and equipment costs. 12. Proposer shall advise the Authority the amount of time for funds to be deposited in our acco unts and the methods of payment (i.e., electronic transfer) along with any costs involved. 13. Proposer to make fuel tenders available to the Authority for use at the Marco Airport or Immokalee Airport in the event County-owned fuel tender is out of service for extended period of time (two weeks or greater), at no cost to the Airport Authority. Minimum forty-eight (48) hour delivery period for replacement tender which shall be in good working order and similar in capacity to those in operation at the County Airports. 14. Proposer shall paint and/or decal (please show examples of proposed decal) County-owned fuel tenders and fuel farms cost to purchase, and provide free loaner fuel tenders during this period. 15. Proposer shall provide, at no additional costs, annual inspections of all fuel trucks, regardless of ownership, and annual inspections of the fuel farms at all three (3) airports. The inspectors will be qualified and provide written documentation detailing the results of the inspections. 16. Proposer shall include the County Airports in all directory advertising at no cost to the County (provide examples). 17. Proposer shall make funds available for co-operative advertising on a local basis. Please clearly identify your program and associated costs. 18. Proposer shall identify ancillary contract benefits that may include, but not be limited to, customer rewards/incentives, supplemental insurance, contract fuel, and training. 19. Proposer shall participate in major aviation trade shows such as NBAA and NATA and provide the Airport Authority an opportunity to participate without cost. Proposer shall provide a uniform reimbursement for the Authority uniforms. Proposer shall provide, at no additional cost to purchaser, employee fuel quality assurance training and testing materials, wind socks, wing mats, line service safety and customer service training either through proposer or approved third party books, materials, and seminars or combination thereof. 16.G.1.d Packet Pg. 1044 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 6 20. By submitting a proposal, the supplier will ensure that the aviation fuel delivered meets or exceeds the following minimum specifications:  Jet Fuel: Aviation Kerosene type Jet-A fuel received shall conform to ASTM D-1655 specifications, latest revision. Proposer shall also supply FSII (Anti-Ice, Prist) in 55-gallon barrels for direct injection at the point of sale.  Avgas: Fuel received shall conform to ASTM D-910 specifications, latest revision, and shall be of the Aviation Gasoline type, 100 Octane, Low Lead (Avgas 100LL) or future replacement.  Supplier will provide a certificate of analysis on all aviation fuel shipments. Supplier will also provide traceability on all shipments back to refinery. Term of Contract The contract term, if an award(s) is/are made is intended to be for three (3) years and two (2) one year renewal option. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice December 1 , 2016 Last Date for Receipt of Written Questions December 22, 2016, 5:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- Proposal Conference December 28, 2016 Solicitation Deadline Date and Time January 6, 2017 Anticipated Evaluation of Submittals January 2017 Anticipated Completion of Contract Negotiations January 2017 Anticipated Board of County Commissioner’s Contract Approval Date February 2017 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. 16.G.1.d Packet Pg. 1045 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 7 Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor’s approach and ability to meet the County’s needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP 2. Tab II, Business Plan (25 points) In this tab, include  Location of Fuel Depot  Length of time between placement of order and delivery  Marketing Commitment (Signs, Decals, ect.) 3. Tab III, Cost of Services to the County (35 points) In this tab, include:  Payment Terms Offered  Cost of fuel or discount  The total cost of fuel and financial impact to the Authority will be evaluated as part of this category.  Cost of Credit Card Processing  FBO software solution subscription/equipment costs 4. Tab IV, Experience and Capacity of Firm (25 points) In this tab, include  Reputation of quality fuel requirements  Sales numbers nationally and within your company  Illustration of product representation and support services  Fuel pricing history 5. Tab V, References (5 points) 16.G.1.d Packet Pg. 1046 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 8 In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal directly to the Procurement Strategist at the fax number listed on the first page or via email. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. The Selection Committee will review the vendor’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VII, Local Vendor Preference (10 points) Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. See Exhibit IV: Additional Terms and Conditions, Item #24 for more information on Local Vendor Preference. 7. Tab VIl, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8. Tab VIIl, Required Form Submittals  Attachment 2: Vendor Check List  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Vendor Declaration Statement  Attachment 5: Affidavit for Claiming Status as a Local Business  Attachment 6: Immigration Affidavit Certification  Attachment 7: Vendor Substitute W-9  Attachment 8: Insurance and Bonding Requirements  Attachment 9: Reference Questionnaire (Do not use Collier County Employees) 16.G.1.d Packet Pg. 1047 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 9 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before January 6, 2017 to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Kristofer Lopez, Procurement Strategist 16.G.1.d Packet Pg. 1048 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 10 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions:  The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.  The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled “Master,” and one (1) disks (CD’s/DVD’s) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Procurement Ordinance. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County’s procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Procurement Services Division Building and on the County’s Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the 16.G.1.d Packet Pg. 1049 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 11 first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) minutes) to provide comments. 8. At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. 9. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 11. The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 16.G.1.d Packet Pg. 1050 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 12 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Business Plan 25 Tab III, Cost of Services to the County 35 Tab IV, Experience and Capacity of Firm 25 Tab V, References 5 Tab VI, Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of wo rk shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 16.G.1.d Packet Pg. 1051 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 13 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.G.1.d Packet Pg. 1052 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 14 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.G.1.d Packet Pg. 1053 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 15 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.G.1.d Packet Pg. 1054 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 16 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 16.G.1.d Packet Pg. 1055 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 17 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor 16.G.1.d Packet Pg. 1056 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 18 hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 4. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e . installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 16.G.1.d Packet Pg. 1057 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 19 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion 16.G.1.d Packet Pg. 1058 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 20 of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendor s and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 16.G.1.d Packet Pg. 1059 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 21 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252 - 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance Florida Public Records Law Chapter 119, including specif ically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 16.G.1.d Packet Pg. 1060 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 22 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all p ublic records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of t his requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original solicitation 16-7031 Aviation Fuel Purchase and Delivery 16.G.1.d Packet Pg. 1061 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 23 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Procurement Services Division on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 16.G.1.d Packet Pg. 1062 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 24 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder’s / vendor’s proposal may be deemed non-responsive. 16.G.1.d Packet Pg. 1063 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 25 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirm atively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who f ails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where f ederal or state law, or any other funding source, mandates to the contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following m anner. For all purchases of comm odities and services procured through a competitive proposal process and not otherwise exem pt from this local preference section, the solicitation shall include a weighted criterion for local pref erence that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. 16.G.1.d Packet Pg. 1064 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 26 The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 16.G.1.d Packet Pg. 1065 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 27 Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 16-7031 Aviation Fuel Purchase and Delivery for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: ___________________________________________________________________________ _____________________________________________________________________________ _______________________________________________________________________ Other reason(s):_____________________________________________________________ _____________________________________________________________________________ _________________________________________________________________________ ___________________________________________________________________________ Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _______________________________________ Date ____________ 16.G.1.d Packet Pg. 1066 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 28 Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. The mailing envelope has been addressed to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Kristofer Lopez, Procurement Strategist The mailing envelope must be sealed and marked with Solicitation 16-7031 Aviation Fuel Purchase and Delivery and January 6, 2017. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date ______________ 16.G.1.d Packet Pg. 1067 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 29 Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 16-7031 Aviation Fuel Purchase and Delivery Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced Solicitation 16-7031 Aviation Fuel Purchase and Delivery. (Proposal Continued on Next Page) 16.G.1.d Packet Pg. 1068 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 30 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20 16 in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: _________________________________ Email _________________________________ 16.G.1.d Packet Pg. 1069 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 31 Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16-7031 Aviation Fuel Service (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the C ollier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business wit hin Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preferen ce status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in Collier County or Lee County: ________ Number of Employees (Including Owner(s) or Corporate Officers):_________ Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: _________________________________________ Date: ________________________ Collier or Lee County Address: ___________________________________________________________ Signature: ____________________________________________ Title: ________________________ STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day of ______________, 20_____. _____________________________________________ Notary Public My Commission Expires: ________________________ (AFFIX OFFICIAL SEAL) 16.G.1.d Packet Pg. 1070 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 32 Attachment 6: Immigration Affidavit Certification Solicitation: 16-7031 Aviation Fuel Purchase and Delivery This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E - Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify program, may deem the Vendor / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16.G.1.d Packet Pg. 1071 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 33 Attachment 7: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (includin g social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ 16.G.1.d Packet Pg. 1072 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) Attachment 8: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all lia bilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ 1,000,000 Per Occurrence Professional Liability $__________ Per Occurrence  $ 500,000 each claim and in the aggregate  $1,000,000 each claim and in the aggregate  $2,000,000 each claim and in the aggregate Professional Liability $__________ per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate 16.G.1.d Packet Pg. 1073 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 35 Valuable Papers Insurance $__________ Per Occurrence Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. RLC 9/19/2016 ______________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ 16.G.1.d Packet Pg. 1074 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) 16-7031 RFP Aviation Fuel Purchase and Delivery 36 Attachment 9: Reference Questionnaire (Do Not Use Collier County Employees) Solicitation: 16-7031 Aviation Fuel Purchase and Delivery Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Change Orders - Dollars Added : _________________ Change Orders - Days Added: __________________ Item Citeria Score 1 Ability to manage costs (minimize change orders to scope). 2 Ability to maintain schedule demands/orders (provide product on-time or early). 3 Value of marketing/branding program 4 Fuel Quality Assurance and Training Program(s) 5 Professionalism and ability to manage personnel. 6 Administrative capability (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: Kristofer Lopez 239-252-6591 By January 6, 2017 16.G.1.d Packet Pg. 1075 Attachment: 16-7031 Aviation Fuel Purchase and Delivery_RFP (3006 : Aviation Fuel Contract) IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Agreement on the date and year first written above ATTEST: Dwight E.Brock,Clerk of Courts By: Dated: (SEAL) / First Witness Wu.UT4-/W tType/print witness namet &/VX& Second Witness v NOu\(kT-^K TType/prinrwitness namet ^&Vs/N Approved as to Form and Legality: Deputy County Attorney Print Name [17-PRC-03282/13 30854/1 ] Page 10 of 16 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA By: Penny Taylor,Chairman Eastern Aviaiion Fuels,Inc. Contractor Signature tType/print signatureand titleT ¥.Agreement H)6-7031 Aviation Fuels Purchase and Delivery (*}' l-astcm Aviuiion Fuels.Inc. (C/iO