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Agenda 10/09/2012 Item #16E4
10/9/2012 Item 16.E.4. EXECUTIVE SUMMARY Recommendation to retroactively (effective September 26, 2012) request a waiver of competition to authorize fuel purchases and payments under the State of Florida contract (405- 000 -10 -1) to Mansfield Oil Company LLC to fill County owned fixed fuel tanks at the Fleet Management Operation; to add "tank wagon" services to Contract 10 -5581 Motor Oils and Lubricant with Combs Oil; and authorize purchases and payments to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Operation and to Combs Oil for "tank wagon" services. OBJECTIVE: To obtain Board approval to retroactively request a waiver and utilize the State of Florida contract (405- 000 -10 -1) with Mansfield Oil for fixed fuel tanks and add motor fuel purchases to existing Bid # 10- 5581with Combs Oil Company, Inc. (Combs Oil) for "tank wagon" services to maintain cost effective and uninterrupted delivery of fuel for County vehicles, equipment and marina resale to the general public. CONSIDERATIONS: On August 24, 2012, staff became aware that Evans Oil Company LLC ( "Evans Oil ") was in the process of being acquired by another company. Since the County has an existing contract (Number 07 -4180) with Evans Oil for the purchase of gasoline and diesel fuel, staff initiated an ongoing dialogue with Evans Oil to streamline the anticipated assignment of the County's contract with Evans Oil to the acquiring party. Staff drafted an assumption agreement and, pending confinnation of the acquisition of Evans Oil by the purchaser, was prepared to bring it to the Board for approval. On September 25, 2012, Evans Oil informed staff that a Court Order had been issued to halt its deliveries of fuel. Staff already had a purchase order in place for the purchase of fuel under Florida State Contract; however, this fuel delivery is for large tanker trucks, which are not able to service the County's remote locations or County -owned fuel "tank wagons." In order to maintain uninterrupted fuel delivery for County fleet vehicles, equipment and marina resale to the general public, including CAT buses and emergency generators using the "tank wagon" services, staff identified two sources; individually, these sources were not able to respond to the County's major requirements: • State of Florida contract (405- 000 -10 -1) to Mansfield Oil for County owned fixed fuel tanks at the Fleet Management Operation. Per the State's agreement: "There is a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel, and 7,200 gallons for a combination load of gasoline and diesel. Less than truckload delivery ( "tank wagon" services) is not available under this contract," and therefore, staff recommends the use of, • Contract 10 -5581 Motor Oils and Lubricant to Combs Oil for "tank wagon" services. Pricing on the State of Florida contract will be based on Oil Price Information Service (OPIS) average daily port rack prices plus transportation costs plus profit margin. Staff negotiated with Combs Oil to provide the fuel to the County in accordance with Contract No. 10 -5581, Exhibit IV, Item 2, Additional Items and /or Services, which states: "During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Fleet Management Director or authorized representative and Vendor." Pricing will be based on Oil Price Information Service (OPIS) average daily port rack prices plus transportation costs plus profit margin. This will represent a cost savings of approximately 15 cents per gallon compared to commercial retail prices for small "tank wagon" services. To address the long term County fuel requirements, a new agreement will be brought to the Board for approval within the next six (6) months. The anticipated expenditures during this period are: $3.4M which have been budgeted in FY 2013 operating budgets (see FISCAL IMPACT). In the interim, and until the Board approves a new agreement, staff requests: 1. A waiver of competition to authorize purchases and payments under the State of Florida contract (405- 000-10-1) to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Packet Page -1326- 10/9/2012 Item 16.E.4. Operation; the Board's Purchasing Policy, Section V, Formal Competitive Threshold (Purchases in excess of $50,000) states: (A) "...The requirements for formal competition may be waived by the Board of County Commissioners where pennitted by law, under the following circumstances: 3. Valid public emergencies (pursuant to Section XXI), and 4. Where it is determined to be in the best interests of the County to do so." 2. To add "tank wagon" services to Contract 10 -5581 Motor Oils and Lubricant to Combs Oil; and, 3. To authorize purchases and payments to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Operation and to Combs Oil for "tank wagon" services. FISCAL IMPACT: Funds for motor fuel to run County vehicles and equipment are budgeted annually in the Fleet Management Fund 521 operating budget; total annual expenditures are estimated at $5.9M. Funds for marina resale to the general public are budgeted annually in the 001 Parks and Recreation Marina operating budget; total annual expenditures are estimated at $826,000. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — SRT. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board of County Commissioners: 1. Authorizes a waiver of competition under the Collier County Purchasing Policy Section V (A) 3 and 4 to effect the procurement of fuel from Combs Oil and Mansfield Oil Company LLC; 2. Authorizes purchases and payments under the State of Florida contract (405- 000 -10 -1) to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Operation 3. Adds "tank wagon" services to Contract 10 -5581 Motor Oils and Lubricant to Combs Oil; and 4. Retroactively authorizes payments to Mansfield Oil Company LLC and Combs Oil for outstanding invoices commencing on September 26, 2012. Prepared By: Dan Croft, Director of Fleet Management Adam Northrup, Procurement Specialist, Purchasing Department Attachments: State of Florida Contract (405- 000 -10 -1) ITB 10 -5581 Packet Page -1327- COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4. 10/9/2012 Item 16.E.4. Item Summary: Recommendation to request a waiver of competition to add motor fuel purchases to Contract No. 10 -5581 Motor Oils and Lubricants. Meeting Date: 10/9/2012 Prepared By Name: pochopinpat Title: Administrative Assistant,Facilities Management 9/27/2012 11:56:49 AM Submitted by Title: Director - Fleet Management,Fleet Management Name: CroftDan 9/27/2012 11:56:51 AM Approved By Name: CroftDan Title: Director - Fleet Management,Fleet Management Date: 9/27/2012 12:33:25 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 9/27/2012 12:38:34 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 9/27/2012 12:48:19 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 9/27/2012 12:48:42 PM Name: pochopinpat Packet Page -1328- 10/9/2012 Item 16.E.4. Title: Administrative Assistant,Facilities Management Date: 9/28/2012 11:50:14 AM Name: NorthrupAdam Title: Procurement Strategist, Purchasing Date: 9/28/2012 12:00:16 PM Name: BerriosMike Title: Manager - Network Operations,Information Technology Date: 9/28/2012 12:33:15 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 9/28/2012 3:56:40 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/1 /2012 9:29:02 AM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 10:45:52 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO - Date: 10/2/2012 1:34:55 PM Packet Page -1329- December 15, 2010 Mr. Dennis Combs Combs Oil Company 1500 Airport Road Naples, FL 34104 10/9/2012 Item 16.E.4. Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: 239- 252 -6020 FAX: 239 - 252 -6592 Email: brendareaves@colliergov.net www.colliergov.net NOTICE OF AWARD Re: 10 -5581 "Motor Oils, Lubricants and Fluids" Dear Mr. Combs: This letter serves as notification that you have been awarded the Primary vendor for Bid #10 -5581, "Motor Oils, Lubricants and Fluids" furnishing service, materials, and equipment in accordance with the terms, conditions and the specifications of the solicitation. A formal contract for this service will not be necessary. The Collier County department will forward a purchase order which will serve as the County's agreement to your proposal. Please provide a copy of an updated insurance certificate with the required limits as indicated in the solicitation documents. Upon renewal of your policy, please fumish us with a replacement certificate. Thank you for your interest in Collier County, and congratulations on the award of this solicitation. If there are any questions, please do not hesitate to contact me at the above number. Best regards, Brenda Reaves ContracbPurchasing Technician c: Dan Croft, Fleet fwdu iVD4wenent• 3301 Tam±acni Trait East- Napes, Florida U112, www.co1Wgov,ne0urchasmg Packet Page -1330- COPY 10/9/2012 Item 16.E.4. Attachment 1: Vendor Submittal - Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 13. - The mailing envelope must be sealed and marked with: • Solicitation # and Title: 10 -5581 Purchase Oils, Lubricants & Fluids • October 21, 2010 14. The bid will be mailed or delivered in time to be received no later than the specked opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. #10 -5581 ITB Template_04152010 Combs Oil Compan Company d"Tse��) Signature & Title October 19, 2010 Date Packet Page -1331- 21 LL C mW ar ai O N � o 0.0 L J 0 N! V C Q i O 2 m O L, 0 a� m m v m `0 C O Q yj C U d C 'L W m a> U �U C C R — O Ut'LO MO N N o 76 p O (i1 0 O — c Cc > C C C i O nl N C6 s m = Q 'a CO O to aj @ m A N nl @ d C Cn O CD y L N 0 0 ` ''_ C CL Q a ca c > o c ai dl >, v oes�a�i�0�M U c O Q) 'C CO O U a ' o m 0 - 41 v L 0o a —v, CO (D co U N dD tO � •m3Ecf4c ono ,&:9 'a U = U O 2 W L L L Ud>F -H- F- N biv LOCO 10/9/2012 Item 16.E.4. t7 O t` ti O = V C O O C a COG 1� a tt > X N M M W N 6o Eli 69- 69 Co W m N c� eo N n th V i v L =a @ Eft Cm m i N Cl - an - to CL OL — m L L L m L Q a d 0 0 0� 0 0 c 0 C C U U U O U O U CD In O G O to eN- C Lc LO `n V Q N Q m V c m c a�i m c U 0 @ @ m In W @ N R 2 N O X E N 'Dr N X H M it, m 0 X y tp w O t6 M. C S C X CV O ❑ 0 G U rn :3 m'D ( w (1) to 0 X r w M0Lo U a� G N1 w N g g v Co m 0 ,n w Ln v U � LL U) o U3 o I (.f) o C9Q 0Q (7Q V O) U Cb V 6 -gr .- ,�r r V) U) =w =w =w COG) O U U 0 U O CO CO CO EL Q Q m Q m E O 4w QCo QU1 0 Tl p =p�pT > e E > E m N `tt 0 to �t =U=U=U 0 0 0A() 0 LL 0 L 0_ � (5`I� L Cn L w L U) 0 = = = U) .. Co O O O j O _, CO�otnoc�o m on o -50-, L !� CO t= 0 L Cn4_ ° m 0 Q a a a 10/9/2012 Item 16.E.4. Packet Page -1332- C C v cc tttYYL U� y t[) C i Ca @ .O C tll m L a 0 0 C O U O C N E6 3 Q m c ` d U) N K m O C >_ � N ❑ OY M C7 'a o O CL C6 a U) Q O U 'd 7, 2 0 Co V U � O � CO M C O N O a t0 (h to N b9 Eri V3 ffi N c� r` N n th V a Cm m m OL — — m L t L 0 0 0 0 0 0 0 U O U O U O C Lc LO `n V N Q V m c c m In to N O 40 N N X H M a X y tp w O t6 M. w O U rn _ y C O 0 X r w ❑ CO G N1 w N Co m 0 ,n w Ln O a LL LL u C9Q 0Q (7Q V O) U Cb V 6 V) U) COG) rn M CV EN O 4w QCo QU1 CL 0 0 0A() 0 LL 0 L 0_ � oLO v � L CD Q L 0) Q L 0) Q C6 U) .. Co _ .. _, CO�otnoc�o on o -50-, L !� CO t= 0 L Cn4_ ° Q ID CL. a 0r a � U) O tM v m m m Co Packet Page -1332- C C v cc tttYYL U� y t[) C i Ca @ .O C tll m L a 0 0 C O U O C N E6 3 Q m c ` d U) N K m O C >_ � N ❑ OY M C7 'a o O CL C6 a U) Q O U 'd 7, 2 0 Co V U 10/9/2012 Item 16.E.4. A 9A US -Xv CMAN NY 1500 AIRPORT ROAD, SO, NAPLES, FLORIDA 34104 -4373 "EXCEPTIONS TO SPECIFICATIONS" ITEM 41: Super Syn Blend 5W30 and Fleet Supreme HD 15W40 also meet GF5 specifications. ITEM 42: Unable to supply TranSynd in gallon containers,price quoted is for 5 gallon containers. PHONE (239) 774 -2666 FAX (239) 775 -5655 Packet Page -1333- 10/9/2012 Item 16.E.4. Attachment 2: Vendor Submittal - Bid Response Form FROM: Combs Oil Company Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation # and Title: 105581 Purchase Oils, Lubricants & Fluids Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all requirements of this contract. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: Response Format will be manual, and vendor must attach all completed information below: • Vendor Price Sheet in Excel format (separate downloadable form), and • Attachment 1: Vendor's Check List • Attachment 2: Bid Response Form • Attachment 3: insurance and Bonding Requirements • Attachment 4: Local Vendor Preference Affidavit • Attachment 5: Immigration Affidavit Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: 1 %-15 Days; Net 30 Days Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being noted of an award. #10 -5581 22 ITB Template_04152010 Packet Page -1334- 10/9/2012 Item 16.E.4. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19th day of October , 2010 in the County of Collier , in the State of Florida Firm's Complete Legal Name Combs Oil Company Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Check one of the following: Signature / Title Type Name of Signature Date 1500 Airport Road South Naples, Florida 34104 59- 1271683 (239) 774 -2666 (239) 775 -5665 ❑ Sole Proprietorship Corp or P.A. State of Limited Partnership.. ❑ General Partnea p Dennis R. Combs October 19, 2010 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #10 -5581 ITB Template-0415201 0 Packet Page -1335- 23 10/9/2012 Item 16.E.4. Attachment 3: Vendor Submittal - Insurance and Bonding Requirements Insurance I Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $500.000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, 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 ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /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 $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ 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 $ 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 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers insurance $ Per Occurrence 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 #10 -5581 24 ITB Template_04152010 Packet Page -1336- 10/9/2012 Item 16.E.4. 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 For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome 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 (or Airport Authority or Collier MPO). 11. ® Thirty (30) Days Cancellation Notice required. 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 aWar-d-o1 this solicitation. Name of Firm Vendor Signature Print Name Dennis R_ Combs Date October 19, 2010 Insurance Agency Statewide Commercial Insurance Inc. Agent Name - Doug Johnson Telephone Number (772) 316 -1323 #10 -5561 ITS Template_04152010 Packet Page -1337- 25 10/9/2012 Item 16.E.4. :UVtHAiiE5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L:ert iL iu5zo ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE26 YV) POLICY EXPIRATION DATE M LIMITS I EACH OCCURRENCE 1 /z6 /2ola /201 PRODUCER GENERAL LIABILITY I X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE % OCCUR _ � �� F Y I GENERAL LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STATEWIDE COMMERICAL INSURANCE $ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1425 20TH STREET PERSONAL 8 ADV INJURY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR VERO BEACH FL 32960 £ 2,000,000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (772) 567 -1700 (772) 562 -7100 PRODUCTS - COMP/OP AGG S 1,000,000 -. _.. .__... INSURERS AFFORDING COVERAGE NAIC # INSURED j INSURERA: American Zurich Ins Co ! AUTOMOBILE Combs Oil Co Inc, and Dennis A Lynda Combs _16535 INSURERS: American Guarantee & Liability 26247 1500 Airport Road South 11/19/2009 INSURERC: General Star Indemnity Comp 37.362 Naples FL 34104 i BODILY INJURY •I S (Per parson) INSURERD: American Interstate Ina Co 31895 :UVtHAiiE5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1-TR pp'L' POLICY NUMBER POLICY EFFECTIVE CP09402028 -00 11119/2009 i POLICY EXPIRATION DATE M LIMITS I EACH OCCURRENCE $ 2000,000 A GENERAL LIABILITY I X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE % OCCUR _ � �� F Y I GENERAL LIABILITY 11/19/2010 hp'MAG_ ORE PREMISES_ {Ea occurencei $ MED EXP Any one person) $ PERSONAL 8 ADV INJURY 5 I GENERAL AGGREGATE £ 2,000,000 - --- — — PRODUCTS - COMP/OP AGG S 1,000,000 -. _.. .__... GENI AGGREGATE LIMIT APPLIES PER: POLICY '. PRO- LOC ! j ! AUTOMOBILE LIABILITY - H _ �aNYaUTO -_—I LX yd ALL OWNED AUTOS 1 I SCHEDULED AUTOS HIRED AUTOS i CP0940202B -00 I 11/19/2009 11 19 2010 / / COMBINED SINGLE LIMIT �accdent) £ I 1,000,000 i BODILY INJURY •I S (Per parson) j X NON-OWNED AUTOS BODILY INJURY I £ (Per acciaent) rX IBROADENAUTOPOLLCA994 X 1 PROPERTY DAMAGE (Per accident) I $ MCS90 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUT❑ OTHER THAN EA ACC $ 1$ 1 AUTO ONLY: AGG i C �F D(OESS /UMBRELLA LIABILITY L X I OCCUR CLAIMS MADE IUG410255 11/19/2009 11/19/2010 EACH OCCURRENCE g 41 000, 000 AGGREGATE $ i$ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AVKCFL1871332009 11/19/2009 11/19/2010 WC LIMIT -- E.L. EACH ACCIDENT -- $ 500,000 ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MFMRER EXCLUDED? Itym. desalua under E.L. DISEASE - FA EMPLOYEE $ 500, 000 E.L. DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS bol.. I OTHER I DESCRIPTION OF OPERATIONS! LOCATIONS) VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS LDER Collier County Board of Commissioners 2801 N Horseshoe Drive iaples FL 34104 ACORD 25 (2001/08) -_ - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL WPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Packet Page -1338- ® ACORD CORPORATION 1988 10/9/2012 Item 16.E.4. COLlL7er CiOnvit Attachment 4 Vendor Submittal — Local Vendor Preference Administrative Services Division Affidavit Purchasing Solicitation # and Title 10 -5581 Purchase Oils, Lubricants & Fluids (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County Ll Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. Vendor must complete the following information: Year Business Established in NI—ollier County or ❑ Lee County: 40+ Number of Employees (including Owner(s) or Corporate Officers): 12 Number of Employees Living in M Collier County or [I Lee (Including Owner(s) or Corporate Officers): 12 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: Combs I Address in Collier or Lee Signature: 4e2 r STATE OF FLORIDA COLLIER COUNTY ❑ LEE COUNTY Date: Title: President Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 19th Day of October 20p 10 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) My COMMISSION I DD 675M #10 -5581 * * EXPIFIES: May 31, 2011 IT13 Template_04152010 °T9TfaF�de��R BotW-M_1°'&WWWV8*=" 26 Packet Page -1339- Administrative Services Division Purchasing 10/9/2012 Item 16.E.4. Attachment 5 Vendor Submittal — Immigration Affidavit Solicitation # and Title 10 -5581 Purchase Oils, Lubricants & Fluids 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. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed 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 abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Print Name Signature State of Florida Tide President Date October 19 2010 County of Collier The foregoing instrument was signed and acknowledged before me this 19 day of October 2010 , by Dennis R. Combs who has produced (Print or Type Name) FL DL #0512176643371 as identification. (Type of Identification and Number) /, 71� KE WE GIAJDECIC Notary Public Signature Kellie Gundeck ��►�;PU�.� * MY COMMISSION IEDD675956 Printed Name of Notary ublic rY �y �� EXPIRES: May 31,2011 'EOF� sondWThrU8WN0tffysWiW6 U D ( 5- 9.5s `& ( )_o It Notary Commission Number/Expiration- The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this swom affidavit. #10 -5581 28 ITB Template-0415201 0 Packet Page -1340- CO 76F County Administrative Services Division Purchasing Memorandum Date: 10/13/10 10/9/2012 Item 16.E.4 Email: johncurran@coliiergov.net . Telephone: (239) 252 -6098 FAX: (239) 252 -6596 ADDENDUM 1 From: Jack Curran, Purchasing Agent To: Interested Bidders Subject: Addendum # 11 Solicitation # and Title 10- 5581 "Purchase Oil Lubricants" The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The Board of County Commissioners approved a new Immigration Affidavit and added a new requirement for Vendors / Suppliers / Contractors submitting proposals. That new language and requirements are attached on the following pages. In order for the proposal to be considered, the following documents must be submitted with your proposal: • A signed copy of this Addendum, • A signed and notarized copy of the Immigration Affidavit attached to this Addendum, and • A copy of the company's E- Verify profile page or memorandum of understanding If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Greg Cartotto Please sign belo retu a copy of this Addendum with your submittal forthe above referenced solicitation. re) Combs Oil Company (Name of Firm) Packet Page -1341- oe-154- 49 Date AddendurnTemplate Revised: 4/15110 10/9/2012 Item 16.E.4. 00 -jer COU"t'Y Administrative Services Division Purchasing Immigration Law Affidavit Certification 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 EVerify 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 enrollmenrt in the E Verity program. shall deem the Vendor 1 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 Combs' Oil Company Print Name Dennis R. C s Title President Signature Date State of Florida Countyof Collier The foregoing instrument was signed and acknowledged before me this /9 day of Quo 61/- 20_, by Dennis R. Combs who has produced D L #C512176643371 F L as identification. (Print or Type Name) Notary Public Signature tVO ", GtA�CK Kellie�°•�if- d mms ION # 00 67959 Printed Na �ota0fi9 li ty31,2011 �° 8adedlW DA 6759 S� Prow" 3r aotr Notary Commission Numberlftpiration (type of Identification and Number) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the but and accuracy of this affidavit to interrogatories hereinafter made. Packet Page -1342- Registration -Ver Emp, If - WV E- Verify Enrollment: You're Finished . Congratulations! 10/9/2012 Item 16.E.4. Exit i c.7SA Your company has been enrolled in E- Verify. Now just sit back and wait — the people you signed up as users will receive their user names and passwords by e-mail. Most people receive our confirmation e-mail within a few minutes. You should check your e-mail inbox as well as your spam orjunk mail folders because sometimes our a -mails are mistakenly marked as spam. If the e-mail is not received within 48 hours, please call our Customer Support line at 1- 888 -464 -4218 for assistance. Do not enroll your company again in E- Verify. If you attempt to reenroll, your enrollment may be delayed. Before you go, click on the "View Memorandum of Understanding" button and print a copy of the Memorandum of Understanding you electronically signed. Be sure to share it with your human resources manager, legal counsel and other appropriate staff. Thanks for signing up. Your participation is vital in ensuring a legal United States workforce. If you ever have any questions, we're here to help —just give us a call at 1- 888 - 464 -4218 or e-mail us at E- Verify@dhs.gov. View Memorandum of Understanding U.S. Department of Homeland Security I U.S. Citizenship and immigration Services https: / /e- verify .uscis.gov /enroll/Reg_Packet Page_V343 -�_. E Accessibility Download Viewers 10/18/2010 10/9/2012 Item 16.E.4. -Ve r mi fy- 141am is A stance 0/ 0,M'AND W Memorandum of Understanding ARTICLE 1 PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Carbs Oil C=Pany the State Employment Agency (Agency) regarding the AGENCY's participation in the E- Verify Program (E- Verify). E- Verify is a Federal program that confirms a person's employment eligibility after the Employment Eligibility Verification Form (Form I -9) has been completed. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 13 24a note) . Authority for the AGENCY to verify employment authorization of individuals referred for employment, and certify eligibility to employers in lieu of the employer verifying eligibility, is found in Section 274A(a) (5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1324a(a)(5) and Section 274a.6 of Title 8, Code of Federal Regulations (C.F.R.). The AGENCY certifies that it is a State employment agency (e.g. State Workforce Agency) as defined in 8 C.F.R. § 274a.1 ( "any State government unit designated to cooperate with the United States Employment Service in the operation of the public employment service system "). Authority for the AGENCY to expend funds for participation in this program is found in the Wagner- Peyser Act (29 U.S.C. §§ 49 et seq.) and the Department of Labor regulations promulgated thereunder. The purpose of this MOU is to provide the AGENCY with the means through E- Verify to verify the information provided through the Form I -9 process by workers to be referred by the AGENCY to airy employer. For the purpose of this MOU, these workers will be referred to as "referred workers." The AGENCY will verify referred workers using the procedures provided by 8 C.F.R. § 274a.6 and this MOU. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I -9, and provided the AGENCY complies with the requirements of this MOU, SSA agrees to provide the AGENCY with available information that allows the AGENCY to confirm the accuracy of Social Security Numbers provided by referred workers and the employment authorization of such workers who are U.S. citizens. 2. The SSA agrees to provide to the AGENCY appropriate assistance with operational problems that may arise during the AGENCVs participation in the E -Verify program. The SSA agrees to provide the AGENCY with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. The SSA agrees to safeguard the information provided by the AGENCY through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for Page 1 of 11 1 Memorandum of Understanding I Revision Date 6112108 Packet Page -1344- 10/9/2012 Item 16.E.4. E.YEMIP IE l SF EYICE OF ON$ AND SSA the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § S52a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S, citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. S. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for referred workers who contest SSA tentative non confirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I -9 and after SSA verifies the accuracy of SSA records through E- Verify, DHS agrees to provide the AGENCY access to selected data on aliens from DHS's database to enable the AGENCY to conduct: • Automated verification checks on referred workers by electronic means, and • Photo verificarion checks (when available) on alien referred workers. 2. DHS agrees to provide to the AGENCY appropriate assistance with operational problems that may arise during the AGENCY's participation in the E- Verify program. DHS agrees to provide the AGENCY with names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the AGENCY a manual (the E- Verify User Manual) containing instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide the AGENCY with a notice that must be given to referred workers, which informs the referred workers that the AGENCY participates in E- Verify. DHS also will provide the AGENCY with an anti - discrimination notice that must be given to the referred worker. S. DHS agrees to provide the AGENCY with a notice that must be provided by the AGENCY to each employer to whom the AGENCY refers a referred worker. The notice will inform the employer that the AGENCY has completed the Form I -9 employment eligibility verification process for the referred worker; that the AGENCY's referral may serve as evidence that the employer has complied with the verification requirements of section 274A of the INA for up to 21 business days pending receipt of AGENCY certification, as provided by 8 C.F.R. § 274a.6(c); that the AGENCY is participating in the E- Verify program; that verification of employment eligibility may or may not have been completed by the AGENCY at the time of referral; that the employer is subject to anti - discrimination requirements in its employment of the referred worker and may not take any adverse action against the referred worker based on the fact that the AGENCY may not have completed the E- Verify process at the time of referral; and that the AGENCY will follow up with the employer by providing the certification described in 8 C.F.R. § 274a.6(c)(1) within 2 t days and /or further information on the referred worker's verification status. Page 2 of 11 G Memorandum of Understanding I Revision Date 6112108 Packet Page -1345- 10/9/2012 Item 16.E.4. Y ,! Pw er i LYlJI FY If ! lEfY10E q' DHf fND lf! 6. DHS agrees to issue the AGENCY a user identification number and password that permits the AGENCY to verify information provided by alien referred workers with DHS's database. 7. DHS agrees to safeguard the information provided to DHS by the AGENCY, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility. 8. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of referred workers' employment eligibility within 3 Federal Government work days of the initial inquiry. 9. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for referred workers who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of such workers' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. G. RESPONSIBILITIES OF THE STATE EMPLOYMENT AGENCY 1. The AGENCY agrees to provide to each referred worker the DHS - supplied notice concerning the AGENCY's participation in E- Verify, and the notice concerning protections from unlawful discrimination. 2. The AGENCY agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the AGENCY representatives to be contacted regarding E- Verify. 3. The AGENCY agrees to become familiar with and comply with the terms and procedures of the E- Verify User Manual. Including but not limited to, any supplemental information pertaining to verification by an AGENCY. 4. The AGENCY agrees that any AGENCY representative who will perform employment verification queries will complete the E- Verify tutorial before that individual initiates any queries. A. The AGENCY agrees that all AGENCY representatives will take any refresher tutorials initiated by the E -Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will preclude the AGENCY from continued use of the program. 5. The AGENCY agrees that each AGENCY representative who will perform employment verification queries must have his or her own user 1D and password. 6. For each referred worker, the AGENCY agrees to comply with established Form I -9 procedures for state employment agencies that choose to verify identity and employment eligibility for individuals referred for employment, as provided in 8 C.F.R. § 274a.6, with two exceptions: If a job candidate presents a "List B" identity document, the AGENCY agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I -9 process to establish identity) . Page 3 of III Memorandum of Understanding I Revision DatP 6112108 Packet Page -1346- 10/9/2012 Item 16.E.4. verif -� 1E L.. #IIIN.I . y ... E�YEPIfT ft A b[•WCE tlF tlNf AXO SSA I£ a job candidate presents a DHS Form I -5S1 (Permanent Resident Card) or Form I -766 (Employment Authorization Document) to complete the Form I -9, the AGENCY agrees to make a photocopy of the document and to retain the photocopy with the job candidate's Form I -9. The AGENCY will use the photocopy to verify the photo and to assist the Department with its review of photo non - matches that are contested by job candidates. Note that job candidates retain the right to present any List A, or List B and List C. documentation to complete the Form I -9. DHS may in the future designate other documents that activate the Photo Screening Tool. 7. The AGENCY understands that participation in E -Verify does not exempt the AGENCY from the responsibility to complete, retain, and make available for inspection Forms I -9 that relate to referred workers, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the AGENCY's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the AGENCY has not violated Sections 274A(a) (1) (A) or 101(a) (15) (H) (ii) (a) of the Immigration and Nationality Act (INA) with respect to the referral of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the AGENCY is subject to a rebuttable presumption that it has knowingly referred an unauthorized alien in violation of Section 101(a) (15) (H) (ii) (a) if the AGENCY refers any referred worker after receiving a final nonconfirmation; and (4) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 8. The AGENCY agrees to initiate E- Verify verification procedures prior to referral of a referred worker (but after both Sections 1 and 2 of the Form I -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E -Verify User Manual. The AGENCY may initiate E -Verify verification procedures at any step of its referral process following completion of the I -9 but prior to the employer hiring the worker. The AGENCY is prohibited from initiating verification procedures before the referred worker has completed the Form I -9. In all cases, the AGENCY must use the SSA verification procedures first, and use DHS verification procedures and Photo Screening Tool only after the SSA verification response has been given. 9. The AGENCY agrees not to use E -Verify procedures for screening of non -job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. • The AGENCY must use E- Verify for all referred workers and agrees that it will not verify only certain such workers selectively. • The AGENCY agrees not to use E- Verify procedures for re- verification of employment eligibility. • The AGENCY agrees not to use E- Verify for any individuals referred for any employment before the date this MOU is in effect. • The AGENCY understands that if the AGENCY uses E -Verify procedures for any purpose other than as authorized by this MOU, the AGENCY may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. • The AGENCY agrees that it will not delay the referral of a referred worker or take other adverse action because of the receipt of a tentative nonconfirmation that is challenged by the worker. 10. The AGENCY understands that the obligation to verify under this MOU applies to referred workers. There is no authority or obligation to verify any individual who is not a referred worker. The AGENCY may not refer any individual unless the individual's Form I -9 process has been completed pursuant to 8 C.F.R. § 274a.6 and the E- Verify verification procedures initiated. The AGENCY agrees that it will not deny any referral to any individual because of the need to complete the verification process pursuant to this MOU. Page 4 of 11 1 Memorandum of Understanding I Revision Date 6/12108 Packet Page -1347- 10/9/2012 Item 16.E.4. 11. The AGENCY agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including promptly notifying referred workers of the finding, providing written instructions to such workers, allowing such workers to contest the finding, and not taking adverse action against such workers if they choose to contest the finding. Further, when referred workers contest a tentative nonconfirmation based upon a photo non - match, the AGENCY is required to take: affirmative steps (see Article HI.B. below) to contact DHS with information necessary to resolve the challenge. 12. The AGENCY agrees not to take any adverse action against a referred worker (including, but not limited to, declining to refer such worker or delaying the referral) based upon the job candidate's employment eligibility status while SSA or DHS is processing the verification request unless the AGENCY obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the referred worker is not work authorized. The AGENCY understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of a photo non - match, does not mean, and should not be interpreted as, an indication that the referred worker is not work authorized. In any of the cases listed above, the referred worker must be provided the opportunity to contest the finding, and if he or she does so, may not suffer any adverse employment or potential employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the referred worker does not choose to contest a tentative nonconfirmation or a photo non - match, then the AGENCY can find that such worker is not work authorized and take the appropriate action, including but not limited to, declining to issue or revoking the certification provided under 8 C.F.R. § 274a.6(c), and notifying the worker's employer. 1 3.The AGENCY agrees to comply with Section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in Section 27411(a)(3) of the INA, because of his or her citizenship status. The AGENCY understands that such illegal practices may include, for example, use of E- Verify on some, but not all, referred workers, refusing to refer for hire referred workers because they appear or sound "foreign ", delaying a referral until a tentative nonconfirmation is wholly resolved, and termination of the referral process based upon tentative nonconfirmations. Any violation of the unfair immigration- related employment practices provisions of the INA could subject the AGENCY to civil penalties pursuant to Section 274B of the INA and the termination of its participation in E- Verify. If the AGENCY has any questions relating to the anti- discrimination provision, it should contact OSC at 1-800 - 2S5 -7688 or 1- 800 - 237 -2515 (TDD). 14. The AGENCY agrees to record the case verification number on the referred worker's Form I -9 or to priuu the screen containing the case verification number and attach it to the worker's Form 1 -9. IS. The AGENCY agrees that it will use the information it receives from the SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of referred workers, after completion of the Form I -9. The AGENCY agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the AGENCY who are authorized to perform the AGENCY's responsibilities under this MOU. 16. The AGENCY acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. Page 5 of 11 1 Mcrnorandum of Understanding G Revision Date 6112!08 Packet Page -1348- E-Verify FvntFr�a w ctavica or oxc AND cu 11. The AGENCY agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including promptly notifying referred workers of the finding, providing written instructions to such workers, allowing such workers to contest the finding, and not taking adverse action against such workers if they choose to contest the finding. Further, when referred workers contest a tentative nonconfirmation based upon a photo non - match, the AGENCY is required to take: affirmative steps (see Article HI.B. below) to contact DHS with information necessary to resolve the challenge. 12. The AGENCY agrees not to take any adverse action against a referred worker (including, but not limited to, declining to refer such worker or delaying the referral) based upon the job candidate's employment eligibility status while SSA or DHS is processing the verification request unless the AGENCY obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the referred worker is not work authorized. The AGENCY understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of a photo non - match, does not mean, and should not be interpreted as, an indication that the referred worker is not work authorized. In any of the cases listed above, the referred worker must be provided the opportunity to contest the finding, and if he or she does so, may not suffer any adverse employment or potential employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the referred worker does not choose to contest a tentative nonconfirmation or a photo non - match, then the AGENCY can find that such worker is not work authorized and take the appropriate action, including but not limited to, declining to issue or revoking the certification provided under 8 C.F.R. § 274a.6(c), and notifying the worker's employer. 1 3.The AGENCY agrees to comply with Section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in Section 27411(a)(3) of the INA, because of his or her citizenship status. The AGENCY understands that such illegal practices may include, for example, use of E- Verify on some, but not all, referred workers, refusing to refer for hire referred workers because they appear or sound "foreign ", delaying a referral until a tentative nonconfirmation is wholly resolved, and termination of the referral process based upon tentative nonconfirmations. Any violation of the unfair immigration- related employment practices provisions of the INA could subject the AGENCY to civil penalties pursuant to Section 274B of the INA and the termination of its participation in E- Verify. If the AGENCY has any questions relating to the anti- discrimination provision, it should contact OSC at 1-800 - 2S5 -7688 or 1- 800 - 237 -2515 (TDD). 14. The AGENCY agrees to record the case verification number on the referred worker's Form I -9 or to priuu the screen containing the case verification number and attach it to the worker's Form 1 -9. IS. The AGENCY agrees that it will use the information it receives from the SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of referred workers, after completion of the Form I -9. The AGENCY agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the AGENCY who are authorized to perform the AGENCY's responsibilities under this MOU. 16. The AGENCY acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. Page 5 of 11 1 Mcrnorandum of Understanding G Revision Date 6112!08 Packet Page -1348- E- Verify 10/9/2012 Item 16.E.4. E4EOIA IE • EEOOICE OF ONE END EEC 17. The AGENCY agrees to make employment and E- Verify related records available to DHS and the SSA, or their designated agents or designees, and allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the AGENCY for the purpose of reviewing E- Verify- related records, i.e., Forms I -9, SSA Transaction Records, DHS verification records, and certification forms described in 8 C.F.R. § 274a -6(d), which were created during the AGENCY's participation in the E- Verify Program. In addition, for the purpose of evaluating E- Verify, the AGENCY agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E- Verify, and to interview job candidates and hired employees concerning their experience with E- Verify. Failure to comply with the terms of this paragraph may lead DHS to terminate the AGENCY's access to E- Verify. 18. The AGENCY is authorized and encouraged to seek the cooperation and assistance of the employer of any referred worker in fulfilling the obligations of this MOU, including, but not limited to, seeking the assistance of the employer in locating workers for the purpose of providing notice of a tentative nonconfirmation and information on how to resolve it; providing the employer with information on the E- Verify process and anti - discrimination obligations; and advising the employer of any final nonconfirmation. The AGENCY understands, however, that it is expressly the AGENCY's obligation to comply with this MOU regardless of any action or inaction of an employer or other third party. If the AGENCY has reason to believe that an employer is unwilling to hire a referred worker because of the AGENCY's receipt of a tentative nonconfirmation, the AGENCY may raise such concerns with the Office of Special Counsel for Immigration- Related Unfair Employment Practices in the Civil Rights Division of the U.S. Department of Justice by calling 1- 800 -2SS -7688. 19. The AGENCY agrees to provide the DHS - supplied notice to each employer to whom the AGENCY refers a referred worker. 20. The AGENCY agrees that it will give immediate notice in writing to the employer of a referred worker if the worker is the subject of a final nonconfirmation, and will revoke any certification described in 8 C.F.R. § 274a.6 that has been previously provided to the employer. ARTICLE 111 REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the AGENCY receives a tentative nonconfirmation issued by SSA, the AGENCY must print the E- Verify tentative nonconfirmation notice and promptly provide it to the referred worker so that the worker may determine whether he or she will contest the tentative nonconfirmation. 2. The AGENCY will refer referred workers to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the AGENCY records the case verification number, reviews the input to detect any transaction errors, and determines that the worker wishes to contest the tentative nonconfirmation. The AGENCY will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The AGENCY will determine whether the referred worker contests the tentative nonconfirmation as soon as possible after the AGENCY receives it. 3. If the employee contests an SSA. tentative nonconfirmation, the AGENCY will promptly provide the referred worker with the E- Verify SSA referral letter and instruct the job candidate to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. SSA will electronically transmit the result Page 6 of III Memorandum of Understanding 1 Revision Date 6112'06 Packet Page -1349- 10/9/2012 Item 16.E.4. F.Verf E.YESIFYn13.3 SEFDIM DE DFSAFD SSA of the referral to the AGENCY within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 4. The AGENCY agrees not to ask the referred worker to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the AGENCY receives a tentative nonconfirmation issued by DHS, the AGENCY must print the E- Verify tentative nonconfirmation notice and promptly provide it to the referred worker so that the worker may determine whether he or she will contest the tentative nonconfirmation. 2. If' the AGENCY finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the AGENCY must print the E- Verify photo non -match tentative nonconfirmation notice and provide it to the referred worker so that the worker may determine whether he or she will contest the finding. 3. The AGENCY agrees to refer individuals to DHS only when the referred worker chooses to contest a tentative nonconfirmation received from the DHS automated verification process or when the AGENCY issues a tentative nonconfirmation based upon a photo non- match. The AGENCY will determine whether the worker contests the tentative nonconfirmation as soon as possible after the AGENCY receives it. 4. If the referred worker contests a tentative nonconfirmation issued by DHS, the AGENCY will promptly provide the worker with the E- Verify DHS referral letter and instruct the worker to contact the Department through its toll-free hotline listed on the referral letter within 8 Federal Government work days. S. If the referred worker contests a tentative nonconfirmation based upon a photo non - match, the AGENCY will promptly provide the worker with die E- Verify referral letter to DHS. DHS will electronically transmit the result of the referral to the AGENCY within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The AGENCY agrees that if a referred worker contests a tentative nonconfirmation based upon a photo non - match, the AGENCY will send a copy of the worker's Form I -551 or Form I -766 to DHS for review by: • Scanning and uploading the document, or Sending a photocopy of the document by- an express mail account (furnished and paid for by DHS). 7. The AGENCY understands that if it cannot determine whether there is a photo match /non - match, the- AGENCY is required to forward the referred worker's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. Page 7 of 11 1 Memorandum of Understanding I Revision Date 6!12108 Packet Page -1350- 10/9/2012 Item 16.E.4. i�l1 E-Verimfy EYFE%K A ![FYIC DF' pM A.p ! $A ARTICLE W SERVICE PROVISIONS The SSA and DHS will not charge the AGENCY for verification services performed under this MOU. The AGENCY is responsible for providing equipment needed to make inquiries. To access the E- Verify System, the AGENCY will need a personal computer with Internet access. ARTICLE V PARTI ES 1. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train the AGENCY on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify manual. Even without changes to E- Verify, DHS reserves the right to require the AGENCY to take mandatory refresher tutorials. 2. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the AGENCY, or a failure on the part of the AGENCY to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. 3. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the AGENCY, its agents, officers, or employees. 4. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability where-from. including (but not limited to) any dispute between the AGENCY and any other person or entity regarding the applicability of Section 403 (d) of IIRIRA to any action taken or allegedly taken by the AGENCY. 5. The AGENCY understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, and responses to inquiries under the Freedom of information Act (FOIA) . b. The foregoing constitutes the full agreement on this subject among the SSA, DHS, and the SWA. This agreement is not intended to displace or modify any agreement between SSA and DHS regarding reimbursement to SSA for E- Verify - related work. 7. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the AGENCY, SSA and DHS, respectively. The SSA has agreed that DHS's signature to the MOU shall also constitute SSA's agreement to its terms and conditions. Page 8 of 11 1 Metnorandurn of Understanding I Revision Gate 6112108 Packet Page -1351- 10/9/2012 Item 16.E.4. -Ve r i Fy M F yCRIFY ti A SCRYICF OF YMt ANO tfA Please only sign the AGENCY'S Section of the signature page. You must provide a telephone number and valid email address in the event we need to contact you. If you have any questions, contact E- Verify at: 888 -464 -4218. State Employment Agency Dennis R. Combs President Name (Please Type or P it) Title Sign re Date (239) 774 -2666 combsoil @earthlink.net Telephone Number Email Address Department of Homeland Security — Verification Division Name (Please Type or Print) Signature Date Page 9 of 11 1 Memorandum of Understanding 1 Revision Daie 6112108 Packet Page -1352- 10/9/2012 Item 16.E.4. F.-Verify E YERIfY If A {EPVIC[ K CXf AND [{A Information Required for E- Verify Registration Information Relating to Your Agency Agency Name: Combs oil Company Agency Physical Address: 1500 Airport Road S. (This is the address of the agency that is completing this form) Naples, F L o r i d a 34104 Collier County County or Parish: Employer Identification Number: 59- 1271683 (lhis nt +tuber is issued by the IP,S. You can obtain Phis number from ;our payroll office) North American Industry Classification Systems Code: 581 (you do not need to complete this field) Estimated Number of Referred Workers Per Year: Anticipated Number of Sites that will be Using E- Verify for your State: Page 10 of 11 I Memorandum of Understanding I Revision Date 6.12108 Packet Page -1353- 10/9/2012 Item 16.E.4. F.-Verif Information Relating to the Program Administrator(s) for Your Agency A Program Administrator has the ability to create user accounts, perform verifications, view reports, update account information, and unlock user accounts. Additional Program Administrators can be added after registration. Program Administrator (name, telephone number and email address are required for successful registration) Dennis R. Combs (239) 774 -2666 Name IPleast: Type or Prim) Telephone Number combsoil @earthlink.net (239) 775 -5655 tm--alf Address Fax Number Program Administrator (name, telephone number and email address are required for successful registration) Kellie A. Gundeck Name ;Please Type or Print) combsoil @earthlink.net Email Address (239) 774 -2666 Telephone Number (239) 775 -5655 ax Number Program Administrator (name, telephone number and email address are required for successful registration) Name (Ple�.js2 Type or Print) Telephone Number Email Address Fax Number Page 11 of 11 1 Memorandum of Understanding I Revision Date 6,112108 Packet Page -1354- 10/9/2012 Item 16.E.4. Immigration Law 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 Purchasing Department an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providina both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal shall be deemed non - responsive. 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: httpl /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 seg 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. Packet Page -1355- 16.E.4. Super Synthetic Blend Motor Oil 760 Super Synthetic Blend Motor Oil is a premium quality, part - synthetic engine oil designed for use in gasoline - fueled passenger cars, light trucks and sport utility vehicles under all operating conditions. Super Synthetic Blend Motor Oil is formulated to provide excellent wear protection, to minimize the formation of sludge and varnish, and to resist viscosity and thermal breakdown even in severe service. It also protects against rust and bearing corrosion and has good foam resistance. The part- synthetic formulation provides enhanced oxidation resistance and thermal stability at high temperatures and better pumpability at low temperatures compared with conventional engine oils, for extra protection under all driving conditions. Super Synthetic Blend Motor Oil exceeds new car warranty requirements as defined by ILSAC GF -4. It is "Energy Conserving" for improved fuel economy and is specially formulated for protection of emissions control system catalysts. Applications Gasoline- fueled passenger cars, light trucks and sport utility vehicles Super Synthetic Blend Motor Oil meets or exceeds the requirements of: API Service SM, SL • Energy Conserving, ILSAC GF -4 • DaimlerChrysler MS- 63950 • Ford WSS- M2C930 -A (SAE 5W -20), WSS- M2C929 -A (SAE 5W -30), WSS- M2C205 -A (SAE 1OW -30) • GM6094M (all grades), GM9986202 (SAE 5W -20), GM9986231 (SAE 5W -30) Feature0enefits Exceeds ILSAC GF -4 requirements for new cars under warranty • Friction - modified for improved fuel economy • Excellent resistance to viscosity and thermal breakdown at high temperatures • Protects against sludge and varnish formation Premium Synthetic Blend Passenger Car Engine Oil Customer Service Number: 1 -888 -766 -7676 Technical Hot Line: 1 -800- 435 -7761 E -mail Address: 76lubricants@ conocophillips. com • Protects against wear • Protects against rust and bearing corrosion • Low volatility for reduced oil consumption • Excellent low- temperature pumpability for protection during cold starts • Formulated to protect emissions control system catalysts • Good foam resistance Super Synthetic Blend Moior Oil Tvaical Properties SAE Grade 5W -20 5W -30 1OW -30 Specific Gravity @ 60 °F 0.861 0.862 0.869 Density, Ibs /gal 0 60 °F 7.18 7.19 7.24 Color, ASTM D1500 3.5 3.5 3.5 Flash Point (COC), °C (°F) 224 (435) 221 (430) 224 (435) Pour Point, °C (T) < -42 ( < -44) < -42 (< -44) < -42 ( < -44) Viscosity, Kinematic cSt @ 40°C 50.0 66.0 69.0 cSt @ 100 °C 8.6 10.9 10.6 Viscosity Index 165 167 163 Cold Cranking Viscosity, cP 5,600 5,900 5,900 4(-C) ( -30) ( -30) - ( -25) High - Temp /High -Shear Viscosity, cP @ 150 °C 2.6 3.1 3.1 Sulfated Ash, ASTM 0874 wt % 0.94 0.94 0.94 Total Base Number (TBN), ASTM D2896 7.8 7.8 7.8 Phosphorus, wt % 0.077 0.077 0.077 Zinc. wt `ro 0.085 0.085 0.085 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http✓ Av3.conocophitlips.com/NetMSDS. Due to continual product research and development, the information contained herein is subject to change without notification. Copyright © 2008 ConocoPhillips Company. The ConocoPhillips logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. `1 CSB -08 3082204 ConocoPhillips 08/08 Packet Page -1357- 6.E.4. 16.E.4. Hydraulic/Tractor Fluid 76® Hydraulic/Tractor Fluid is a multifunctional fluid specially formulated for use in farm tractors and other off- highway equipment requiring one lubricant for the transmission, final drive, wet brakes and hydraulic systems. It meets the performance requirements of all major brands of farm tractors and other farm equipment that utilize a common fluid reservoir. Hydraulic/Tractor Fluid is formulated to provide excellent oxidation resistance, excellent wear protection, protection against rust and corrosion, and resistance to foaming. It has carefully balanced frictional properties to ensure proper operation of wet brakes and transmission clutches. Multipurpose Hydraulic/ Transmission/ Final Drive Fluid For Farm Tractors Applications Hydraulic/Tractor Fluid is recommended for use where the equipment manufacturer specifies: • AGCO (Deutz- Allis) Power Fluid 821XL • AGCO (White Farm) Q -1826, 0-1802 (Type 55 Fluid), Q-1 766B Contact Information • Case IH MS1210, MS1209, MS1207, MS1206 • Case New Holland (CNH) MAT3525 (134 -D Fluid), MAT3509, U.S. Customer MAT3506, MAT3505 Service: • Caterpillar TO -2 (obsolete) 1 -888- 766 -7676 • Denison Hydraulics HF -0, HF -1, HF -2 • Ford ESN- M2C134 -D, ESN- M2C86 -C, ESN- M2C86 -B, Technical Hot Line: ESN- M2C41 -B 1- 877 - 445 -9198 • Ford -New Holland FNHA -2 -C- 201.00 international • John Deere JDM J20C, J14C (Type 303 Fluid) Customer Service: • Kubota UDT Fluid +1- 832 - 486 -3363 • Landini Tractor II Hydraulic Fluid +1 -832- 486 -3870 • Massey Ferguson CMS M1145, M1143, M1141, M1135, M1 129A E -mail Address: • Sundstrand Hydrostatic Transmission Fluid 761ubricants@ • Vickers (Eaton) M- 2950 -S, 1 -286 -S conocophillips.com • Volvo VME WB 101 (VCE 1273.03) • ZF TE -ML 03E, 05F, 06E, 06K, 17E Hydraulic/Tractor Fluid also meets API GL -4 performance requirements. Feafures/Beneffts • Excellent oxidation resistance and thermal stability • Excellent wear protection for clutches, gears and hydraulic pumps • Prevents brake chatter and grabbing • Protects against rust and corrosion • Excellent seal compatibility • Good foam resistance • Suitable for year -round use in most climates ►draulic/rractor Ruid Tvnical Pronerties Specific Gravity @ 60 °F 0.868 Density, Ibs /gal @ 60 °F 7.23 Color, ASTM D1500 3.5 Flash Point (COC), °C ( °F) 210 (410) Pour Point, °C ( °F) -43(-45) Viscosity, Brookfield cP @ -20 °C 2,800 cP @ -35 °C 26.700 Viscosity, Kinematic cSt @ 40 °C 61.0 cst @ 100 °C 9.3 Viscosity Index 146 Ash, Sulfated, ASTM D874 wt % 1.41 Total Base Number, ASTM D2896 9.6 Zinc, wt % 0.149 Health and Safety Information -- For recommendations on safe handling and use of this product, please refer to the Material. Safety Data Sheet via http:/ /w3.conocophillips.com/NetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2010 ConocoPhillips Company. The ConocoPhiliips Pogo, 76 And the 76 logo are trademarks of Conoco Phillips Company in the U.S.A. and other countries. CSB -10 3826796 ConocoPhi! f i ps 02/10 Packet Page -1359- 6.E.4. 16.E.4. MERCON@V ATF MERCONOV ATF is a high - quality transmission fluid approved for use in passenger car and light truck automatic transmissions that require a Ford MERCONOV fluid. it is back serviceable for 2006 and earlier model -year Ford vehicles except those that require a MERCONISP or Type F fluid, and also may be used in most 2005 and earlier model -year GM automatic transmissions. MERCONOV ATF is formulated to provide improved antiwear and anti - shudder performance compared with previous - generation fluids, as well as better low - temperature properties. It is highly shear stable and has excellent oxidation resistance for long fluid life. Applications • Ford automatic transmissions where a MERCDN ®V fluid or earlier - generation MERCDN® fluids (obsolete) are specified • GM automatic transmissions in 2005 and earlier vehicles, except those that require a DEXRON"WI fluid for warranty coverage, or a Type T -IV or CVT fluid • Heavy -duty automatic and powershift transmissions in trucks and buses • Power steering systems in many newer Ford vehicles • Hydraulic systems on industrial and mobile equipment operating over a wide temperature range. MERCDN ®V ATF is fully licensed and/or approved for service fill in the following applications: • Allison C -4 • Ford MERCDN ®V • Voith DIWA transmissions FeaturesSenefits • Proper frictional properties for smooth shifting and excellent anti- shudder performance • Excellent oxidation resistance and thermal stability for long fluid life • Protects against sludge and varnish formation • Protects against wear • High shear stability • Protects against rust and corrosion • Excellent low- temperature properties for easier shifting in cold weather • Good seal compatibility Ford MERCDN ®U Automatic Transmission Fluid Contact Information U.S. Customer Service: 1- 800 - 822 -6457 Technical Hot Line: 1- 806- 766 -0050 International Customer Service: +1- 832 - 486 -3363 +1- 832 - 486 -3870 E -mail address: lubricants@ conocophillips. com • Good foam resistance MERCON ®V ATF Talcal Properties Specific Gravity @ 60 °F 0.863 Density, lbs/gal @ 60 °F 7.20 Color, Visual Red Flash Point (COC), °C (T) 196 (385) Pour Point, °C ( °F) _ -48(-54) Viscosity, Brookfield cP @ -40 °C 10,000 Viscosity, Kinematic cSt @ 40 °C 33.2 cst @ 100 °C 7.5 Viscosity Index 205 Zinc, wt % _ _ <0.001 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http;/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright ® 2009 ConocoPhillips Company. The ConocoPhilllps logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ConocoPhillips AwP 03/09 Packet Page -1361- 3.E.4. 16.E.4. Multiplex® Red Multiplex Red is a high - performance, multipurpose, extreme - pressure (EP) lithium complex grease developed to satisfy the severe lubrication requirements of heavily loaded plain and rolling element bearings operating at moderate to high temperatures. It is particularly recommended for use in automotive and industrial applications that are too severe or require higher performance than that provided by conventional extreme - pressure lithium greases. Multiplex Red is manufactured with high - quality paraffinic base oils thickened with lithium complex soap. It contains an effective extreme - pressure additive, a tackifier, and rust and oxidation inhibitors to provide outstanding wear protection, excellent thermal stability at high temperatures, and excellent resistance to corrosion and water washout. It forms an effective seal to help minimize bearing contamination and provides a high level of adhesion to the bearing surface for improved retention, reduced leakage and resistance to water washout. It is dyed red for ease of identification. Multiplex Red Grades No. 1 and No. 2 are NLGI GC -LB certified for use as multipurpose automotive wheel bearing and chassis lubricants. Applications • Wheel bearings of passenger cars, trucks, high - performance vehicles, sport utility vehicles and motorcycles equipped with disc brakes • Ball joints, universal joints, other chassis points and water pumps on passenger cars, trucks and other mobile equipment • Heavily loaded plain and rolling element bearings in industrial, mining and mobile equipment where a water - resistant, high - temperature, extreme - pressure grease is required FeaturesBenefits • Excellent high- temperature performance • Outstanding wear protection • High load- carrying capacity • Protects against rust and corrosion • Excellent resistance to water washout • Good low- temperature pumpability • NLGI GC -LB certified (Grades No. 1 and No. 2) Multipurpose, Extreme- Pressure Lithium Complex Grease; NLGI GC -LB Certified Contact Information U.S. Customer Service: 1- 800 -822 -6457 Technical Hot Line: 1- 877 -445 -9198 International Customer Service: +1 -832- 486 -3363 +1 -832- 486 -3870 E -mail address: lubricants@ conocophillips. com Multiplex® Red Typical Properties NLGI Grade 0 1 2 Thickener Lithium Complex Lithium Complex Lithium Complex Color Dark Red Dark Red Dark Red Dropping Point, °C ( °F) 250 (482) 271 (520) 271 (520) Density, Ibs /gal 7.48 7.48 7.48 Penetration, Worked (60 strokes), ASTM D217 355 -385 310 -340 265 -295 Texture Tacky Tacky Tacky Four -Ball EP, ASTM D2596, Weld Load, kgf 400 400 400 Four -Ball Wear, ASTM D2266, Scar Diameter, mm <0.60 <0.60 <0.60 Oxidation Stability, ASTM D942,100 hours, Pressure Drop, psi (kPa) 5 (35) 5 (35) 5 (35) Rust Prevention, ASTM D1743 Pass Pass Pass Timken OK Load, ASTM D2509, lb 70 70 70 U.S. Steel Mobility, g /sec Q 4 °C (40 °F) 4.55 2.18 1.04 * -7 °C (20 °F) 1.03 0.57 0.26 * -1 B °C (0 °F) 0.20 0.11 0.05 Base Oil Properties: Viscosity, cSt @ 40 °C 170 170 220 cst a 100 °C 13.8 13.8 18.0 SUS @ 100 °F 905 905 1,170 SUS @ 210 °F 75 75 93 Viscosity Index 85 85 85 Usable Temperature Range, °C -40 to 194 -29 to 204 -23 to 204 OF -40 to 382 -20 to 400 -10 to 400 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification_ Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. CSB -09 3346722 ConocoPhillips® 11/09 1 uhrinants Packet Page -1363- 6.E.4. 10/9/2012 Item 16.E.4. MegafloW m AW Hydraulic Oil Megaflow AW Hydraulic Oil is a high - quality antiwear hydraulic oil developed for use in a wide variety of industrial and mobile hydraulic system applications. it meets the performance requirements of all major hydraulic pump manufacturers, and is recommended for use in all types of high - pressure, high -speed hydraulic pumps. Megaflow AW Hydraulic Oil is formulated to provide excellent wear protection for hydraulic pumps and motors, and to protect hydraulic system components against rust and corrosion. It has excellent oxidation resistance and thermal stability at high temperatures to minimize deposit formation and provide long service life. It has excellent water - separating properties to minimize the formation of emulsions, and is resistant to excessive foam buildup that can cause poor or sluggish hydraulic system response. Applications • Hydraulic systems on industrial, mobile and marine equipment • Automated machine tools • Elevators, hoists, presses and floor jacks • Marine cargo winches and steering systems • Mobile construction equipment • Service station lifts • Air tools and other pneumatic equipment lubricated through air line lubricators • Chain drives • Electric motor bearings • Moderately loaded enclosed industrial gearboxes that do not require an extreme- pressure (EP) gear oil Megaflow AW Hydraulic Oil meets the requirements of the following industry and OEM specifications: • Bosch Rexroth RE 90 220 Cincinnati Machine P -68 (ISO VG 32), P -70 (ISO VG 46), P -69 (ISO VG 68) • Denison Hydraulics HF -0, HF -1, HF -2 • DIN 51524 Part 2, Antiwear Hydraulic Oils, Type HLP • German Steel Industry SEB 181222 • ISO 11158:1997, Family H (Hydraulic Systems), Type HM • U.S. Steel 127 • Vickers (Eaton) M- 2950 -S, 1 -286 -S High - Quality Antiwear Hydraulic Oil Contact Information U.S. Customer Service: 1 -800- 822 -6457 Technical Hot Line: 1- 877 - 445 -9198 International Customer Service: +1 -832- 486 -3363 +1- 832 -486 -3870 E -mail address: lubricants@ conocophillips.com Features/Benefits • Excellent wear protection for hydraulic pumps and motors • Excellent oxidation resistance and thermal stability • Protects against rust and corrosion • Excellent water - separating properties • Excellent filterability, even in the presence of a small amount of water • Good foam resistance Typical properties are average values only and do not constitute a specification. Minor variations that do not aff ect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2010 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ConocoPhillips AWP 02110 Packet Page -1365- 6.E.4. 10/9/2012 Item 16.E.4. Megaflo*' AW Hydraulic Oil Twical Properties ISO Grade 22 32 46 68 100 150 22D 32D Specific Gravity @ 60 °F 0.857 0.862 0.868 0.871 0.873 0.883 0.886 0.892 Density Ibs/gal @ 60 °F 714 7.18 7.23 7.25 7.27 7.35 7.38 7.43 Color, AST500 0.5 0.5 0.5 0.5 0.5 3.0 4.0 5.0 Flash Point (COC) - °C 196 216 227 238 252 274 274 282 OF 385 421 441 460 486 525 525 540 Pour Point, oC -40 -37 -37 -33 -32 -21 -21 -15 OF -40 -35 -35 -27 -26 -6 -6 5 Viscosity, cSt @ 40 °C 22.0 31.0 46.0 68.0 100 149 220 320 cst @ 100 °C 4.3 5.4 6.8 8.7 11.0 14.7 19.2 24.3 SUS @ 100 °F 115 160 237 353 523 782 1,162 1.703 SUS 0 210 °F 40.7 44.4 49.0 55.5 63.9 78.5 97.7 121 Viscosity index 104 104 100 99 98 98 98 97 Acid Number ASTM D974, mg KOH_ /g 0.38 0.38 0.38 0.38 0.38 0.38 0.38 0.38 Copper Corrosion ASTM D130 1a is 1a is 1a 1a la Demulsibilitv ASTM D1401 minutes to pass 10 10 10 10 10 10 10 10 Foam Test ASTM D892 Pass Pass Pass Pass Pass Pass Pass Pass FZG Scuffing Test ASTM D5182 - Failure toad Stage - 12 12 12 12 12 12 12 Oxidation Stability TOST, ASTM D943 -04a hours >5,000 >5,000 >5,000 >5,000 >5,000 >4,500 >4,500 >4,500_ RPVOT. ASTM D2272 minutes >270 >270 >270 >270 >270 >250 >250 >250 Rust Test ASTM D665 A &B Pass Pass Pass Pass Pass Pass Pass Pass Zinc wt % 0.043 0.043 0.043 0.043 0.043 0.043 0.043 0.043 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are " - ---- ---" ^" - notification. Packet Page -1366- Copyright © 2010 ConocoPhillips Cumpwiy. , I,C ti "ju�u, ,,,flips logo, Conoco, the Conoco logo, PhillinS 66 - tha Phillins 66 l000. 76 and the 76 Joao are trademarks of ConocoPhillips Company in the 16.E.4. Dynafife® L -EP Dynalife L -EP is a multipurpose, extreme - pressure lithium grease developed for use in a wide variety of industrial and automotive applications. It is a versatile, general - purpose grease for use in applications where operating temperatures and loads are moderate. Dynafife L -EP is manufactured with high - quality base oils, a lithium 12- hydroxystearate soap thickener, extreme- pressure additives, and rust and oxidation inhibitors. It has good load- carrying capacity for protection against wear, good oxidation resistance for long service life, protects metal parts against rust and corrosion, and is resistant to water washout. It has good resistance to structural breakdown and will not soften excessively during high -speed operation in rolling - element bearings. It forms a good seal to help minimize bearing contamination. Dynafife L -EP is available in six grades to cover a wide range of applications and operating conditions. Applications • Plain and rolling - element bearings in compressors, fans, centrifugal pumps and other industrial equipment where operating temperatures and loads are moderate • Chassis parts, universal joints and water pumps on passenger cars, light trucks and other mobile equipment • Track rollers, commercial lawn mowers, crushers and vibrating screens (semifluid grades) • Underground mining machinery and other enclosed gearboxes where oil leakage is a problem (semifluid grades) • Wheel bearings of passenger cars equipped with drum brakes • Centralized grease lubrication systems • General- purpose shop /industrial grease FeaturesVftnefits • Multipurpose grease for use in a wide variety of applications • Good extreme- pressure and antiwear properties • Good shear stability • Good oxidation resistance and thermal stability • Protects against rust and corrosion • Resists water washout • Good low- temperature pumpability • Suitable for use in centralized tube systems Multipurpose Extreme - Pressure Lithium Grease Contact Information U.S. Customer Service: 1 -800- 822 -6457 Technical Hot Line: 1- 800 - 766 -0050 International Customer Service: +1- 832 -486 -3363 +1- 832 - 486 -3870 E -mail address: lubricanf 107 canocophillips. com Dynalife® L -EP Tvoical PraDerties NLGI Grade 000 00 0 1 2 3 Thickener Lithium Lithium Lithium Lithium Lithium Lithium Color Amber Amber Amber Amber Amber Amber Dropping Point °C — — 177 177 177 177 °F — — 350 350 350 350 Density, lbs /gal 7.44 7.44 7.44 7.44 7.44 7.44 Penetration Worked (60 strokes) ASTM D217 445 -475 400 -430 355 -385 310 -340 265 -295 220 -250 Texture Semifluid Semifluid Soft - Smooth Smooth Smooth Smooth Four -Ball EP ASTM D2596 Weld Load kqf 250 250 250 250 250 250 Four -Ball Wear, ASTM D2266, Scar Diameter, mm 0.60 0.45 0.45 0.45 0.45 0.45 Oxidation Stability, ASTM D942 100 hours Pressure Drop psi (kPa) — — — 5 (35) 5 (35) 5 (35) Rust Prevention, ASTM 01743 Pass Pass Pass Pass Pass Pass Timken OK Load ASTM D2509 Ib 40 40 40 40 40 40 Base Oil Properties: Viscosity (with polymer), cSt @ 40°C 195 195 195 195 195 195 cSt @ 100 °C 16.5 16.5 16.5 16.5 16.5 16.5 SUS @ 100 °C 1,000 1,000 1,000 1,000 1.000 1,000 SUS @ 210 °F 86 86 86 86 86 86 Viscosity Index 80 80 80 80 80 80 Usable Temperature Range, °C -21 to 107 -21 to 107 -18 to 121 -18 to 124 -18 to 143 -9 to 143 OF -5 to 225 -5 to 225 0 to 250 0 to 255 0 to 29015 to 290 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http• J /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright @ 2009 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ✓ CS &09 3829127 ConocoPhillips 04/09 Packet Page -1368- 3.E.4. MP Gear Lube 76° MP Gear Lube is a multipurpose, extrerne- pressure, Multipurpose API GL -5 automotive gear lubricant specifically designed for use Automotive Gear in passenger car and truck axles with hypoid gear sets. GL -5 or MT -1 gear oil Lubricant, MP Gear Lube is formulated to provide long service life and AN GL-5/MT-1 extended gear life in automotive differentials operating under 1- 888-766-7676 varying conditions of speed, load, temperature and torque. The carefully balanced formulation is designed to minimize oxidative Technical Hot Line: sludge and varnish formation, reduce wear, prevent scoring 1-800- 435 -7761 damage, and protect against metal fatigue and spalling damage International under shock -load conditions. Customer Service: Applications • Service fill of conventional differentials on passenger cars and trucks • Top -off only of limited -slip differentials on passenger cars and light trucks') • Service fill of differentials, final drives and transfer cases in some off- highway equipment • Non - synchronized manual transmissions in trucks, buses and Contact Information heavy equipment where the manufacturer specifies an API GL -5 or MT -1 gear oil U.S. Customer Service: (Vote; For complete drain and refill, many limited -sNp differentials may require 1- 888-766-7676 the manufacturer's specified gear lubricant or supplemental additive. Refer to the owner's manual for specific requirements. Technical Hot Line: MP Gear Lube meets or exceeds the requirements of: 1-800- 435 -7761 • API Service GL -5, MT -1 International • ArvinMeritor 076 -A (SAE 85W -140), 076 -a (SAE 8OW -90), Customer Service: 076 -E (SAE 75W -90) +1- 832 - 486 -3363 • Ford WSP- M2C197 -A (SAE 80W -90) +1- 832 -486 -3870 • Mack GO -J E -mail Address: • MIL- PRF -2105E 761u6ricantsC� • SAE J2360 conocophillips.com Features/Benefits • Excellent oxidation resistance and thermal stability to minimize sludge and varnish formation • Excellent thermal durability and extreme - pressure properties for extended gear life 6.E.4. • High load- carrying capacity for protection against scuffing and wear • Protects against rust and corrosion • Good foam resistance MP Gear Lube Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhiliips Company. The ConocoPhillips logo, 76 and the 76 logo are trademarks of ConocoPhiliips Company in the U.S.A. and other countries. CSB -09 3826721 ConocoPhillips 02/09 Packet Page -1370- 6.E.4. Typical Properties - SAE Grade 75W -90 8OW -90 85W -140 Specific Gravity @ 60 °F 0.877 0.880 _ 0.900 Density Ibs /gal Q 60 °F 7.31 7.34 7.50 Color, ASTM D1500 1.5 3.0 4.0 Flash Point (COC) °C (°F) 196 (385) 212 (414) 216 (421) Pour Point, °C (°F) -42 ( -44) -30(-22) -12(10) Viscosity Brookfield cP 00 -40 °C 146.500 — — cP 0 -26 °C — 128,000 — cP © -12 °C — — 61,500 Viscosity , Kinematic cSt @ 40 °C 104 137 324 cst @ 100 °C 14.9 14.3 24.6 Viscosity Index 150 101 97 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhiliips Company. The ConocoPhillips logo, 76 and the 76 logo are trademarks of ConocoPhiliips Company in the U.S.A. and other countries. CSB -09 3826721 ConocoPhillips 02/09 Packet Page -1370- 6.E.4. 16.E.4. Triton® Synthetic Gear Lube Triton Synthetic Gear Lube is a synthetic, multipurpose, Premium Synthetic extreme - pressure, API GL -5 automotive gear lubricant. It is Automotive specifically designed for use in passenger car and truck axles U.S. Customer with hypoid gear sets operating in extreme temperatures or Gear Lubricant, under severe driving conditions. APl`GL•5%MT =1 Triton Synthetic Gear Lube is formulated to provide long service life and extended gear life in automotive differentials operating under varying conditions of speed, load, temperature and torque. The carefully balanced formulation is designed to minimize oxidative sludge and varnish formation, reduce wear, prevent scoring damage, and protect against metal fatigue and spalling damage under shock -load conditions. The full- synthetic formulation provides enhanced oxidation resistance and thermal stability at high temperatures and better iow- temperature properties compared with conventional automotive gear oils, resulting in longer service intervals and better performance over a wider temperature range. Triton Synthetic Gear Lube meets or exceeds the requirements of: • APi Service GL -5, MT -1 • ArvinMeritor 076 -N (SAE 75W -90), 076 -B (SAE 80W -140) • Dana SHAES -256 Rev. C (SAE 75W -90), SHAES -429 (SAE 80W -140) Contact, I nformation Triton Synthetic Gear Lube is fully approved for 500,000 -mile drain intervals in heavy -duty axles under ArvinMeritor, Dana U.S. Customer (SAE 75W -90) or Eaton Roadranger® extended warranties. Service: Applications 1- 800 - 822 -6457 • Service fill of conventional differentials on passenger cars and Technical Hot Line: trucks 1 -800- 766 -0050 • Top -off only of limited -slip differentials on passenger cars and light trucks "' Intemational • Service fill of differentials, final drives and transfer cases in Customer Service: some off - highway equipment +1- 832 - 486 -3363 • Non - synchronized manual transmissions in trucks, buses and +1- 832 -486 -3870 heavy equipment where the manufacturer specifies an API GL -5 or MT -1 gear oil E -mail address: 0 Note: For complete drain and refill, many limited -slip differentials may require lubricants@ conucophillips.com the manufacturer's specified gear lubricant or supplemental additive. Refer to the owner's manual for specific requirements. Triton Synthetic Gear Lube meets or exceeds the requirements of: • APi Service GL -5, MT -1 • ArvinMeritor 076 -N (SAE 75W -90), 076 -B (SAE 80W -140) • Dana SHAES -256 Rev. C (SAE 75W -90), SHAES -429 (SAE 80W -140) • Eaton Roadranger•' E50OTM (formerly PS -163) • International TMS 6816 • Mack GO -J Plus (SAE 75W -90), GO -J (SAE 80W -140) • MIL- PRF -2105E • SAE J2360 FeatureslBenefits • Extended drain, all- season performance • Outstanding oxidation resistance and thermal stability to minimize sludge and varnish formation • Excellent thermal durability and extreme - pressure properties for extended gear life • High load- carrying capacity for protection against scuffing and wear • High shear stability • Outstanding low- temperature properties • Protects against rust and corrosion • Good foam resistance • Potential fuel economy savings compared with conventional SAE 8OW -90 or SAE 85W -140 gear oils TritonO Synthetic Gear Lube Typical Properties SAE Grade 75W-90 8OW -140 Specific Gravity @ 60 °F 0.890 0.902 Density, Ibs/gal @ 60 °F 7.42 7.52 Cnlnr. ASTM D1500 8.0 8.0 Flash Point COC °C °F 204 399 200 392 Pour Point °C ( °F) -46 (-51) -40(-40) Viscosity Brookfield cP @ -40 °C 1.25,000 — cP @ -26 °C — 75,000 Viscosity Kinematic cSt Q 40 °C 122 284 cst 03100 °C 16.6 30.6 viscosity Index 147 146 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINatMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright ® 2009 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ConocoPhillips a`� 02109 Packet Page -1372- 6.E.4. 16.E.4. Fleet Supreme ECO Engine Oil Fleet Supreme EC (Emission Compatible) is an API CJ -4 API CJ-4 Diesel universal fleet engine oil developed for use in four - stroke cycle Engine Oil For diesel engines designed to meet 2007 on- highway exhaust U.S. Customer emission standards. It is specially formulated to protect exhaust Low - Emission aftertreatment devices such as diesel particulate filters (DPFs) Engines and diesel oxidation catalysts (DOCs). It also is backward E -mail address: serviceable for use in pre -2007 diesel engines where Technical Hot Line: API CI -4 PLUS, CI -4, CH -4 or CG -4 oils are specified. 1- 877 - 445 -9198 Fleet Supreme EC is designed for use in mixed fleets with both on- highway and off -road equipment operating in varying climates and under varying loads and service conditions. It has excellent soot dispersancy to protect against soot - induced oil thickening and abrasive wear, and excellent oxidation resistance to help minimize deposit formation. The low -ash formulation is designed for compatibility with all exhaust emission control systems in modern diesel engines, and to help prolong DPF life. Fleet Supreme EC meets or exceeds the requirements of API Contact information Service Categories CJ -4, CI -4, CH -4, CG-4 and SM. It is Service: Customer Service: approved under the latest OEM specifications from Caterpillar, U.S. Customer Cummins, Detroit Diesel, Mack, Mercedes and Volvo for use in Service: their 2007 low- emissions engines. It is formulated for use in 1- 800- 822 -5457 diesel engines operating on diesel fuels with sulfur content up to E -mail address: 500 ppm. However, for applications not using Ultra -Low Sulfur Technical Hot Line: Diesel (ULSD), consult the engine manufacturer for 1- 877 - 445 -9198 recommended service interval. Applications International International Service: Customer Service: • On- highway diesel trucks equipped with exhaust aftertreatment devices, such as diesel particulate filters and +1- 832 -485 -3870 oxidation catalysts • Diesel engines equipped with EGR, ACERT or other E -mail address: emissions control technologies lubricants@ • Older diesel equipment with conventional, non -EGR engines conocophillips.com • Off - highway construction, earth moving and mining equipment • Mixed fleets with diesel and gasoline - fueled vehicles Fleet Supreme EC meets or exceeds the requirements of: • API Service CJ -4, CI -4, CH -4, CG -4, SM • API CI -4 PLUS (SAE 15W -40) • ACEA E7 -04, E5 -02, E3 -96 (SAE 15W -40) • Caterpillar ECF -3, ECF -2, ECF -1a • Cummins CES 20081 • Detroit Diesel Power Guard 93K218 (SAE 15W -40), Power Guard 93K214 (SAE 15W -40), 7SE270 (4- stroke cycle engines) • International (Navistar) diesel engines • Mack EO -O Premium Plus (SAE 15W -40), EO -M Plus (both grades) • Mercedes -Benz Sheet 228.31 (SAE 15W -40) • MTU MTL 5044 Type 2.1 (SAE 15W -40) • Volvo VDS -4, VDS -3, VDS -2 (SAE 15W -40) FeaturesMenefits • Excellent protection for new 2007 emissions - compliant engines and older diesel engines • Specially formulated to protect exhaust aftertreatment devices • Protects against particulate filter plugging • Excellent soot control for protection against abrasive wear and soot - induced oil thickening • Excellent resistance to viscosity and thermal breakdown at high temperatures • Protects against sludge and varnish formation • Protects against wear • Protects against rust and bearing corrosion • Good resistance to foaming and aeration Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhillips Company. The ConocoPhiliips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of Con000Phillips Company in the U.S.A. and other countries. ✓ CSB -09 4218644 ConocoPhillips,& 11/09 i „hnnants Packet Page -1374- 3.E.4. Fleet Supreme EC® Engine Oil Unical Prouerties SAE Grade 1OW -30 15W -40 Specific Gravity @ 60 °F 0.872 0.880 Density, ibs /gal @ 60 °F 7.26 7.33 Color, ASTM D1500 4.0 4.0 Flash Point (COC), °C (°F) 227 (441) 227 (441) Pour Point, °C ( °F) -45 ( -49) -38(-36) Viscosity, Kinematic cSt @ 40 °C 80.0 114 cSt @ 100 °C 12.0 15.2 Viscosity Index 146 137 Cold Cranking Viscosity, cP 6,200 6,500 @ ( °C) ( -25) ( -20) High -Temp /High -Shear Viscosity, cP @ 150 °C 3.6 4.3 Sulfated Ash, ASTM D874, wt % 0.97 0.97 Total Base Number (TBN). ASTM D2896 8.4 8.4 Zinc. wt % 0.121 0.121 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via http:/ /w3.conocophillips.comINetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. CSB -09 4218644 ConocoRhiliipsa 11/09 Lubricants Packet Page -1375- S.E.4. Milo 441NI, _—Em.• ' _ _ PNILt1PS low 40W low 40W AV Now 41P dw W Super ATF 10/9/2012 Item 16.E.4. conoco� is. Super ATF is a high - quality transmission fluid recommended for use in most GM and many Ford automatic transmissions in 2005 and earlier model -year vehicles that are no longer under warranty. Super ATF is formulated to provide the proper frictional characteristics for smooth, quiet shifting in electronically controlled automatic transmissions. It has excellent oxidation resistance for long fluid life, excellent low- temperature properties, protects against wear and helps minimize the formation of sludge and varnish. Applications • GM and Ford automatic transmissions in 2005 and earlier model -year vehicles that are no longer under warranty, and do not require a MERCON ®SP, MERCONIIV, Type F, Type T -IV or CVT fluid • Import vehicles where DEXRONkIII (obsolete) or an earlier - generation DEXRON® fluid (obsolete) is specified • Allison heavy -duty off - highway automatic transmission that require a C -4 fluid • Hydraulic systems on industrial and mobile equipment operating over a wide temperature range Transmission Fluid For Older GM & Ford Automatic Transmissions Contact information U.S. Customer Service: 1 -800 -822 -6457 Note: Super ATF is not recommended for use in automatic transmissions that require a GM DEXROM -Vl or Ford MERCON'V fluid for warranty coverage, or in Technical Hot Line: continuously variable transmissions (CVTs). 1 -877- 445 -9198 Features/Benefits • Proper frictional properties for smooth shifting and excellent anti- shudder performance • Excellent thermal stability and oxidation resistance for long fluid life • Excellent low- temperature properties • Protects against wear • Minimizes sludge and varnish deposits • Protects against rust and corrosion • Good seal compatibility • Suitable for both automotive and industrial applications International Customer Service: +1- 832. 486 -3363 E -mail address: lubricants@ mnocophillips. com WIN, '4111111111111" qViNk, � ♦��;:.s�����+� PHILLIPS NEW 41M qb dw low aw Swer ATF Twical Properties 10/9/2012 Item 16.E.4. Conoco 76 Specific Gravity @ 60 °F 0.856 Density, Ibs/gal @ 60 °F 7.13 Color Visual Red Flash Point (COC), °C ( °F) 220 (428) Pour Point, °G ( °F) < -40 (< -40) Viscosity, Brookfield cP @ -40 °C 16,300 Viscosity, Kinematic cSt 0 40 °C 32.5 cst 0 100 °C 7.0 Viscosity Index 185 Zinc. wt % <0.003 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via httpJ/ w3.conocophillips.coml7VetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright ® 2010 ConocoPhillips Company. The ConocoPhillips logo, Conoco, the Conoco logo, Phillips 66, the Phillips 66 logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ConocoPhillips 09/10 Lubricants Packet Page -1377- 16.E.4. Triton® Heavy Duty AN 76® Triton Heavy Duty ATF is a full- synthetic, heavy -duty automatic transmission fluid designed for use in truck and bus transmissions operating under severe service conditions or in extended drain intervals. It is specially formulated to meet the performance requirements of the Allison TIES -295 specification for extended drain use in severe -duty applications. It has excellent shear stability and high load- carrying ability to protect against viscosity breakdown and wear, excellent oxidation resistance and thermal stability to minimize the formation of sludge and varnish, and excellent friction durability to ensure smooth shifting and proper transmission performance for the life of the fluid. It also has outstanding low- temperature properties for year -round use, and protects against rust and corrosion. Triton Heavy Duty ATF can provide extended drains up to four times the normal interval for a conventional all- mineral automatic transmission fluid. It was field tested for over 100,000 miles in a fleet of city transit buses operating in severe stop - and -go service. During this test, it provided outstanding protection against wear, glazing and sludge and deposit formation, while maintaining excellent shift quality throughout the duration of the field test. Applications Triton Heavy Duty ATF is recommended for service fill in Allison, Voith, ZF and other heavy -duty automatic transmissions where an Allison C -4 or Allison TES -295 fluid is specified. It is particularly recommended for use in extended drain or severe -duty applications, such as intracity transit bus fleets, intercity tour coaches, school bus fleets, emergency vehicles, recreational vehicles, refuse fleets and commercial utility vehicles. Triton Heavy Duty ATF meets or exceeds the requirements of: - Allison C -4, TES -295 • GM automatic transmissions (except those that require DEXRON® -VI ATF) • Voith DIWA Transmissions • ZF Ecomat Transmissions Synthetic Heavy -Duty, Extended Drain Automatic Transmission. Fluid Contact Information U.S. Customer Service: 1- 888 - 765 -7676 Technical Hot Line: 1 -800- 435 -7761 International Customer Service: +1 -832- 486 -3363 +1 -832- 486 =3870 E -mail Address: 76tubricants@ conocophillips.com Features/Benefits • Excellent friction durability for smooth shifting throughout the service interval • Outstanding oxidation resistance and thermal stability for long fluid life • Protects against sludge and varnish formation • Protects against wear • High shear stability • Protects against rust and corrosion • Outstanding low- temperature properties for easier shifting in cold weather • Good seal compatibility • Good foam resistance Triton® Heavy Duty ATF Tvaical Properties Specific Gravity @ 60 °F 0.846 Density, Ibs /gal @ 60 °F 7.05 Color, Visual Red Flash Point (COC), °C ( °F) 230 (446) Pour Point, °C (°F) -55(-67) Viscosity, Brookfield cP @ -40°C 7,000 Viscosity, Kinematic cSt @ 40 °C _ 34.0 cst @ 100°C 7.4 Viscosity Index 190 Zinc, wt % <0.003 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via httpl lw3.conocophillips.com/NetMSDS. Typical properties are average values only and do not constitute a specification. Minor variations that do not affect product performance are to be expected during normal manufacture, and at different blending locations. Product formulations are subject to change without notification. Copyright © 2009 ConocoPhillips Company. The ConocoPhillips logo, 76 and the 76 logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. ConocoPhillips GS 03,09 Packet Page -1379- 6.E.4. 4 Shell Tellus° Oils T 10/9/2012 Item 16.E.4. Technical Data Sheet Nigh performance hydraulic oils for wide temperature ranges Shell Tellus Oils T are premium quality hydraulic oils formulated with proprietary anti -wear technology and a shear stable viscosity index improver to enhance and maintain excellent viscosity/ temperature characteristics. These oils are designed to meet the requirements of a large range of industrial and mobile hydraulic applications. Applications • Hydraulic and fluid power transmission systems subjected to wide variations in temperature or where low viscosity change with fluctuating temperature is required. Certain critical bvdraulic systems can only tolerate small variations, in viscosity with fluctuating temperature if efficiency and responsiveness are to be maintained. Iydraubc oils, such as Shell Tellus Oil T, which exhibit multigrade viscosity characteristics may be used to particular advantage in these circumstances. If even further limited viscosity variations are requited Shell Tcllus Oils S'I'X should be considered. Performance Features and Benefits • Wide operating temperature range The use of a specially selected viscosity index improver reduces the viscosity variation with temperature, which helps the system to operate in a wide oil temperature range with more consistent performance. 'There are various reasons for oil temperature variation in service like. en monment (ambient) temperature variation, intermediate working condition or variable workload. • Viscometric characteristics unchanged with time -['he excellent shear stability of the viscosity index improver helps minimize permanent viscosity loss allowing the oil to the oil to maintain its original viscometric characteristics at high temperatures. This helps pievent the loss of system efficiency and inadequate protection at the maximum operating temperature. Shelf bk:icm% • Outstanding anti -wear performance Next generation anti-wear additives are incorporated into the formulation to he effective thrmighotut thr range of operating conditions, including low and severe load conditions Shell Tellus Oils '1" exhibit outstanding performance in a range of piston and vane pump tests; including the newest Denison T61i (the so called hybrid pumpi, the tough Denison TGC (dry and wet vetsions) and the demanding Vickers 35VQ25. • Hydrolytic stability Shell Tellus Oils T demonstrate good chemical stability in the presence of moisture, which helps promote tong oil life and reduce the risk of corrosion and rusting. • Excellent filterability Shell Tdlus Oils T are suitable for ultra -fine filtration, an essential requirement in today's hydraulic symins. Shell Tellus Oils T are virtually unaffected by minor contamination with water and ealeieun, which arc known to cause blockage of fine fiitet.• Customers can use finer filters, which helps achieve alt the bencErs of using cleaner fluids. • Oxidation resistant Shell Tellus Oils T resist oxidation in the presence of au, water and copper. These oils exhibit low increase in acidity, low sludge formation, and low copper loss therefore helping to maintain expected oil drain intervals and minimize maintenance Costs. • Thermal stability Shell Tcllus Oils T are thermally stable in modern hcdrauLc systems working in extreme conditions of load and temperature. Shell Tchus Oils 7' are highly resistant to degradation and sludge formation therefore helping To improve sysrcm reliability, and cleanliness. Page l of 4 Packet Page -1380- Oa -l4 /200. • Excellent air release and anti -foam properties Careful use of additives provides quick air release without excessive foaming. Quick air release helps minimize cavitation and slows oxidation, helping to maintain system and fluid performance. • Good water separation Shell Tcllus Oils T exhibit good water separation properties (demulsibility) thereby resisting the formation of water -in -oil emulsions and helping to prevent consequent hydraulic system and pump damage. Specifications and Approvals Shell Tcllus Oils T have the following approvals: CINCINNATI P -68 (ISO 32) CINCINNATI P -70 (ISO 46) CINCINNATI P -69 (ISO 68) DLNISON HF -0 D13NISON 1-117-1 DENISON 14F -2 l aton (Vickers) M -2950 S Eaton (Vickers) 1-286 S Shcll Tellus Oils T meet the requirements ofr Swedish Standard SS 15 54 34 AM Typical Physical Characteristics 10/9/2012 Item 16.E.4. ISO 11158 AFNOR NF -E 48 -603 Compatibility (shell Tellus Oils "T are compatible with most pumps.) However, please consult your Shell Representative before using in pumps containing silver plated components. Seal & Paint Compatibility Shell Tellus Oils T are compatible with seal materials and paints normally specified for use with mineral oils. Health & Safety For information on the safe handling and use of this product, refer to its Material Safety Data Shect at http: / /www .shell- Iubricants.COM /msd6 /. if you arc a Shell Distributor, please call 1 +800 -468 -6457 for all of your service needs. All other customers, please call 1 +800 -840 -5737 for all of your service needs. Information is also available on the World Wide Wet): bqp: /k ww.shell-lubricants.com /. Protect the environment Take used oil to an authorized collection point. Do not dischatgc into drains, soil or water. Shell Tellus Oil T 15 22 32 Product Code Bulk Drums Pails 6540700001 6540700055 6540705203 6540000001 6540000055 6540005203 6540100001 6540100055 6540105203 Appearance Light Pale Light Pale Pale Kinematic Viscosity (ASTM D 445) cSt (n1, 40 °C c5t @ 100 °C 15 3.7 22 4.8 32 6.1 Viscosity Index (ASTNI D 2270) 140 140 140 Emulsion Test, 130 °F (ASTNI D 1401) Sc aration time, 30 minutes max Pass Pass Pass Copper Corrosion (ASTM D 130) la to la Rust Test (ASTNI D 665B) Pass Pass Pass Pour Point, °C (ASTM D 5969) -42 42 -39 Dielectric Strength, kV* (ASTM D 877) 35 min 35 min 35111111 ' Can product to sealed containers trom Shell blending plants only. ShcU Lubricants Page -2 of 4 8/14/2006 Packet Page -1381- 10/9/2012 Item 16.E.4. Shell Tellus Oil T 46 68 100 Product Code Bulk Drums Pails 6540200001 6540200055 6540205203 6540300001 6540300055 6540305203 6540400001 6540400055 - - -- Appearance Pale Pale Dark Pale Kinematic Viscosity (ASTM D 445) cSt @, 40 °C cSt h 100"C 46 7.9 68 10.5 100 14.0 Viscosity Index (ASTM D 2270) 140 140 140 Emulsion Test, 130 °F (AS NI D 1401) Separation time, 30 minutes max Pass Pass Pass @ 180 7, Copper Corrosion (ASTM D 130) 1a la la Rust Test (ASTM D 665B) Pass Pass Pass Pour Point, °C (ASTM D 5969) -39 -30 -33 Dielectric Srrength, kV* (ASTM D 877) 35 min 35 min ----- * On product in scaled containers from Shell blending plants only. Shell Lubricants Page 3 of 4 8/14/2000 Packet Page -1382- 10/9/2012 Item 16.E.4. Viscosity - Temi3erature - Diagram Oil 9 In f%3 100 00 80 76 60 N 40 30 20 10 D 11milsillwil!1 1jls!lj1l!+1!1l!11lj1l;sj1l!! 0 10 20 30 40 50 90 70 40 90 100 ON A In 1%j 500.000 200.000 100.000 50.000 10.000 Lol In I m�MM� 5.000 1.000 500EIRCROMM N 300 C\j 200 E E 10 MIN 9 >I "IL N 50 's, Acow, 76 0 0 4 W 3 M E a) 2. .20 -15 -10 -5 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 110 120 Temperature ['C] S OheU Lubricants Page 4 of 4 9/14/2006 Packet Page -1383- Packet Page -1383- 10/01/2012 13:59 2397755655 COMBS OIL COMPANY collier county twu 101117- lz tz :ai :xcs V19 rAUZ 61UVJ z� N 2 n ca N c Q fR O 0 v 0 cA ro O u c rn a� fD 0 rt w cu x t3 CD vn ' + � h O 1 CM A3 0 F, AF � ro :* as r d LA c ro m M D w u, ry o ro © oa m 'a E a.,,, d � a a o m c� M x c4 C rn PAGE 03/03 rz 10/9/2012 Item 16.E.4. A n SL a m G, p to Q S a m Y n o 4 rt � s © p N +� Fes+ Z% N M 1�1 Q a � v � w w w lb m w w m 4 pA w A +r R Q 0 0 w 4 0 IQ lJ L urn O O d © ' a N yam! N N X a a � rn 0 a1 a O � 00 00 tD CS tD PAGE 03/03 rz 10/9/2012 Item 16.E.4. Packet Page -1384- � µ O !^ fir. o � o w d � .es ir► �c A SL p to Q m Y o 4 © p p Fes+ Z% N M 1�1 O w w m pA w A Packet Page -1384- � µ O !^ fir. o � o w d � .es ir► �c ------------ DEPARTMENT OF MANAGEMENT DEPARTMENT Governor Charlie Cris CERTIFICATION OF CONTRACT TITLE: Bulk Fuel, Gasoline and Diesel CONTRACT NO.: 405 - 000 -10 -1 ITB NO.: 21- 405 -000 -X EFFECTIVE: July 1, 2009 through June 30, 2014 CONTRACTOR(S): American Homegrown Fuel Corporation (A) Eli Roberts and Sons, Inc. (A) G. W. Hunter, Inc. (A) Jim Hinton Oil Company, Inc. J. V. Gander Distributors, Inc. (A) L. V. Hiers. Inc. (M) Macmillan Oil Company. (0) Mansfield Oil Company LLC. (A) Petroleum Traders Corporation (A) Port Consolidated, Inc. (A) SMF Energy Corporation (A) Terrell Industries, Inc. (H) 10/9/2012 Item 16.E.4. Qivis €on of Stare Pu�-criasinc 4050 Es„ farade',/VaI: Su ;e 360 Tallahassee, Florida 32399 -0950 lei: 850.488.8440 Fax 850.,14 -6122 www.drns.KyFlonda.com v Secretary Linda H. South A. AUTHORITY — Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT — This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline and Diesel by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS — All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) We serve those who serve Florida. Packet Page -1385- 10/9/2012 Item 16.E.4. D. CONTRACTOR PERFORMANCE — Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS — Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) DSP /cw Attachments I• Packet Page -1386- 10/9/2012 Item 16.E.4. CONTRACT ADMINISTRATOR NAME: Mina Barekat TELEPHONE: (850) 488 -1985 E -MAIL: mina .barekat(a- )dms.mvflorida.com 3 Packet Page -1387- 10/9/2012 Item 16.E.4. TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)] 5.0 SPECIAL CONDITIONS 6.0 TECHNICAL SPECIFICATIONS 7.0 FORMS [The remainder of this page is intentionally left blank (other than footer information)] 4 Packet Page -1388- SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE 1.2 TIMELINE 10/9/2012 Item 16.E.4. [The remainder of this page is intentionally left blank (other than footer information)] 5 Packet Page -1389- 10/9/2012 Item 16.E.4. 1.1 Purpose and Scope The State of Florida ( "State "), Department of Management Services ( "Department "), invites interested vendors, including suppliers of Bulk Fuel, Gasoline and Diesel, to submit responses in accordance with these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for the acquisition of Bulk Fuel, Gasoline and Diesel. By submitting a response, each bidder certifies that it satisfies the following criteria, in addition to any other specified in the solicitation documents. The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, and to end June 30, 2014, with potential options to renew per Chapter 287, Florida Statutes. 1.2 Timeline (REVISED 5/29/2009) Event, Event Date Issue solicitation within MyFloridaMarketPlace Sourcing Tool (Provide notice within Vendor Bid System). May 12, 2009 MyFloridaMarketPlace (MFMP) training (not mandatory) 10:00 — 11:30 conference call May 19, 2009 Questions from Respondents due via Q &A Board within MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm ET). May 21, 2009 Post answers to vendor requests for approved equivalents and questions within MyFloridaMarketPlace Sourcing Tool and Vendor Bid System. REVISED June 1, 2009 Solicitation responses due within MyFloridaMarketPlace Sourcing Tool (Some documents in hard copy) (No later than 4:00 pm ET). REVISED June 5, 2009 Post Notice of Intended Award within Vendor Bid System (Per Section 2.13, Electronic Posting of Notice of Intended Award). REVISED June 16, 2009 Contract award. Per Section 2.17, Contract Formation DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timeiy submittal of your Response. [The remainder of this page is intentionally left blank (other than footer information)] M. Packet Page -1390- 10/9/2012 Item 16.E.4. Section 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS fPUR1001 (10/06)1 CONTENTS: 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 2.11 PERFORMANCE QUALIFICATIONS. 2.12 PUBLIC OPENING. 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD, 2.14 FIRM RESPONSE. 2.15 CLARIFICATIONS /REVISIONS. 2.16 MINOR IRREGULARITIES /RIGHT TO REJECT. 2.17 CONTRACT FORMATION. 2.18 CONTRACT OVERLAP. 2.19 PUBLIC RECORDS. 2.20 PROTESTS. 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD. [The remainder of this page is intentionally left blank (other than footer information)] N Packet Page -1391- 10/9/2012 Item 16.E.4. 2.1 Definitions. The definitions found in s. 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of-critical dates and actions included in the Introductory Materials. 2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: An electronic signature on the response, generally, An electronic signature on any form or section specifically calling for a signature, and An affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q &A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5 %) or more in the respondent or its affiliates. 8 Packet Page -1392- 10/9/2012 Item 16.E.4. 2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; f , • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, ..;. subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or 6 Packet Page -1393- 10/9/2012 Item 16.E.4. a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three -year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1) (b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation UK Packet Page -1394- 10/9/2012 Item 16.E.4. opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955 -8771 (TDD). 2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at,,,,,,,, http: / /fcn.state.fl.us /owa vbs /owa /vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15 Clarifications /Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.16 Minor Irregularities /Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response orb for any work performed before the Contract is effective. tr 2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28 -110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28- 110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy -two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Packet Page -1395- 10/9/2012 Item 16.E.4. Section 28- 110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21 Limitation on Vendor Contact with Agency during Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 12 Packet Page -1396- 10/9/2012 Item 16.E.4. Section 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS: 3.1 CONTACT PERSON 3.2 TERMS AND CONDITIONS 3.3 DEFINITIONS 3.4 WHO MAY RESPOND 3.5 MYFLORI DAMARKETP LACE SOLICITATION OVERVIEW 3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS 3.7 ESTIMATED QUANTITIES 3.8 SUBMITTAL OF RESPONSE 3.9 EVALUATION CRITERIA 3.10 BASIS FOR AWARD 3.11 STATE OBJECTIVES 3.12 LOBBYING [The remainder of this page is intentionally left blank (other than footer information)] 13 Packet Page -1397- 10/9/2012 Item 16.E.4. 3.1 Contact Person: Refer ALL Inquiries to: David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399 -0950 (850) 921 -4072 (voice) (850)414 -6122 (facsimile) David. Ben nett(d,)d ms. myflorida.com Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q &A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in the solicitation document, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866- FLA -EPRO (866- 352 -3776) or vendorhelp (a-)myfloridamarketplace.com. 3.2 Terms and Conditions Potential Respondents are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Section 1.0, Introduction • Section 6.0, Technical Specifications • Section 5.0, Special Conditions • Section 4.0, General Contract Conditions [PUR 1000. (10/06)] • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] • Section 7.0, Price Sheet and Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions. 3.3 Definitions The Definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)], Section 4. 1, shall apply to this Section. The following additional terms are also defined: (a) "State" means the State of Florida. (b) "Department" means the Florida Department of Management Services. (c) "Procurement Officer ", "Contract Manager ", or "Contract Administrator" means the Buyer's contracting personnel, as identified in Section 3.1 or as amended by the Department. 14 Packet Page -1398- 10/9/2012 Item 16.E.4. (d) "Eligible User" is defined in 60A- 1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical. presence within the State of Florida; � 2. Any independent, non - profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042(12)F.S. Law Implemented 287.012 (12) F.S. History— New 8- 24 -04. Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. (e) "Vendor(s)" means the entity that believes itself capable and is in the business of providing a Commodity and / or contractual service similar to those within the solicitation, and may or may not respond to the solicitation. (f) "Contractor(s)" means the Respondent that has been awarded and contracts to sell Commodities and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. (g) "Dealer(s)" or "Certified Representative(s)" means a representative authorized to market, sell, and service specific Commodities such as gasoline and diesel. (h) "Commodity(ies)" means a tangible good, which may or may not meet the specifications herein. (i) "Commodity Code(s)" means the State of Florida specified numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. 3.4 Who May Respond The Department will accept Responses from capable suppliers, who are in good r standing with the State of Florida, satisfying the requirements, specifications, terms, and conditions of the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated capability to perform a Contract in the State of Florida. Full- service office with business hours of 8:00 A.M. E.S.T. to 5:00 P.M. E.S.T. weekdays (minimum) and with staff capable of handling inquiries and orders on- location during those business hours (including lunch hour). By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and / or documentation. Failure to Supply supporting information and / or documentation as required and / or requested will result in disqualification of the Response. 3.5 MyFloridaMarketPlace Solicitation Overview _The Department uses the MyFloridaMarketPlace System ( "MFMP ") to receive Responses to solicitations electronically. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https: // vendor .myfloridamarketplace.com /. If you have not registered, please be advised that a minimum of forty -eight (48) hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who wish to submit a Response. 15 Packet Page -1399- 10/9/2012 Item 16.E.4. 3.5.2 3.5.2 MvFloridaMarketPlace Sourcing Tool Traininq This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at: http:// sourcing .mvfloridamarketplace.com /. Optional training on how to respond to this solicitation electronically is offered at: http : / /marketplace.mvflorida.com /vendor /vendor solicitation help:htm. Download and review the document titled "ITB Event User Guide." For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866- FLA -EPRO (866- 352 -3776) or: vendorhelp (a-)-myfloridamarketplace.com. For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http: / /marketplace.myflorida.com /vendor /vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. On Demand web -based Sourcing training link c. WinZip FAQs d. Vendor FAQs 3.5.3 MFMP Sourcinq Tool Training for Respondents An optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITB is scheduled on the date indicated on the Timeline at 10:OOAM EST. The Conference Call number is (888) 808- 6959. Conference Code 9214072. Please go to: http: / /dms.myflorida.com /business operations /state purchasing /myflorida marketplace /mfmo v endors /vendor toolkit/mfmp sourcing solicitations and review the vendor training link and download the document titled Contractor Training_ITB.ppt. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. No questions regarding the scope and specifications of this solicitation will be answered on this conference call! Additionally, an On- Demand web -based interactive training application to learn how to respond to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another opportunity to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot attend the Optional training conference call or want additional guidance. The link is http: / /marketpIace.myfiorida.com /vendor /vendor training.htm click on Responding to Sourcing Event. 3.5.4 MvFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing Tool, be aware of the twenty (20) minute time -out function in the Tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation Responses. The SAVE button does not transmit your solicitation Response to the State. In order to transmit your solicitation Response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation Response. OR Packet Page -1400- 10/9/2012 Item 16.E.4. After clicking the SUBMIT button, it is.the Respondent's responsibility to check any submitted Response within the Sourcing Tool to verify that the Response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the solicitation period in the event you discover an error and need to resubmit a revised Response. To validate your Response, you should do the following before the solicitation period ends: • Go to the "My Bids / My Responses" tab within the Sourcing Tool after you submitted your Response. • Click on the Response ID number of your last submitted Response. • Review entire Response to make sure all responses are complete, accurate, and as you intended to submit. • Minimum areas to check are: • Text boxes — Is your entire answer viewable? • Yes /No questions — Is the displayed answer correct? • All uploaded document files — Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your Response within the Tool (e.g., not an earlier version, incomplete copy, or working copy)? • Pricing and Other Information — Are all Prices and other information you intended to submit visible and accurately captured within Sourcing Tool? • Required Items - Are all items listed in the solicitation completed as required within the Sourcing Tool? DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongiy recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal: waiting until the last hours of the solicitation could impact the timely submittal of your Response. 3.5.5 MvFloridaMarketPlace and Vendor Bid System Email Notification Vendors are reminded that the Sourcing Tools' Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment, or close of solicitations. Vendors are responsible for checking the MvFloridaMarketPlace Sourcing Tool and the Vendor Bid Svstem for information and updates concerning solicitations. 3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within MyFloridaMarketPlace and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or changing information concerning the solicitation. 17 Packet Page -1401- '10/9/2012 Item 16.E.4. 3.7 Estimated Quantities To assist Respondents in the solicitation process, average estimated annual historical spend information is provided. Spend information is based on FY 07/08 data. This figure shall not be construed as commitments. • Estimated Annual Usage: 10 million -gallons The above figure reflects estimated annual spend generated by Eligible Users of past contracts for similar Commodities and / or contractual services and is not a commitment. Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and / or scoring Responses to the solicitation and shall not be construed as commitments. 3.8 Submittal of Response 3.8.1 Submittal of Offer_ Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool (https:// sourcing .myfloridamarketplace.com /). The Response shall include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question responses, and information responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for award. Previous Responses will not be visible to the State of Florida. Responses not submitted within the MyFloridaMarketPlace Sourcing Tool shall be rejected. The System will require Respondents to review the Solicitation Preparation Checklist (Section 7.1) and confirm that they have completed all required activities before receiving the offer. The Solicitation Preparation Checklist does not relieve the.Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response. Each Respondent is responsible for ensuring that their offer is accurately and completely submitted before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers after the Solicitation Responses Due Date and Time specified in the Timeline. The Response must be accurate, complete and submitted in the MyFloridaMarketPlace Sourcing Tool, or as otherwise provided in the solicitation documents, by the date and time specified on the Timeline or the Response shall be deemed non - responsive. 3.8.2 Price Sheet Responses will be submitted in Pricing Section in the Sourcing Tool Sheet 3.8.3 Savings / Price Reductions Respondent shall submit one (1) accurately completed Savings / Price Reductions form (Section 7.3) entered electronically in the MyFloridaMarketPlace Sourcing Tool with their Response containing the required savings information for each Commodity offered and a method(s) for the Department to verify the savings information provided. Failure to provide the Savings / Price Reductions form with the Response may result in the Respondent being deemed non- responsive. 3.8.4 Ordering Instructions Respondent shall submit one (1) completed Ordering Instructions Form (contained within Section 7.2, Price Sheet) with their Response identifying persons responsible for answering questions about the Response and administering the Contract, if awarded, and 18 Packet Page -1402- 10/9/2012 Item 16.E.4. shall provide information necessary for placing orders under the Contract, if awarded. The Ordering Instructions Form will be submitted with their response, to the Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the solicitation. Failure to provide the Ordering Instructions Form with the Response willow result in the Respondent being deemed non - responsive. -. i, 3.9 Evaluation Criteria The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non - responsive. Respondents whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non - responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. 3.10 Basis for Award The Department intends awards to one or more (not to exceed three) responsive low bidders on a county by county basis for each item number listed on the Price Sheets. 3.11 State Objectives_Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.11.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority -, women -, and service - disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority -, women -, and service- disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487 -0915. The State is dedicated to fostering the continued development and economic growth of small, minority -, women -, and service- disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority -, women -, and service- disabled veteran business enterprises participate in the State's procurement process as both Contractors and Sub - Contractors in this solicitation. Small, minority -, women -, and service- disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority -, women -, and service- disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service- Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http: / /dms.myfiorida.com /other programs /office of supplier diversity osd /. Quarterly Reports of revenue paid to certified W /MBE and certified SDVBE Contractors (agents or Sub - Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and N Packet Page -1403- 10/9/2012 Item 16.E.4. or handling of any hazardous waste generated by Contractor's company. Reference Rule 62- 730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.11.3 . Certification of Drug -Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, one preference shall be given to a response received from a Respondent that certifies it has implemented a drug -free workforce program. If applicable, Respondent shall certify that the Respondent has a drug -free workplace program using the Certification of Drug -Free Workplace form included in Section 7.6 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at hftp: / /www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http: / /www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.12 Lobbying Please reference Section 2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. [The remainder of this page is intentionally left blank (other than footer information)] 20 Packet Page -1404- SECTION 4.0 GENERAL CONTRACT CONDITIONS rPUR1000 (10/06)1 CONTENTS: 10/9/2012 Item 16.E.4. 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.7 INSPECTION AT CONTRACTOR'S SITE. 4.8 SAFETY STANDARDS. 4.9 AMERICANS WITH DISABILITIES ACT. 4.10 LITERATURE. 4.11 TRANSPORTATION AND DELIVERY. 4.12 INSTALLATION. 4.13 RISK OF Loss. 4.14 TRANSACTION FEE. 4.15 INVOICING AND PAYMENT. 4.16 TAXES. 4.17 GOVERNMENTAL RESTRICTIONS. 4.18 LOBBYING AND INTEGRITY. 4.19 INDEMNIFICATION. 4.20 LIMITATION OF LIABILITY. 4.21 SUSPENSION OF WORK. 4.22 TERMINATION FOR CONVENIENCE. 4.23 TERMINATION FOR CAUSE. 4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.25 CHANGES. 4.26 RENEWAL. 4.27 PURCHASE ORDER DURATION. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 ANTITRUST ASSIGNMENT. 4.31 DISPUTE RESOLUTION. 4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.33 SECURITY AND CONFIDENTIALITY. 4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS. 4.35 INSURANCE REQUIREMENTS. 4.36 WARRANTY OF AUTHORITY. 4.37 WARRANTY OF ABILITY TO PERFORM. 4.38 NOTICES. 4.39 LEASES AND INSTALLMENT PURCHASES. 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42 MODIFICATION OF TERMS. 4.43 COOPERATIVE PURCHASING. 4.44 WAIVER. 4.45 ANNUAL APPROPRIATIONS. 4.46 EXECUTION IN COUNTERPARTS. 4.47 SEVERABILITY. [The remainder of this page is intentionally left blank (other than footer information)] 21 Packet Page -1405- 10/9/2012 Item 16.E.4. 4.1 Definitions. The definitions contained in s. 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 22 Packet Page -1406- 10/9/2012 Item 16.E.4. (d) Trade -In. Customers may trade -in equipment when making purchases from the Contract. A trade -in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency < property custodian pursuant to Chapter 273, F.S. , (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. = t Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas- operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of 23 Packet Page -1407- 10/9/2012 Item 16.E.4. defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non - conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ( "System "). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0 %), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A- 1.006, F.A.C. 4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be 24 Packet Page -1408- 10/9/2012 Item 16.E.4. submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which AW govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413 -7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: httr): / /dlis. dos. state. fl. us / barm /cienschedules /gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, 25 Packet Page -1409- 10/9/2012 Item 16.E.4. provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non - infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back -up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors 3t any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises 26 Packet Page -1410- 10/9/2012 Item 16.E.4. from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products , were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or - to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products.that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. 27 Packet Page -1411- 10/9/2012 Item 16.E.4. Purchase orders for a one -time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Packet Page -1412- 10/9/2012 Item 16.E.4. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. AMW 4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non - compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. AOW 4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take allP: actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 29 Packet Page -1413- 10/9/2012 Item 16.E.4. 4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment - purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http: / /www.pridefl.com. 4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http: / /www.respectofflorida.org. 4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non - Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(x), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost - effective and in the best interest of the State. 30 Packet Page -1414- 10/9/2012 Item 16.E.4. 4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. AOW 4.45 Annual Appropriations. The State's' " "` performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. [The remainder of this page is intentionally left blank (other than footer information)] 31 Packet Page -1415- 10/9/2012 Item 16.E.4. SECTION 5.0 SPECIAL CONDITIONS CONTENTS: 5.1 DEFINITIONS 5.2 PERIOD OF AGREEMENT 5.3 CATALOG DATA 5.4 ORDERING INSTRUCTIONS INFORMATION 5.5 TRANSACTION FEE REPORTS 5.6 SALES SUMMARY 5.7 COMPLIANCE WITH LAWS [The remainder of this page is intentionally left blank (other than footer information)] 32 Packet Page -1416- 10/9/2012 Item 16.E.4. 5.1 Definitions The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section. 5.2 Period of Agreement The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17, and end June 30, 2014. This agreement has the option to renew in accordance with Section 287.057 (13), F.S. Renewal is contingent upon satisfactory performance by the Contractor and final approval by the Department. 5.3 Catalog Data The MyFloridaMarketPlace ( "MFMP ") third -party service provider is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the Service Provider (This format is generally Microsoft ExcelTM) Within ten (10) business days of written notice from the Service Provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor Name, Commodity Description (using complete Contract Price Sheet Description), unit of measure, and Contract Price. Contractor shall provide this information in the format required by the Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or Service Provider. With the Contractor's timely assistance, the Service Provider shall create and maintain web -based placement of the requested Contract information. 5.4 Ordering Instructions Information Completed Ordering Instructions shall be uploaded into Section 7.2, Ordering Instructions. The Ordering Instructions contained within Section 7.2, Ordering Instructions, will contain current information relevant to the acquisition of Commodities under the Contract. This information shall a ,: include, but not be limited to, the Contractor's name and identifying number with their contact information; the Contractor's Contract Representative with their contact information, the Contractor's Remit -To Address, and a list of Department maintained instructions to assist Eligible Users in placing orders under the Contract. The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing and received by the Contract Administrator no later than five (5) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change, or may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will best assist Eligible Users. 5.5 Transaction Fee Reports: The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http: / /dms.myflorida.com /mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessing (a)myfloridamarketp lace. corn or 866- FLA -EPRO (866 -352 -3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 5.6 Sales Summary Reports In addition to the MFMP Transaction Fee reporting requirements the following minimum data shall be reported by the Contractor to the Department on an annual Contract basis: 33 Packet Page -1417- 10/9/2012 Item 16.E.4. The report shall be in MS Excel (version 2003 or later) • Contractor's name Reporting period Format shall include columns for the following information: • State Agency Name or Eligible User Name 1. Type of fuel 2. Number of gallons 3. Total dollar value of purchases Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end of each Contract year may result in the Contractor being found in default and the subsequent cancellation of the Contract by State Purchasing. Contractor shall report to the Department its Contract - associated spend with both certified and non - certified minority business enterprises (CMBE and MBE's). Reports must include the period covered; the name, minority code, and Federal Employer Identification Number of each MBE utilized during the period; commodities and services provided by the (C)MBE; and the amount paid to each (C)MBE on behalf of each purchasing agency ordering under the terms of this Contract. Submission of Contract Sales Summaries is the responsibility of the Contractor, without prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature. 5.7 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non - exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A -1 of the Florida Administrative Code govern the Contract. By way of further non - exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] 34 Packet Page -1418- SECTION 6.0 TECHNICAL SPECIFICATIONS Contents 6.01 Definitions 6.02 Deliverables 6.03 Scope of Work. 6.04 Fuel Sites and Accessibility 6.05 Delivery of Fuel 6.06 Fault and Responsibility 6.07 Measurements 6.08 Fuel Terminals 6.09 Minimum Delivery 6.10 Prices 6.11 Markup 6.12 Allowable Charges 6.13 Invoicing and Payment 6.14 Maintenance 6.15 Taxes 6.16 DTN FastRacks 6.17 Fuel Permits 6.18 Schedule and Damages 6.19 Federal and State Standards 6.20 Specifications 10/9/2012 Item 16.E.4. 6.1 Definitions: The Parties agree that capitalized terms shall have the meaning ascribed below: "Biodiesel" shall mean an alternative Fuel consisting of an ultra low sulfur no. 2 diesel fuel and a z7 requested blend of soybean oil. "BQ- 90000" a cooperative and voluntary program for the accreditation of producers and marketers of biodiesel fuel created by the National Biodiesel Accreditation Program. "DTN FastRacks Averages" shall mean the fuel pricing service provided by the Data Transmission Network, an industry benchmark for pricing Fuel and other commodities. This Contract shall use the daily rack averages as established by the DTN FastRacks Averages. Fuel prices are listed for terminals by regions in reports called PAD Reports. The State of Florida uses terminals listed in the PAD 1 Report (DTN Fastracks). Fuel terminals are more particularly detailed in section 6.08. "Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall include unleaded E10 gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road, dyed diesel and biodiesel to be delivered to State and Customer facilities as defined in section 6.09. "Markup" shall mean the Contractor's price to cover all costs associated with providing Fuel to State and Customer facilities as more particularly detailed in section 6.10. Markup will mean both positive and negative numbers. Markups may differ based on where the Fuel is obtained according to the Fuel terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis. The Contractor shall assess no other fees associated with the delivery of Fuel except as more particularly detailed in section 6.12. 35 Packet Page -1419- 10/9/2012 Item 16.E.4. "Transport Delivery" shall mean a delivery by a transport truck with a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel and 7,200 gallons for a combination load of gasoline and diesel. 6.2 Deliverables: The Contractor shall deliver the following product, as more particularly detailed in sections 6.03 to 6.20. 6.3 Scope of Work: This Contract is to provide Fuel for the State and Customers in the State of Florida. The Department seeks to improve quality and efficiency of services delivered, improve Customer services and reduce cost. The Contractor must efficiently provide Fuel to meet the requirements of the Customer. The bidder must meet the following requirements: • Fuel will be available to all eligible Customers in the State of Florida. (It is anticipated that Customers will use approximately 10,000,000 gallons annually under the resulting Contract, if any.) • Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest terminal used to service the Customer's facility. Averages are posted in the DTN FastRacks report distributed each morning. Biodiesel costs will use the above plus the published Monday price for soybean oil in the Tuesday edition of the Wall Street Journal. Price is more particularly detailed in section 6.10. • Markups will be established for each type of Fuel for each county based on the minimum delivery requirements as detailed in section 6.09. Customer facilities, located in each county, will use the same Markups based on their requirements. Markup for Fuel shall be based on a price per gallon basis. • Fuel costs shall exclude any taxes and /or fees that the Customer is exempt from paying. All Fuel costs will include the DTN FastRacks Averages, the Contractor's Markup and all applicable taxes and /or petroleum associated fees allowed. Other service /delivery charges may apply as detailed in sections 6.10 and 6.12. • The invoice price shall reflect the actual date of delivery. 6.04. Fuel Sites and Accessibility: All Customer tanks shall be properly equipped to enable Contractor to safely deliver Fuel. The Contractor shall notify Customer of all situations that may be deemed unsafe. A Contractor may refuse to deliver Fuel to an unsafe Fuel site until the safety issue is resolved. A back haul charge may apply if a Contractor attempts to deliver Fuel and the Fuel site is deemed unsafe. The Customer shall be responsible for having proper equipment installed. Customer shall work with Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being fueled. Customer may be subject to an excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. These charges are listed in section 6.12. 6.05 Delivery of Fuel: Fuel is to be delivered to the Customer's tank(s) within 48 hours after telephone notification is received unless specified otherwise by the Customer. For new accounts, the Contractor will be allowed additional time to enter all required account information into their ordering /billing system to establish the new account. This time will be agreed upon by the Customer and the Contractor. The State prefers that vehicles equipped with meters make delivery. If non - metered vehicles are used, the driver shall leave a metered loading report from the terminal with the Customer. If temperature corrected billing is used, the loading report shall give all pertinent information. Customer may be subject to a service charge if request is for same day delivery. This charge is listed in section 6.12. Before unloading of Fuel begins, Customer personnel and Contractor personnel shall measure the Customer's tank(s) to receive Fuel and shall again measure the tank(s) after delivery. Customer may be subject to a back haul charge if the Customer orders more Fuel than the Customer's tank(s) can hold upon delivery and a portion of the Fuel ordered has to be returned. This charge is listed in section 6.12. 36 Packet Page -1420- 10/9/2012 Item 16.E.4. Scheduled delivery service is for delivery of Fuel by the Contractor to the Customer's tank(s) under the time frame as agreed upon by the Contractor and Customer. 6.06 Fault And Responsibility: The party at fault will be responsible for all direct costs incurred to correct a ; problem. Problems may include but not limited to misorders by Customer, Fuel spills, delivering wrong Fuel to Customer by Contractor, cross - fueling by Contractor at Customer's facility, etc. 6.07 Measurements: Customary measurements appearing in these specifications are not intended to preclude bids for commodities with metric measurements. 6.08 Fuel Terminals: Price will be determined using the DTN FastRacks Average price for the closest appropriate terminal, on the date of delivery to the Customer, regardless of when or where the Contractor actually obtained Fuel. The following terminals are used to refer to the DTN FastRacks Average prices: • Jacksonville • Miami • Orlando • Panama City • Pensacola • Tampa • Bainbridge, GA 6.09 Minimum Delivery: Minimum delivery on this Contract shall 8,000 gallons for a Transport Delivery for gasoline; 7,200 gallons for a Transport Delivery for diesel; and 7,200 gallons for a combination load Transport Delivery of gasoline and diesel. 6.10 Prices: Prices shall be submitted on Customer invoices as follows: Fuel Cost shall be determined by the date and county in which delivery of Fuel is made. Fuel cost shall include: o Gasoline and Diesel: Prices will be calculated using the following information: ■ DTN FastRacks Average daily price as determined by the closest appropriate terminal for Fuel. ■ Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. ■ All applicable Fuel taxes and /or petroleum associated fees as determined by the county in which delivery of Fuel is made. ■ All applicable delivery and /or service charges as allowed. Biodiesel: Biodiesel prices shall be determined by the date and county in which delivery of Fuel is made. Biodiesel prices will be calculated using the following information: ■ DTN FastRacks Averages daily price as determined by the closest appropriate terminal for Ultra Low Sulfur no. 2 diesel. This daily price will be used to calculate the diesel portion charged by the Contractor for Biodiesel. ■ The published Monday closing price for soybean oil, as printed in the Tuesday edition of the Wall Street Journal under "Fats and Oils" in the "Cash Prices" column. This weekly price will be used to calculate the bio portion of the total charged by the Contractor for Biodiesel. 37 Packet Page -1421- 10/9/2012 Item 16.E.4. ■ This price is listed in pounds and will be converted to gallons using the following conversion equivalence: 7.35 lbs = 1 gallon This weekly price will be used to make up the remainder of the total charged by the Contractor for Biodiesel. Sample Calculations: B20 whole sale price = 0.80 times the price for ultra low sulfur no. 2 diesel Ip us 0.20 times the price for soybean oil. B10 whole sale price = 0.90 times the price for ultra low sulfur no. 2 diesel Ip us 0.10 times the price for soybean oil. B5 whole sale price = 0.95 times the price for ultra low sulfur no. 2 diesel plus 0.05 times the price for soybean oil. Price will be in effect on the published date through the next published date. If no Monday price is published, then the next available published price will apply (Tuesday, Wednesday, etc.). ■ Contractor's Markup as determined by the Price Sheet for the county in which delivery of Fuel is made. ■ All applicable Fuel taxes and /or petroleum associated fees as determined by the county in which delivery of Fuel is made. ■ All applicable delivery and /or service charges as allowed. While it is anticipated that 90 +% of the Biodiesel purchased by the State will be B20, the vendor must be willing to delivery any requested blend. The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Customer shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Customer. 6.11 Markup: The Markup shall be noted on the Price Sheet as follows: • Discount Markup — A Discount Markup shall be noted as a negative number, using either a minus sign " -.xx" or enclosed within parentheses "(.xx) ", i.e. " -.01" or "(.01) ". • Markup — All other prices will be construed as a positive number for the Markup. The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to include. The Transaction Fee required by section 4.14 shall also be included in the Markup or Discount Markup. Prices shall be per gallon for the Markup or Discount Markup. Packet Page -1422- 10/9/2012 Item 16.E.4. 6.12 Allowable Charges: The Contractor may assess the following charges on the invoice: • Delivery charge as allowed as described in section 6.09. • Freight charges will apply on all Transport Deliveries. Charge will apply to Transport Delivery as jow defined in section 6.09 or to the actual gallons delivered. • Pump off charge for Transport Delivery, $20.00. May be charged more than once if Transport Delivery truck is required to relocate to deliver to additional tanks. Maximum pump off charge, $50.00 per Transport Delivery. • Excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery. Will be charged $5.00 per 15 minute increment past the initial 30 minutes. • Back haul charge if Customer orders more than tanks can hold. Charge will vary per incident. 6.13 Invoicing and Payment: The Contractor agrees to be paid upon submission of properly certified invoices to the Customer for Fuel purchased as defined in section 6.10 of this solicitation document. Invoices shall be submitted to the Customer for each delivery made. The Contractor shall submit invoices for Fuel in sufficient detail for a proper preaudit and postaudit thereof, pursuant to section 287.058 of the Florida Statutes. The Customer agrees that payments to the Contractor will be made in accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida Statutes. 6.14 Maintenance: The Customer shall maintain all tanks and dispensing equipment associated with their facility in good working order for the duration of the Contract. 6.15 Taxes: Invoice Fuel prices are not to include any State of Florida and /or Federal taxes from which the State and /or Customer is exempt. Any questions regarding applicable Fuel taxes may be directed to the Department of Revenue at (850) 488 -2900. 6.16 DTN FastRacks: The Contractor and Customer may subscribe to the DTN FastRacks Averages by calling DTN's Sales Department at 1- 800 - 779 -5775, option 2. Ask for the State of Florida Contract subscription. 6.17 Fuel Permits: The State and /or Customer will be responsible for all facility required permits pertaining to Fuel storage and handling in accordance with all local, state and federal laws. 6.18 Schedule and Damages: The Contractor agrees to pay any and all actual damages in the event of a default by Contractor due to late completion of services. The Contractor shall reimburse the Customer for any and all reprocurement costs incurred by the Customer due to Contractor's failure to deliver, as well any and all out -of- pocket expenses the Customer directly or indirectly incurs related to the late delivery and /or completion of the services. 6.19 Federal and State Standards: It is the intent of the Department that all specifications herein are in full and complete compliance with all Federal and State of Florida laws and regulations applicable to the type and class of Commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards ( "FMVSS "), Occupational Safety and Health Administration ( "OSHA "), Environmental Protection Agency ( "EPA ") Standards, and State of Florida requirements that apply to the type and class of Commodity being provided. In addition, any Federal or State legislation that should become effective during the term of the Contract, including any renewals, regarding equipment safety or emissions shall immediately become a requirement of the Contract. The Contractor must meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor must contact the Contract Administrator immediately. Delivery of non - conforming product shall be cause for Contract termination and possible Contractor suspension. 6.20 Diesel and Gasoline Specifications: The Contractors will provide gasoline, diesel and /or Biodiesel per the following specifications: y Chi Packet Page -1423- 10/9/2012 Item 16.E.4. 6.20.1 405 - 120 - 250 -0600 Biodiesel Fuel, Blend Blend of biodiesel and a percentage percent ultra - low sulfur petroleum diesel, for use in over the road diesel engine, meeting the A.S.T.M specification D6751 for pure biodiesel shall consist of mono - alkyl esters of long chain fatty acids derived from new and used vegetable oils and animal fats, designated B100, before blending with grade no. 2 -D low petroleum diesel per A.S.T.M. specification D975, final product shall comply with Florida Department of Agriculture and Consumer Services inspection laws. Certified under the BQ9000 quality program. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. The freight charge will apply to the difference in gallons, between the minimum gallons listed and the gallons actually delivered. Freight charges will not be included in the Transport Delivery Markup. 6.20.2 4405 - 120 - 260 -1030 Ultra Low Sulfur Diesel Fuel, grade no. 2 -D (.0015 mass % sulfur, 40 cetane min.), for use in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F- 2.001. To be delivered as ordered via transport truck in full loads, minimum delivery 7,200 -gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.3 405 - 120 - 270 -0030 Ultra Low Sulfur Fuel Diesel Fuel, Red Dye, Grade No. 2 -D for use in off the road diesel engine, per A.S.T.M. specification D975, Grade # 2 S15 complying with Florida Department of Agriculture and Consumer Services standards 5F- 2.001. It shall have a minimum cetane number of 40 using ASTM D613. To be delivered as ordered via transport truck in full loads, minimum delivery 7.200 gallons. Billing to be adjusted to 60 degrees F. temperature on transport delivery. Freight charges will not be included in the Transport Delivery Markup. 6.20.4 405 - 220 - 930 -7800 Gasoline E10, Unleaded 87 Octane:, Conforming to Florida Administrative Code 5F- 2.001, Florida Department of Agriculture and Consumer Services. To be delivered as ordered via transport truck in full loads, minimum delivery 8,000 Gallons. Freight charges will not be included in the Transport Delivery Markup. 40 Packet Page -1424- 10/9/2012 Item 16.E.4. SECTION 7.0 FORMS CONTENTS: AOW 7.1 SOLICITATION PREPARATION CHECKLIST 7.2 ORDERING INSTRUCTIONS 7.3 SAVINGS / PRICE REDUCTIONS 7.4 CONTRACT SIGNATURE PAGE (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.5 CERTIFICATION OF DRUG -FREE WORKPLACE [The remainder of this page is intentionally left blank (other than footer information)] 41 Packet Page -1425- 10/9/2012 Item 16.E.4. 7.1 Solicitation Preparation Checklist The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the requirements, terms, and conditions of all previous or existing agreements with State of Florida agencies. Download, read, and understand the entire solicitation, including all attachments (ITB No. 21- 405- 000 -X; Bulk Fuel, Gasoline and Diesel: Sections 1.0 through 7.5 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents). Reviewed the Timeline, Section 1.2 of the solicitation. If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866- FLA -EPRO (866- 352 -3776) or vendorhelp (c)myfloridamarketplace.com. Submitted any questions to the MyFloridaMarketPlace Q &A Board (no later than as specified in the Timeline, Section 1.2 of the solicitation). Viewed answers to submitted questions as posted in any Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid System. Responded and submitted ITB response in MyFloridaMarketPlace sourcing tool in accordance with Solicitation Timeline. Provided answers to all required questions within the MyFloridaMarketPlace Sourcing Tool. Submitted response using the MyFloridaMarketPlace Sourcing Tool. David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP® PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399 -0950 The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. See the complete requirements, specifications, terms, and conditions of the solicitation for details. '► Packet Page -1426- 7.2 Ordering Instructions Bulk Fuel, Gasoline and Diesel ITB No. 21-405 -000 -X VENDOR NAME: VENDOR TAX ID NUMBER: 10/9/2012 Item 16.E.4. Ordering Information: Please provide the following information about where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may also provide an Internet address. Name: Title: Street Address or P.O. Box: City, State, Zip: Email Address: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State, Zip: Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E -mail Address: Phone Number(s): Fax Number: Please identify the person who will be responsible for maintaining your electronic catalog information through MyFloridaMarketPlace. Name: Title: Street Address: E -mail Address: Phone Number(s): Fax Number: Please be advised that vendors are responsible for verifying and maintaining the correct contact and address information within their MyFloridaMarketPlace vendor registration account Failure to do so may result in the vendor being deemed ineligible to conduct business with the State of Florida 43 Packet Page -1427- 7.3 Savings /Price Reductions Bulk Fuel, Gasoline and Diesel ITB No. 21-405 -000 -X DATE 10/9/2012 Item 16.E.4. The Respondent is required to furnish the percent ( %) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. COMPETITIVE PRICES OFFERED PROVIDE THE FOLLOWING PERCENTAGE OF SAVINGS: HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [URL], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: BIDDER /RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANALYST /SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST /SPECIALIST: PUR 7064 (Rev 2/04) 44 Packet Page -1428- 10/9/2012 Item 16.E.4. 7.4 CONTRACT Bulk Fuel, Gasoline and Diesel ITB No. 21-405 -000 -X This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ( "Department "), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399 -0950, and the entity identified below as Contractor ( "Contractor "). The Contractor responded to the Department's Invitation to Bid No. 21- 405 - 000 -X, Bulk Fuel. Gasoline and Diesel. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor may charge Eligible Customers, are identified on the attached Price Sheets. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date, with the initial contract term ending June 30, 2014. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document, including Price Sheets • Technical Specifications • Special Conditions • General Contract Conditions (PUR 1000) • Special Instructions to Respondents • General Instruction to Respondents (PUR 1001) • Any Purchase Order under the Contract • Contractor's bid State of Florida, Date Department of Management Services By: Linda H. South, Secretary Contractor Name: Street Address or P.O. Box: City, State, Zip: By: Its: Date 45 Packet Page -1429- (Seal) 10/9/2012 Item 16.E.4. 7.5 CERTIFICATION OF DRUG -FREE WORKPLACE Bulk Fuel, Gasoline and Diesel ITB NO. 21-405 -000 -X Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference shall be given to an offer received from a Respondent that certifies it has implemented a drug -free workforce program. Please sign below and return this form to certify that your business has a drug -free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under the solicitation a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under the solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if, such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. RESPONDENT'S NAME: Authorized Signature En. Packet Page -1430- Print Name and Title 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: American Homegrown Fuel Corporation (A) Organization FEID Number: 06- 1711629 MFMP / SPURS Vendor Number: 06- 1711629 -001 Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224 -0806 E -mail Address: iohn(c_fcbio.com Internet Address: http: / /www.fcbio.com Telephone Number: 904 - 525 -3835 Toll -Free Number: n/a Fax Number: 309- 415 -9093 Remit Address: Organization Name: American Homegrown Fuel Corporation Remit -To Street Address: 13852 Waterchase Way Remit -To City, State, Zip: Jacksonville, FL 32224 -0806 Contract Administrator: Name: John Magwood Title: President Street Address: 13852 Waterchase Way City, State, and Zip: Jacksonville, FL 32224 -0806 E -Mail Address: iohn(a-)-fcbio.com Telephone Number: 904 - 525 -3835 Toll -Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 309 -415 -9093 47 Packet Page -1431- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Eli Roberts and Sons, Inc (A) Organization FEID Number: 59- 3232755 MFMP / SPURS Vendor Number: 59- 3232755 -001 Name: Elaine Lawrence Title: Dispatcher Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee Florida 32310 E -mail Address: elaine(a-)-eliroberts.com Internet Address: n/a Telephone Number: 850 - 576 -3145 Toll -Free Number: n/a Fax Number: 850 - 574 -3788 Remit Address: Organization Name: Eli Roberts and Sons, Inc Remit -To Street Address: 2195 Lake Bradford Road Remit -To City, State, Zip: Tallahassee, Florida 32310 Contract Administrator: Name: Fonda Neel Title: Account Manager Street Address: 2195 Lake Bradford Road City, State, and Zip: Tallahassee, Florida 32310 E -Mail Address: fonda(a)-eliroberts.com Telephone Number: 850 - 576 -3145 Toll -Free Number: n/a Cell Phone Number (Optional): n/a Fax Number: 850- 574 -3788 Packet Page -1432- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: G. W. Hunter, Inc. (A) 59- 1615975 59- 1615975 -001 Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E -mail Address: tlhunter(cr)gwhunterinc.com Internet Address: n/a Telephone Number: 386- 752 -5890 Toll -Free Number: n/a Fax Number: 386- 755 -5510 Remit Address: Organization Name: G. W. Hunter, Inc. Remit -To Street Address: PO Box 958 Remit -To City, State, Zip: Lake City, FL 32056 Contract Administrator: Name: Terry L. Hunter Title: President Street Address: PO Box 958 City, State, and Zip: Lake City, FL 32056 E -Mail Address: tlhunteregwhunterinc.com Telephone Number: 386- 752 -5890 Toll -Free Number: n/a Fax Number: 386- 755 -5510 .• Packet Page -1433- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405- 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: Jim Hinton Oil Co., Inc. (A) 59- 1275843 59- 1275843 -011 Bill Bozeman Title: Operations Manager Street Address: 204 North East Haines St. Street Address: P O Box 39 City, State, and Zip: Live Oak FL 32064 E -mail Address: bbozeman(a-)-hintonoil.com Internet Address: n/a Telephone Number: 386- 362 -2935 Toll -Free Number: 800 - 361 -2935 Fax Number: 386- 362 -5961 Remit Address: Organization Name: Jim Hinton Oil Co., Inc. Remit -To Street Address: 204 North East Haines St Remit -To City, State, Zip: Live Oak, FL 32064 Contract Administrator: Name: Garry Vann Title: Sales Manager Street Address: 204 North East Haines St City, State, and Zip: Live Oak, FL 32064 E -Mail Address: gvann(a-)hintonoil.com Telephone Number: 386- 590 -6231 Toll -Free Number: 800- 361 -2935 Fax Number: 386- 362 -5961 50 Packet Page -1434- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: J.V. Gander Distributors, Inc. (A) 59- 1986161 59- 1986161 -004 Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E -mail Address: iim(a-)_ivgander.com Internet Address: http: / /www.ivgander.com Toll -Free Number: 866 - 653 -8889 Telephone Number: 850 - 653 -8880 Fax Number: 850 -653 -9818 Remit Address: Organization Name: J.V. Gander Distributors, Inc. Remit -To Street Address: P. O. Box 70 Remit -To City, State, Zip: Apalachicola, FL 32320 Contract Administrator: Name: Jim Gander Title: Vice President Street Address: 319 Water Street P. O. Box Address: P. O. Box 70 City, State, and Zip: Apalachicola, FL 32320 E -Mail Address: iim(aD_ivgander.com Toll -Free Number: 866 -653 -8889 Telephone Number: 850 - 653 -8880 Fax Number: 850 - 653 -9818 51 Packet Page -1435- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: L.V. Hiers, Inc. (A) 59- 2011260 59- 2011260 -001 Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. 0. Box Address: P. 0. Box 1229 City, State, and Zip: Macclennv, FL 32063 E -mail Address: astone(c)lvhiers.com Internet Address: httiD: / /www.lvhiers.com/ Telephone Number: 904 - 259 -2314 Toll -Free Number: n/a Fax Number: 904 - 259 -4518 Remit Address: Organization Name: L.V. Hiers, Inc. Remit -To Street Address: P. 0. Box 1229 Remit -To City, State, Zip: Macclennv, FL 32063 Contract Administrator: Name: Andy Stone Title: Vice President Street Address: 253 East Florida Avenue P. O. Box Address: P. 0. Box 1229 City, State, and Zip: _ Macclennv. FL 32063 E -mail Address: astone(aD-lvhiers.com Telephone Number: 904 -259 -2314 Fax Number: 904 - 259 -4518 52 Packet Page -1436- 10/9/2012 Item 16.E.4 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract w requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Macmillan Oil Company of Florida, Inc. (0) Organization FEID Number: 59- 0648243 MFMP / SPURS Vendor Number: 59- 0648243 -001 Name: Eduardo Rodriquez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E -mail Address: eduardo(a)_macmillanoil.net Internet Address: n/a Telephone Number: 305 - 283 -8580 Toll -Free Number: n/a Fax Number: 305 - 691 -7817 Remit Address: Organization Name: Macmillan Oil Company of Florida, Inc. Remit -To Street Address: 2955 East 11th Avenue Remit -To City, State, Zip: Hialeah, FL 33013 Contract Administrator: Name: Eduardo Rodriguez Title: General Sales Manager Street Address: 2955 East 11th Avenue City, State, and Zip: Hialeah, FL 33013 E -mail Address: eduardo(a)-macmillanoil.net Telephone Number: 305 - 283 -8580 Fax Number: 305- 691 -7817 53 Packet Page -1437- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Mansfield Oil Company (A) Organization FEID Number: 58- 1091383 MFMP / SPURS Vendor Number: 58- 1091383 -001 Name: Bill Hammond Title: Customer Service Supervisor Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: Gainesville, Georgia 30501 E -mail Address: BHammond(a)MansfieldOil.com Internet Address: www.mansfieldoil.com Toll -Free Number: 800 - 255 -6699 ext. 2082 Telephone Number: 678 - 450 -2135 Fax Number: 800 - 283 -3835 Remit Address: Organization Name: Mansfield Oil Company Remit -To Street Address: P. O. Box 934067 Remit -To City, State, Zip: Atlanta, GA 30501 Contract Administrator: Name: Ginger McDaniel Title: Government Sales Analyst Street Address: 1025 Airport Parkway, S.W. City, State, and Zip: _ Gainesville. Georaia 30501 E -Mail Address: GMcDaniel(a)-MansfieldOil.com Toll -Free Number: 800 - 255 -6699 ext. 2135 Telephone Number: 678 - 450 -2135 Fax Number: 678 -450 -2280 54 Packet Page -1438- 10/9/2012 Item 16.E.4 Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: 1. Organization Name: Petroleum Traders Corporation Organization FEID Number: 35- 1462227 MFMP / SPURS Vendor Number: 35- 1462227 -001 Name: Gavle Newton & Contract Sales Staff Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804 -7928 E -mail Address: gnewton (ar -r)etroleumtraders.com Internet Address: www.petroleumtraders.com Toll -Free Number: 800 -348 -3705 x1002 Telephone Number: 260- 432 -6622 x1002 Fax Number: 260- 207 -6347 Remit Address: Organization Name: Petroleum Traders Corporation Remit -To Street Address: 7120 Pointe Inverness Way Remit -To City, State, Zip: Fort Wayne, IN 46804 -7928 Contract Administrator: Name: Gavle Newton Title: Contract Sales Manager Street Address: 7120 Pointe Inverness Way City, State, and Zip: Fort Wayne, IN 46804 -7928 E -mail Address: gnewton(c).petroleumtraders.com Toll -Free Number: 800 - 348 -3705 x1002 Telephone Number: 260- 432 -6622 x1002 Fax Number: 260- 207 -6347 55 Packet Page -1439- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Port Consolidated Corporation (A) Organization FEID Number: 59- 1173292 MFMP / SPURS Vendor Number: 59- 1173292 -001 Name: Fay Francisco Title: Customer Service Street Address: 3141 SE 14th Ave. P. O. Box Address: P. O. Box 350430 City, State, and Zip: Fort Lauderdale, FL 33335 -0430 E -mail Address: ffrancisco(cb-portconsolidated.com Internet Address: http: / /www.portconsolidated.com Toll -Free Number: 800 - 683 -5823 Telephone Number: 954 - 522 -1182 Fax Number: 954 - 527 -1191 Remit Address: Organization Name: Port Consolidated Corporation Remit -To Street Address: P. O. Box 350430 Remit -To City, State, Zip: Fort Lauderdale, FL 33335 -0430 Contract Administrator: Name: Don Carlton Title: Vice - President Street Address: 3141 SE 14th Ave. City, State, and Zip: Fort Lauderdale, FL 33316 E -Mail Address: dcarlton(cr-portconsolidated.com Toll -Free Number: 800- 683 -5823 Telephone Number: 954- 522 -1182 Fax Number: 954- 527 -1191 W Packet Page -1440- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. loft 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: SMF Energy Corporation 65- 0707824 65- 0707824 -002 James Almeida or Melanie Marauszwski Title: Inside Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: _ Fort Lauderdale, Florida 33309 E -mail Address: ialmeida(ax_mobilefueling.com or mmarauszwski ca)-mobilefueling.com Internet Address: www.mobilefueling.com Toll -Free Number: 800 - 383 -5734 Telephone Number: 954 - 308 -4198 Fax Number: 954- 308 -4221 Remit Address: Organization Name: SMF Energy Corporation Remit -To Address: P. O. Box 932640 Remit -To City, State, Zip: Atlanta, GA 31193 -2640 Contract Administrator: Name: Steve Leavitt Title: Vice - President of Marketing and Sales Street Address: 200 West Cypress Creek Road, Suite 400 City, State, and Zip: Fort Lauderdale Florida 33309 E -Mail Address: sieavitt(o-)mobilefueling.com Telephone Number: 954 - 308 - 4183/954- 308 -4200 Fax Number: 954- 308 -4219 57 Packet Page -1441- 10/9/2012 Item 16.E.4. Ordering Instruction Form The following Contractor has been awarded select Commodity Codes within State Term Contract, No. 405 - 000 -10 -1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract requirements, specifications, terms, and conditions. Ordering Information: Organization Name: Organization FEID Number: MFMP / SPURS Vendor Number: Name: Terrell Industries Inc. (A) 65- 0530148 65- 0530148 -001 Grady Terrell, III Title: President Street Address: 2067 1st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E -mail Address: gterrell(aD-verizon.net Internet Address: http: / /terrellindustries.com/ Toll -Free Number: n/a Telephone Number: 727 - 823 -4424 Fax Number: 727 - 823 -3977 Remit Address: Organization Name: Terrell Industries Inc. Remit -To Street Address: 2067 1st Avenue North Remit -To City, State, Zip: _ St. Petersburg, FL 33713 Contract Administrator: Name: Grady Terrell, III Title: President Street Address: 2067 1 st Avenue North City, State, and Zip: St. Petersburg, FL 33713 E -mail Address: gterrell(a-)verizon.net Telephone Number: 727 - 823 -4424 Fax Number: 727 - 823 -3977 Packet Page -1442-