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Agenda 05/24/2022 Item #16G 1 (RFP Contract #22-7947 for Aviation Fuel Purchase & Delivery w/Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark)
16.G.1 05/24/2022 EXECUTIVE SUMMARY Recommendation to award Request for Proposal ("RFP") No. 22-7947, "Aviation Fuel Purchase and Delivery," and approve the attached agreement with Avfuel Corporation for the purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. OBJECTIVE: To provide for the purchase and delivery of aviation fuel for resale to the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. CONSIDERATIONS: The Collier County Airport Authority's contract for the purchase and delivery of aviation fuel expires on June 13, 2022. The purpose of this agreement is to allow the Airport Authority to purchase aviation fuel for resale. Aviation fuel sales account for approximately seventy nine percent (79%) of the Airport Authority's gross revenue. The sale of aviation fuel generated approximately $5,777,054 in fiscal year 2021. On November 19, 2021, the Procurement Services Division released 5,888 notices for RFP No. 22-7947, Aviation Fuel Purchase and Delivery. The County received four responsive and responsible proposals by the December 20, 2021, deadline. A selection committee met on January 21, 2022, reviewed, scored, and shortlisted the top two ranked proposals to move on to oral presentations. On February 4, 2022, the selection committee ranked those firms as follows: Ranking Firm 1 Avfuel Corporation 2 Eastern Aviation Fuels, Inc. d/b/a Titan Aviation Fuels Staff is recommending award to the top -ranked firm, Avfuel Corporation. Avfuel has been in business since 1973, and this will be its first time providing services to the County. AvFuel has remained 100% dedicated focus to servicing the commercial and Fixed Base Operation aviation industry. With over 650 branded locations, Avfuel holds 28% of the Fixed Base Operation market share in the U.S. In additional to their nationwide presence, Avf iel has a strong local presence, servicing both the Naples Airport Authority and the Lee County Port Authority. They provided a detailed business proposal, in response to the RFP, with a clear transition plan, in-depth training, marketing, competitive pricing and locally based staff and equipment. The attached contract provides for a three year term, with two additional one year mutually agreeable renewal terms. FISCAL IMPACT: Funds for purchases and credit card processing fees are available and budgeted within the Collier County Airport Authority Operating Fund (495). GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award RFP No. 22-7947, "Aviation Fuel Purchase and Delivery," to Avfuel Corporation, and authorize the Chairman to sign the attached agreement. Packet Pg. 1284 16.G.1 05/24/2022 Prepared by: Andrew Bennett, Executive Airports Manager, Airport Authority ATTACHMENT(S) 1.22-7947 NORA (PDF) 2.22-7947 Avfuel Corp_Contract VendorSigned (PDF) 3.22-7947 AvFuel-Prof-Liab_COI(PDF) 4.22-7947 AvFuel_COI (PDF) 5. [Linked] 22-7947 AVFUEL Proposal (PDF) 6.22-7947 Solicitation (PDF) 7.22-7947 Final Ranking (PDF) Packet Pg. 1285 16.G.1 05/24/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doe ID: 22187 Item Summary: Recommendation to award Request for Proposal ("RFP") No. 22-7947, "Aviation Fuel Purchase and Delivery," and approve the attached agreement with Avfuel Corporation for the purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. Meeting Date: 05/24/2022 Prepared by: Title: — Growth Management Operations Support Name: Heather Meyer 05/09/2022 11:38 AM Submitted by: Title: Division Director - Operations Support — Growth Management Department Name: Gene Shue 05/09/2022 11:38 AM Approved By: Review: Airport Authority Andrew Bennett Additional Reviewer Growth Management Operations Support Tara Castillo Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Growth Management Department Gene Shue Additional Reviewer Growth Management Department Ellen Sheffey Growth Management Department Procurement Services Sandra Herrera Additional Reviewer Growth Management Department Trinity Scott Transportation County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/09/2022 11:42 AM Additional Reviewer Completed Completed 05/09/2022 1:32 PM Completed 05/09/2022 2:57 PM Completed 05/09/2022 3:40 PM Completed 05/09/2022 3:56 PM Completed 05/10/2022 8:37 AM Completed 05/10/2022 9:54 AM Completed 05/10/2022 10:18 AM Completed 05/10/2022 10:39 AM Completed 05/10/2022 1:24 PM Completed 05/11/2022 11:09 AM Completed 05/17/2022 11:45 AM 05/24/2022 9:00 AM Packet Pg. 1286 DocuSign Envelope ID: B465D637-F9E0-4713-A812-07E915718BDE 16.G.1.a Cott County Procurement Services Division Notice of Recommended Award Solicitation: 22-7947 Title: Aviation Fuel Purchase and Delivery Due Date and Time: December 20, 2021 at 3:00 P.M. Respondents: Company Name City County State Final Ranking Responsive/Responsible Avfuel Corporation Ann Arbor Washtenaw MI 1 Yes/Yes Eastern Aviation Fuels, Inc. d/b/a Titan Aviation Fuels New Bern Craven NC 2 Yes/Yes EPIC Aviation, LLC Irving Dallas TX N/A Yes/Yes Ascent Aviation Group, Inc. Parish Oswego NY N/A Yes/Yes Utilized Local Vendor Preference: Yes = No = Recommended Vendors) For Award: On November 19, 2021, the Procurement Services Division released Request for Proposal No. 22-7947, Aviation Fuel Purchase and Delivery. Staff sent out 5,888 notifications, 25 suppliers viewed the solicitation information, and four (4) proposals were received by the due date of December 20, 2021. All proposers were found to be responsive and responsible. One proposer was contacted to resolve a minor irregularity. The Selection Committee met on January 21, 2022 and after review of the proposals and deliberation, the Committee scored the proposals and shortlisted the top two (2) firms to move on to oral presentations. On February 4, 2022, the Selection Committee reconvened for oral presentations, and the Committee ranked the firms as follows: Avfuel Corporation ranked as 1 Eastern Aviation Fuels, Inc. d.b.a Titan Aviation Fuels ranked as 2 Staff is recommending award to the top -ranked firm, Avfuel Corporation. Contract Driven = Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manager: Andrew Bennett � dUn'QI,V't,U/ P-WV Tf 2/14/2022 EC&�A DoBcu 1gned by: Procurement Strategist: Glenys Risueno 2/15/2022 vw@onomt:Services Director: 5- . H 2/15/2022 Sandra Herrera Date Packet Pg. 1287 16.G.1.b FIXED TERM SERVICE AGREEMENT # 22-7947 for AVIATION FUEL PURCHASE AND DELIVERY THIS AGREEMENT, made and entered into on this day of 2022 by and between Avfuel Corp. authorized to do business in the State of Florida, whose business address is 47 West Ellsworth Road Ann Arbor Ml 48148 (the "Contractor') and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval; or El on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shaII give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 9 Purchase Order ❑ "oboe to PFOe ed 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of X Request for Proposal (RFP) ❑ ❑ # 22-7947 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Tenn Service Agreement 2022_Ver.I Packet Pg. 1288 16.G.1.b 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑N Lump Sum (Fixed Price)- A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ T me and--Mate;r a+s—The County -reel-te'fa-he GentraEteT:fek t#e-am4unkg4aber tome- spent by the 68ntFar3tA 5 hr.r.ntFaeto F&4 r*O r.rm +he oi�rtrL lni i�^rLi� TCT"L�V [V Gl llJfffl LIIV •c/115 l�lul��vv� t1rtT mayeri- G the GOA+Fa8tE,r'S markup). This Tmetih these G-e tfaets _inr 1i de 6aGk up 'Ieoument.Ltir. fc� bYC}de4%ffl*-_f (e F s w.1-L. ee Rtrnntil"LtVLnV�'rl ZJjLVL. 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budgets). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Rage 2 of 17 Fixed'rerm Service Agreement 2022_Ver.I r '- Packet Pg. 1289 16.G.1.b 4.4 The County; or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Avfuel Corp. Address: 47 W. Ellsworth Ann Arbor, MI 48108 Authorized Agent: Joel J. Hirst, Sr. Vice President Attention Name & Title: Ben Spence, Director Truck Logistics Telephone: 734 633-64661 800 458-0672 E-Mail(s); Jhirst avfuel.corrl I Bs ence avfuei.com Page 3 of 17 Fixed're mt Smicc Agreenienl2022_Vet. I Packet Pg. 1290 16.G.1.b All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Airport Authority Division Director: Gene Shue Address: 2005 Mainsail Drive Naples, Florida 34114 Administrative Agent/PM: Andrew Bennett, Executive Manager Telephone: 239 252-8425 E-Mail(s): Andrew.Bennett@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U, S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any {person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed 'Germ Service Agreement 2022_Ver.l Packet Pg. 1291 16.G.1.b the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination, The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,00.0 Per Occurrence, $ 2 ❑00 000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. FW_1 Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. E. ❑i C her Liability: Coverage shall have minimum limits of $1,000,000 per claim. F. 0 Pollution : Coverage shall have minimum limits of $1,000,000 per claim/Occurrence. Page 5 of 17 Fixcd Term 5ervicc Agreement 2022_Ver,1 `�1. Packet Pg. 1292 16.G.1.b FRiRimUm limits ref Q' peF elairWOO +l FFenee Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Page 6 of 17 Fixed Term Service Agreement 2022—Ver.l Packet Pg. 1293 16.G.1.b Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Airport Authority Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate{s}, ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/ ❑ I:FW❑ #22-7947 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and 7 Other Exhibit/Attachment: Aviation Fuel supply Agreement 17. APPLICABILITY. Sections corresponding to any checked box ■ } expressly apply to the terms of this Agreement. 18, SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Page 7 of 17 Fixed'rerm Service Agreement 2022_Ver.l r_ , Packet Pg. 1294 16.G.1.b Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReg uest colliercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1 Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 1 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract; transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract. the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Ail records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page S of 17 Fixed Term Servicc Agreement 2022_Ver. B Packet Pg. 1295 16.G.1.b 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims flailed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ■❑ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County, 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Agreement 2422_Ver.I r~, � Packet Pg. 1296 16.G.1.b particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law, and those more specifically stated in the attached Fuel Supply Agreement at Article 7. 28, A] TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 0■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, Page 10 of 17 Fixed Term 5ervicc Agreement 2022_Ver.l Packet Pg. 1297 16.G.1.b or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whote or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. MW ilk Wam- Eli �- — A _AAA NO Page 11 of 17 Fixed Term Service Agreement 2022—Ver.l Packet Pg. 1298 16.G.1.b ■C1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence- M. 35. ASSIGNMENT. Contractor shall not assign this Agreement or any past thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shalt require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include; but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS a@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Sirvicc Agrenmen[ 2022_Ver. l Packet Pg. 1299 16.G.1.b County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. ■n SAFETY, All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project, However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fired Tenn Service Agreement 2022_Ves.I r'. Packet Pg. 1300 16.G.1.b IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Contractor's Witnesses: lntractor')sF/'ir's"t�'Witness .r/?c � ��s TType/print witness namet Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: William L. McDaniel Jr. . Chairman Avfuel Corp. Contractor M Page 14 of 17 Sig Ai4 nt signature and title a Fixed Term Service Agreement 2022_Ver.I G� Packet Pg. 1301 16.G.1.b Exhibit A Scope of Services ❑■ following this page (containing 3 pages) ❑ this exhibit is not applicable Page 15 of 17 Fired Term Service Agreement 2022_Vcr ] Packet Pg. 1302 16.G.1.b Request for Proposal (RFP) # 22-7947 "Aviation Fuel Purchase and Delivery" Exhibit A: Scope of Work Final Negotiated Statement of Work The Supplier is required to deliver aviation fuels to the Fuel Farm(s) at all three County Airports (MKY, IMM and X01) identified in this solicitation. Supplier must adhere to the fallowing minimum requirements: 1. Fuel: The Supplier will ensure that the aviation fuel delivered meets or exceeds the following minimum specifications: 1.1 let Fuel: Aviation Kerosene type Jet -A fuel received shall conform to ASTM D-I655 specifications, latest revision, Supplier shall also supply FS1I (Anti -Ice, Prist) in 55-gallon barrels for direct injection at the point of sale. 1.2 Avgas: Fuel received shall conform to ASTM ❑-910 specifications, latest revision, and shall be of the Aviation Gasoline type, 100 Octane, Low Lead (Avgas I DOLL) or future replacement. 1.3 Supplier will provide a certificate of analysis on all aviation fuel shipments. Supplier will also provide traceability on all shipments back to refinery. 2. Deliverr- 2.1 A twenty-four (24) hour period between order placement and delivery to airport(s) is desired, however Supplier shall guarantee maximum forty-eight (48) hour period between order placement and delivery to airport(s). 3. Credit Card Processing: 3.1 Supplier to provide and maintain a list of credit cards and contract fuel programs accepted including all associated costs. 3.2 Supplier to provide the Authority the amount of time for funds to be deposited in the Authority's accounts and the methods of payment (i.e. electronic transfer, etc.) including all associated costs. 3.3 Supplier must offer a "full -service" web -based Fixed Based Operator (FBO) software solution for processing credit sales which is fully PC] and EMV Chip compliant. Software shall include: fuel sentry/automation compatible with TCS 3000 meters, POS processing, bight scheduling/tracking, and concierge reservation modules. 4. Maintenance InsIlection and Training: 4.1 Supplier to make fuel tenders available to the Authority for use at the Marco island Executive or lmmokalee Regional Airport in the event County -owned fuel tender is out of service for extended period (ten days or greater), at no cost to the Airport Authority. Minimum forty-eight (48) hour delivery period for replacement tender which shall be in good working order and similar in capacity to those in operation at the County Airports. Page 1 of 3 Scope of Services c Packet Pg. 1303 16.G.1.b Request for Proposal (RFP) # 22-7947 "Aviation Fuel Purchase and Delivery" 4.2 Supplier shall provide, at no additional costs, annual inspections of all fuel trucks, regardless of ownership, and annual inspections of the fuel farms at all three (3) airports MKY, IMM, and X01. The inspectors will be qualified and provide written documentation detailing the results of the inspections. 4.3 Supplier shall provide annual Jet -A and Avgas (100LL) fuel filter replacement services on all fuel trucks. regardless of ownership, and the fuel farms at all three (3) airports: MKY, IMM, and X01. Labor rate and material mark-ups must be outlined. 4.4 Supplier shall provide, at no additional cost to purchaser, employee fuel quality assurance training and testing materials (hydrometers, white buckets, water tests, etc.), wind socks, wing mats, line service safety and customer service training either through Supplier or approved third party books, materials, and seminars or combination thereof. 5, Marketinp- and Advertising: 5.1 Supplier shall include the County Airports in all directory advertising at no cost to the County. 5.2 Supplier shall make funds available for co-operative advertising on a local basis. 5.3 Supplier shall paint and/or decal County -owned fuel tenders and fuel farms cost to purchase and provide free loaner fuel tenders during this period. 5.4 Supplier shall participate in major aviation trade shows such as NBAA and NATA and provide the Airport Authority an opportunity to participate without cost. Additional Negotiated items G) International 5,000 Gallon Jet Refueler Truck Avfuel will provide the County at no charge one (1) 5,000-gallon jet refueler truck 2012 or newer, which will be Avfuel unit # 5228, 2020 International HV607, VIN IHTEJMMRILH800219, Value $290,000.00, to Marco Island Executive Airport as of the effective date of this contract for the entire term of the contract. Avfuel covers all maintenance except for normal wear items such as fluids, diesel, oil, tires, batteries, lights, fire extinguisher recharge, preventable maintenance items and any damage including excessive wear due to careless operation. Avfuel also covers product filter changes, hoses and fueling nozzles as required. Truck must be equipped with TC5 Meters with wireless transmission capability. 7) FSII Additive Avfuel will provide 1~S11 Additive in 55-gallon drums at no additional charge to the County. 8) Meter Calibration and Product Filters Avfuel will pay for meter calibration and testing on Avfuel leased refueler truck(s), Collier County owned refueler trucks and fuel farm meters that require calibration and testing as required by law. Page 2 of 3 Scope of Services ".9) Packet Pg. 1304 16.G.1.b Request for Proposal (RFP) # 22-7947 "Aviation Fuel Purchase and Delivery" Avfuel will pay for costs of product filters and installation on Avfuel ]eased refueler truck(s), Collier County owned refueler trucks and fuel farms as needed per industry standard. 9) Avfuel Training System (ATS) Avfuel will provide access at no cost to the online ATS to all airport employees at no cost for the duration of the contract. All on -site and in -person supplemental fuel safety and quality assurance, customer service, and Avfuel- branded program training will be provided by AvFuel as outlined in their proposal to Solicitation No. 22-7947 10) MyFlightSolutions FBO Point of Sale Software Avfuel will provide MyFlightSolutions FBD software to all three Collier County airport locations including start up training and data migration from Atlas system at no cost. Avfuel will provide the Avfuel HLIB web pos and VeriFone VX570 at no cost for backup point of sale systems. 11) ARGUS Traq Pak Avfuel will provide ARGUS Traq Pak flight tracking software with AMSTAT tail number look up and ten (10) login passwords at no cast. 12) Avfuel Branding Start Up and Transitions Costs Avfuel will direct purchase or reimburse the County up to $5,000, upon contract execution, to be used towards costs associated with transitioning to the Avfuel. 13) Marketing Support Avfuel will provide marketing support and materials as outlined in Avfuel's response to Solicitation No. 22-7947 Page 3 of 3 Scope of Services Packet Pg. 1305 16.G.1.b Exhibit B Fee Schedule 3 following this page (containing pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver,1 f Packet Pg. 1306 Request for Proposal (RFP) # 22-7947 "Aviation Fuel Purchase and Delivery" 16.G.1.b Exhibit S: Fee Schedule 1) Product Prices Jet -A: Previous weep average of PLAITS Gulf Coast Jet Waterborne Mean plus a fuel differential of $0.1139 per gallon plus the current full load (7,400 gal min) truck transportation costs including tolls (MKY $0.0819 per gallon; IMM $0.0819 per gallon) when product is delivered from the Primary Supply Terminal — Pt. Everglades, FL. In the event fuel is delivered from a Secondary Supply Terminal, additional charges apply. If delivered from Pt. of Tampa, FL to MKY or IMM an additional charge of $0.1215 per gallon including tolls will apply and if delivered from Cape Canaveral, FL to MKY or IMM an additional charge of $0.1505 per gallon including tolls will apply. Current applicable Federal and State taxes per gallon applied to the purchase of Jet -A fuel: Federal Excise Tax $0.24400 Superfund/Gil Spill Fee $0.00214 FL Special Fuel Tax $0.04270 FL Inland Protection $0.01904 FL Water Quality $0.00119 FL Coastal Protection $0.00048 Taxes and Fees are subject to change as amended by the applicable authority. Avgas 1OOLL: Previous week average of PLAITS Gulf Coast Waterborne Premium Unleaded 93 Mean plus a fuel differential of $1.0809 per gallon plus the current full load truck (8.000 gal) transportation costs including tops (MKY $0.0755 per gallon; IMM $0.0755 per gallon; X 0 1 $0,0830 per gallon) when product is delivered from the Primary Supply Terminal — Pt. Everglades, FL. In the event fuel is delivered from a Secondary Supply Terminal, additional charges apply. if delivered from Pt. of Tampa, FL to MKY or IMM an additional charge of $0,1055 per gallon including tolls and to ?COI an additional charge of $0.1125 per gallon including toils will apply. In the event fuel is delivered from Panama City, FL to MKY or IMM an additional charge of $0.3045 per gallon including tolls and to XO1 an additional charge of $0.3105 including tolls will apply. In the event an Avgas IOOLL delivery is split with a different airport location, a split load delivery charge of $50 applies per delivery location. Current applicable Federal and State taxes per gallon applied to the purchase of Avgas IOOLL fuel: Page 1 of 3 Fee Schedule Packet Pg. 1307 Request for Proposal (RFP) # 22-7947 "Aviation Fuel Purchase and Delivery" 16.G.1.b Federal Excise Tax $0.19400 Superfund/Oil Spill Fee $0.00214 FL Special Fuel Tax $0.04270 FL Inland Protection $0.01904 FL Water Quality $0.001 I9 FL Coastal Protection $0.00048 Taxes and Fees are subject to change as amended by the applicable authority. Jet -A and Avgas I00LL: In the event product is not delivered from the Primary Supply Terminal additional charges may apply. Upon arrival at Customer's delivery address, the hauler allows sixty (60) minutes to complete the offloading of product into Customer's fuel storage facility. If offloading time exceeds sixty (60) minutes, then demurrage charges may apply at a rate of $100 per hour and is charged by the quarter hour. The PLATTS weekly average price will be calculated each Monday (or Tuesday when Monday is a holiday) for the previous week (Monday through Friday trading days only) and will be effective the following Tuesday through Monday period. This Price does not include taxes and any other applicable airport fees. In the event that there is a change in Avfuel's cost structure or index basis for the above product, Avfuel reserves the right to amend the above pricing. 2) Avfuel Credit Card, Charge Card and Contract Fuel Processing Rates; Avfuel ProCard, Contract Fuel & Cessna Contract Fuel Card: 0.0% Fuel; 0.0% Non -Fuel Avfuel Retail Card MasterCard & Visa Qualified MasterCard & Visa Nan -Qualified Discover Card American Express MultiService(US Sank Aveard Government AIRCard Non -Contracted Item 0.0% fuel; 0.0% Non -Fuel 2.1% 2.5% 2.6% 2.7% 2.7% 2.2 5% 0.0% Contracted Items: 3.0% Funds from card processing will be remitted to County on a daily basis (business days only, excluding holidays) as card batches are received and processed. Page 2 of 3 Fee Schedule r� 1 Packet Pg. 1308 Request for Proposal (RFP) 4 22-7947 "Aviation Fuel Purchase and Delivery" 16.G.1.b 3) Purchasing Agent and Parts Discount Avfuel will act as a purchasing agent for the County as requested only with regards to purchasing aviation fuel related equipment, repairs and labor from a subcontractor which will be marked up 10%. The 10% mark-up must not be applied to sales tax or freight costs. County will receive a discount of 16% on aviation fueling parts and supplies purchased directly from Avfuel's Parts Department. Documentation will be provided to County as needed which will include at a minimum: quotation with verification of the list price for the item at the date of invoicing. 4) AVTRIP Points (OPTIONAL) AvfueI will pay for the cost of standard points for AVTRIP Points (standard points being $0.01 per point, 2 points per gallon) when awarded an fuel sales and will pay all points associated with a 90-day triple point promotion. Outside of the 90-day triple point promotion, the County will pay for points awarded more than standard points. The County's participation in points awarded more than standard is voluntary at a cost of $0.01 per point awarded. Page 3 of 3 Fee Schedule Packet Pg. 1309 16.G.1.b Description. Other Exhibit/Attachment Aviation Fuel Supply Agreement ❑■ following this page (containing 7 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Scrviee ngreemem'U?' Ver. I Packet Pg. 1310 F80 Aviation Fuel Supply Agreement 16.G.1.b 5. DELIVERY- EXHIBIT TO FIXED TERM SERVICE AGREEMENT #22-7947 AVlAT10N FUEL SUPPLY AGREEf43ENT GE6NERAI. TFRMS AND CONDITIONS I. PURCHASE AND SALE: Subject to the terms and conditions contained herein, throughout the entire term of this Agreement, Avfuel agrees to sell and deliver, and Customer agrees to purchase from Avfucl and pay for, the Customer's entire requirements for all aviation fuel products (the "Products"). 2. TERA1: THIS SECTION IS DELETED. 3. PRICE AND PAYMENT- 3.1. The price per gallon For Products delivered to Customer shall be as established in Exhibit & Fee Schedule based on the date and time that Avfuel loads the Products into delivery trucks. Prices shall be F.O,B. the Customer's facilities at the Airports (each a "Delivery Address ) and shall be inclusive of all taxes, fees, surcharges and other charges. 3.2. Unless otherwise agreed in writing or otherwise required by the state law where the Product is delivered, the standard unit of measurement of quantities of Products purchased and delivered shall be the Net Gat Ian. The term "Diet Gal Ion" shall mean the volumetric measurement, in U,S, gallons, of a Product actually loaded and measured at the point of shipment, adjusted to the number of U.S. gallons that would have been ioaded at a temperature of sixty degrees Fahrenheit (64°F). The conversion ratio shall be from the current American Society for Testing and Materials ("ASTM") iP Petroleum Measurement Tables. 3.3. Customer agrees to pay in 15 days from the date of invoice for all Products purchased hereunder in accordance with the Florida Local Govemmcm Prompt Payment Aet, Chapter 218, Florida Statutes. 4. TAXES AND O'rHER CHARGES: 4, 1. Customer shall I pay all tares, assessments, Fees and other charges (the "Taxes") which are imposed by any federal, state ar local governmental agency or by any airport authority (collectively, the "Taxing Authorities") based upon the delivery, sale, importation, inspection, storage or use of the Products purchased by Customer, excepting Taxes which are imposcd upon Avfuel based upon its net income or revenues, or where the Customer's state sales tax certificate of exemption applies. 4.2. if the Taxing Authorities collect the Taxes directly from Customer, then Customer shall pay all such Taxes (in or before their due dates. If the Taxing Authorities require that Avl'uct Collect the Taxes from Customer at the time of sale, AvNei will use its best efforu to include all such Taxes in its invoices to Customer and Customer shall pay all such invoices a or be fore their due dates. (In its invoices, Avfucl will identify those Taxes as separale items.) I Customer is entitled to an exemption from any Taxes which the Taxing Authorities require to be collected by Avfuel, then, in order to permit Avfuel not to collect those Tares, Customer shall obtain and provide to Avfucl current and valid exemption certificates relating to those Taxes. If, subsequent to the issuance of any invoice, the Taxing Authorities or Avfuel advise Customer of additional Taxes payable with respect to the Products covered by that invoice, then Customer shall promptly pay such additional Taxes. 43. CUSTOMER ACKNOWLEDGES THAT IT REMAINS SOLELY RESPONSIBLE FOR ALL SUCH TAXES, AND WILL INDEMNIFY AVFUEL AGAINST ANY LIABILITY FOR SUCH TAXES EVEN iF AVFUEL FAILS FOR ANY REASON TO INCLUDE ANY SUCH TAXES IN iTS INVOICES TO CUSTOMER. HOWEVER, AVFUEL WILL INDEMNIFY CUSTOMER AGAINST ANY LATE CHARGES, PENALTIES OR OTHER CHARGES THAT CUSTOMER INCURS IF AVFUEL'S FAILURE TO INCLUDE ANY TAXES IN ITS INVOICE IS DUE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 4A. Customer's obligation to indemnify Avfuel sit all extend to any Taxes which are assessable against Customer as a result of any subsequent change or reintetpre[a[inn of the laws relating to those Taxes or any exemptions from those Taxes and to any Taxes for witich an exemption had been claimed but which are subsequently assessed by Taxing Authorities based upon its rejection of the claimed exemption for the Products or Customer. 5- 1. Deliveries shall he made to the Airports listed in Exhibit A: Scope of Work Avfuel or its authorized shipping agent ("Shipping Agent') shall be provided access to Customer's storage facilities during normal business hours, or at such other times as may be approved by Customer's authorized representative, for the purpose of unloading the Products. Unless otherwise agreed in writing, the minimum delivery of Jet A or Avgas fuel will be a fuI l standard transport tanker load as determined by the maximum allowable Gross Vehicle Weight between the supply point and tht delivery address. Avfue] reserves the right to impose a surcharge for deliveries of Iess than a full tanker load. 5 Delivery shall be into tanks designated by Customer. Such designation shall bt construed as a warranty that die designated tanks and containment areas have beer inspected and approved by the appropriate regulatory agencies. Customer shall be responsible for all unloading operations including the placement of hoses into tht proper storage tanks. Customer shall specifically designate and gauge the available capacity of the tanks into which the Product shall be unloaded, and shall bear al responsibility of spillage or contamination of the Product after it leaves the end o any properly operating hose provided by Avfuel or its Shipping Agent. Access k Customer's tanks shall be furnished in such a manner that Avfuel or its Shippin€ Agent can safely and conveniently reach Customer's storage Facility with the hose: available, and Avfucl or its Shipping Agent may retbse to complete any deliver! which Avfuel or the Shipping Agent determines, in its sole discretion, cannot tx made safely. 5.3, Customer shall be responsible for all demurrage charges assessed by du Shipping Agent for additional time spent at the Delivery Addresstesj_ or an; Alternative Location as set forth in Exhibit B, Fee Schedule. 5.4. Any claim by Customer of any discrepancy in the quantity of the Produc delivered shall be effective only if Avfuel is immediately notified, while Shipping Agent is still present. GIVEN THE. NATURE OF THE PRODUCTS, TIME 1! OF THE ESSENCE WITH RESPECT'1'0 SUCH CLAIMS AND NO CLAIN SHALL BE PERMITTED OR EFFECTIVE UNLESS DELIVERED WITHIT THE SPECIFIED PERiOD. 5. FORCE MAJEURE: Except as provided below, neither Party shall b responsible for any failure to comply with the terms of this Agreement due to cause beyond its reasonable control for the period the effects or such causes continue These: causes shall include but shall not be restricted to. tire, storm, flood earthquake, explosion, accident, acts of any local, state or federal authority or agenq or of a public enemy, war, rebellion, terrorism, insurrection, sabotage, epidemic quarantine restrictions, labor disputes, transportation embargoes or delays, acts o God and unavailability of the Product. For purposes of this Agreement, the [err "unavailable' shall mean that Avfuel, for any reason whatsoever, including but nc limited to government action, reduced or allocated fuel supplies, lack ❑ transportation or the like, is unable to procure and deliver a specific Product Lin commercially reasonable basis within two (21 days of the specific time requested h Customer. in that event, and only to the extent of such unavailability, the Partic hereto shall be relieved of their obligations under the applicable provisions of thi Agreement. if and as applicable, Avfuel will comply with any governmental status or regulation mandating the allocation of available supplies of Products. Th provisions of this Section shall not apply to the failure of Party to pay any monetar amounts when due under this Agreement. 7. LIMITED WARRANTY: 7.1. Avfuel warrants that all Products delivered pursuant to this Agreement will, [ the time of delivery, conform to the then Ialest revision of following spceification! Aviation Gasoline will conform to the ASTM Specification D91(; and Jet Fuel wi conform to the ASTM Specification ❑1655 and Alternative Products will contort to the then current applicable slice ifications. Avfuel retains the right to revise th app)icablc specifications upon written Notice to Customer. 7.2. THE LIMITED WARRANTY STATED ABOVE 1S THE ONL' WARRANTY GIVEN BY AVFUEL REGARDING THE PRODUCT! AVFUEL DISCLAIMS ANY OTHER WARRANTIES, EXPRESS 01 IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIE OF MERCHANTABILITY OR FiTNESS FOR ANY PARTiCULAI PURPOSE,. 7.3. Customer shall sample and test each shipment of Product prior to delivery usin industry standard test pvaccdures. If Customer determines or suspects not conformity then Avfuel must be immediately notified, while the Shipping Agent still present, and the delivery shall not be completed until either Customer accep the Product, acknowledging confonnity or Avfucl replaces the Product_ Custom - will permit Avfuel access to Customer's premises and records during norm. Rev OT 16119 Castomcr's I tit a Page 1 or Packet Pg. 1311 FBO Aviation fuel Supply Agreement business hours and upon four (4)1 Hours' telephonic or written Noiicc to Customer for purposes of investigating any elaim of non -conformity. If it is determined that the Product is non -conforming, Avfuel's sole obligation shall be either (1) replacement of the non -conforming Product with conforming Product, or (2) removal ofthe non- conforming Product and cancellation of the invoice for that Product or refund ofthe amount paid for that Product, as determined by Avfuel. Avfuel will be reasonably prompt in its actions hereunder. TIME 1S OF THE ESSENCE AND ANV FAILURE TO FOLLOW THE ABOVE PROCEDURE SHALL VOiD THE LIMITED WARRANTV. COMPLIANCE W iTit LAWS. THIS SECTION IS DELETED, INDEPENDENT STATUS. THiS SECTION IS DELETED. 10. RECIPROCAL INDEMNIFICATION: THIS SECTION IS DELETED, I1. BREACH AND TERMINATION: 1 1,1. failure of a Party to comply with the provisions of this Agreement shall constitute a breach of the Agreement by the non -complying Parry. Except as otherwise permitted under this Agreement, the non -breaching Party shall provide Notice of that breach it: the other specifing the alleged breach and the period within which the breach must he cured which, except as provided in Section 111, shall be at least ten (i0) business days, or as otherwise set forth in Fixed 'Perm Service Agreement H 22-7947 ("Agreement 0 22-7947". The Party receiving such Notice shall respond thereto in writing within three (3) business days. If the breach is not cured or the dispute resolved in accordance with Agreement # 22-7947's Dispute Resolution procedures, the Party claiming breach, by further written Notice, at its election, may affirm this Agreement and initiate appropriate legal actions to require the other Pam to remedy that breach a may immediately terminate this Agreement. In either instance, the Party claiming the breach may by appropriate legal proceedings seek and secure recovery of any damages resulting firm that breach, l 1.2, The provisions of Section 11.I to the contrary notwithstanding, if the breach is of the Customer's obligation to make a payment to AvNet when duc, then Avfuel may declare all amounts Owed to it under this Agreement immediately due and payable, and Avfuel, in addition to all other rights hereunder, may suspend its performance or terminate this Agreement forthwith and without giving Customer Notice or the oppor milt' to cure. l 1.3. The waiver of any breach shall not constitute a waiver of any subsequent breach of the same or any other term or condition. Any failure of either Party to enforce rights or seek remedies arising out of any breach by the other Party shali not prejudice or affect the tights and remedies of that Party in the event of any subsequent breach by the other Party. 12. FNSIiRANCE: 12,1, Customer shall secure and at its cost shall thcreafter maintain in effect during the term of this Agreement the following insurance and furnish Avfuel a Certificate of Insurance evidencing: (1) aviation general liability insurance, including products and completed operations liability, with limits not less than one million dollars ($1,000.000.00) combined single limit for hod ily injury and property damage; and (2) automobile liability insurance with limits not less than one million dollars ($1,000.000.00) combined single limit for hod ily injury and property damage, (3) workers compensation covering all employees of Customer and (4) physical damage coverage covering the value of any leased Equipment. Insurance policies shall be issued by insurance companies acceptable to Avfuel (whose acceptance may not be unreasonably withheld), shall name Avfuel, or its subsidiary, as applicable, as an additional insured an Nor loss payee, and shall provide for at least thirty (30) days' written Notice to Avfuel prior to canccIIation or modification. Prior to the Effective Date stated in the Summary, and from time to time thereafter as requested by AV fuel, Customer shall furnish Avfuel aCeniricate of Insurance evidencing compliance with this Section. 121. THIS SECTION 1S DELETED. 12.3. Avfucl currently offers to qualifying customers that participate in AvNel's Brand Program ("Branded Dealers") the opportunity to participate in Avfuel's Excess Aviation Liability Insurance Program. To qualify, a Branded Dealer must maintain as its primary insurance coverage an Airport Liability Policy with premises, products and completed opcmdons coy crageor$1,000,000 (combined single limit) issued by an insurer acceptable to Avfuel. This Program currently allows qualifying Branded Dealers, at no charge, to be designated as additional insured parties under an Excess Aviation Liability insurance Policy secured by Avfuel, with excess coverage in the amount of $50.000,000 against claims for hod ily injury or property 16.G.1.b damage resulting from defects in any aviation gasoline and jet fuel that is supplied by Avfuel to the Branded Dealer and resold by the Branded Dcalcr to cad users. To participate in this Program and secure this excess coverage, the Branded Dealci must compietc and submit to Avfuel the required Application and provide to AvNo a Certificate of Insurance canfitming its primary insurance coverage and naming Avfucl as an additional insured. A Branded Dealer becomes an additional insure( under Avfuel's Aviation Products Excess Liability insurance coverage on the date that Avfucl delivers Notice to the Branded Dealer that its Application and Certificate of Insurance have been approved by Avfuel and the excess coverage will ht applicable to occurrences lot Iowing that date. Avfucl reserves the right to discontinue this Program or to require the Customer tt pay a charge for participation in this Program. But in that event. Avfucl will del ive Notice to the Branded Tkaler at least thirty (30) days prior to the effective date a that discontinuance or cost change see that the Branded Dealer has the ability if i chooses to make alternative arrangements. 13. CUSTOMER CREDIT: IN THE EVENT THAT AVFiIEL CHOOSES -TO—DELIVER GOODS OF SERVICES THAT HAVE NOT 13EEN PAID FOR iN FULL BY WIRI AY.'FER PRIOR TO TUE TINIE QF THAT DELIVERY. AVF'11E1 SHALL Rh:_ 'ONSTRUED A5 TIAVINQ EXTENDED CREIMI TC CUSIOiIER A\D TIW TER.%1S AND CONDITIONS IN 'HIS SE[TIOr SHALL APPLY. 13.1. Credit terms may not be used during any period in which the Customer is ii breach of its obligations under this Agreement. In addition to the provisions of Sectioi l I of the General Terms and Conditions, for the specific purposes of this Customc Credit Program, the Customer will be in brcaeh if (a) any amount charged to th Customer's account is not paid in accordance with the agreed upon payment terms: (h if and for so long as the Customer is in breach of any of its obligations under an; Agreement with Avfuel or any of its subsidiaries: or (c) if Avfucl determines that ther is any misrepresentation or breach of a warranty by the Customer under or with respec to any Agreement with Avfuel. Ric credit is Iim'sted to $250,000.00 for this Agrecmcn� No purchase may be made which would cause the total amount owed under thi Agreement to exceed that credit limit. 13.2. Upon tennination of this Agreement, Customer shall have no right to credit term for new purchases. but all obligations incurred prior to the termination. as well as W remedies provided for default or breach, shall survive. if Avfucl, intentionally on intentiona)ly, permits any purchases on credit after terminal ion, then the terms of thi Agmernent shall pertain to those charges. 13.3. Subject to the approval by Avfuel at its offices in Michigan, all purchases b Customer for which Avfuel does not receive payment at or prior to the time ❑ delivery to Customer shall be charged as principal to Customer's account. Avfu( may require Customer or Customer's authorized representative, as a condition c delivery or at any lime thereafter, to give receipt for all deliveries in writing and t sign sales slips and other documents in Avfucl's opinion necessary to record c substantiate any or all transactions resulting in a charge to Customer's account. 13.4. Avfuel shall 'invoice Customer for all Products delivered to Customer or t Custonmr's designees. Invoices shall include the selling price of the Product delivered, taxes, duties, and any other charges as separate line items. Each invoic will be payable in full on or before that due date specified in that invoice. 13.3. Unless otherwise delcrmirted by Avfuel in its discretion, all payments reccivc will be applied by Avfuel (subject to collection of remittance ifodic r than cash) III to the unpaid principal balance owed upon sue account in direct calendar order t due date. 13.6. Customer agrees to pay to Av FucI upon demand a fee of $50.00 for each cheel draft or other form of remittance that is not honored by the drawee upon du presentment by Avfuel or its agents. 13.7. From time to time, Avfuel may send Customer a statement orcustomees am for Customer's information showing in summary, or in such detail as Avfuel may de appropriate, current transactions Avfucl posted toCustomds account to dale thereof, amount of interest (if any) which has accrued, and the balance owing thereon; howet the failure of Avfuet to furnish any such statement shalt not relieve Customer of obligation to make payment against invoices when due in accordance with the of terms of this Agreement. Customer agrees to review nit statcments promptly al receipt, and shall have filtecn (15) days from date of receipt to notify Avfuel in writ of any discrepancies. Irno such Notice is given, such statement shall be conclusiv presumed correct. 3 Q Rcv 99/10/19 Customers Inm;i: Page 2 of 7 Packet Pg. 1312 1;fit) AvtaIian Fuel Supply AgreeaienI 13 8 In the event that any invoice is not paid in full by the due date the unpaid amount of the invoice shall bear interest in accordance with Chapter 218, Florida Statutes. Notwithstanding anything to this Agreement to the contrary. Customer shall never he obligated to pay and Avfuel shall never be Lmllided to receive any interest upon any indebtedness incurred by Customer pursuant hereto in excess or the maximum contract rate of Interest authorized by applicable law for business purposes, and it is expressly understood and agreed Ihal if Avfuel shall render any charge for the payment cif usurioits inlerest, such charge shall he automatically and unconditionally reduced to the maximum non usurious amount, and the excess, it' paid, shall he applied as credit to Cusommer's account ifsuh application results In a credit balance in Customer's said account, such hnlance shall he refunded In Cumom ernr applied to the next due amount in such acccant as CustomcrshalI direct. 13 y. if, at any time during the term of this Agrectnem the financial responsibility of Customer becomes impaired a unsatisfactory to Avfuel, in [he sale ,iudgnient or Avfuel_ Avfuel, crfeclive immediately upon deirvcn- of Notice to Customer. may require the advance cash payment or other security satisfactory to Avfuel for any shipment of fuel and shipment may he withheld until such payment or security Is received. i? 10. For the purpose arsccLoring a payment are]I indebtedness ufCuslomerto AvFuet from time to time outstanding (including, without limitation, any amounts due undcs this Agreement or any other agreement or instrument between Avfuel and the Customer) grants to Avfuel a purchase money security interest in and it) all of Customer's Inventory of the Products purchased from Avfuel. Customer warrants that the purchase money security interes, granted herein is and shalt remain superior to any other security interests granted by Customer In any other entity For so long as this Agreement rs I efTcet, all of Customer's inventory of aviation fuels will he presumed to be Products purchased pursuant to the Agreement and subject to She purchase money security imeresI gran led by this Agreement. Cuslomer hereby authorizes Avfuel to sign and record all financing Statements and other instruments wluch Avfuel may reasonably require in order to create, perfect and continue in tierce said secuntw Interest and first priority lien. Customer authorizes Avfuel ito file a [rue copy of this Agrcemen( in Iteu of any financial statement. The rights and obligations at' AVltic I and the Customer under and with respect to the security interest and first priority lien created by this 5ec;win shall he interpreted in accordance with the uniform Commercial Code in effect in the stale of die BiIIing Address ofthe Cus turner as staled in the Summary. 14, C'RE DI'I, CHARGE CARD. AND PA't'hIEN'T ACCEP'i'ANCE: 14 1 Customer is participating In Avfucl's Credit, Charge Card, and Payment Acceptance Program ([line "Payment Acceptance Progralri'1 Accordingly, unless otherwise agreed to venting. Customer must use Avfuel's platform and gateway for all its payment processing needs and Customer shall hnnor any valid creditor 4harge card or other non -card based payment modality listed as accepted in the most current Acceptable Card and Payment List ("ACE.") issued by Avfuel and published from time to time on its website at Avrmtel.com (tire "Accepted Cards") for the purchase by the party to which that cardlpayment method is issued (the "Cardholder") oil' products and services if the purchase has been specifically approved by Avfuel. To Ilie extent that a non -card payment modality is not listed among tine Approved Cards on the ACL. Customer chat[ be allowed to process such payment outsido: of AvfueI's gate ■vay until such payment modality is included among the Approved Cards on flu ACI. 14' Customer shall prepare a voucher for each transaction (a "Card Transaction") with an Accepted Card (a "Voucher') and shall promptly submit that Voucher to Avfucl The term "Voucher" means an electronically prepared credit card slip or ether written record of a credit sale in foci acceptahle to Avfuel that has been 1'uI ly completed by Customer and tar which Customer is retaining a copy signed a person authorized In use that Accepted Card (an ",Authorized User"1. Each Voucher must be submitted clectmnically by means of an approved point of sale machine or point or sale software system (a "POS Device') in accordance with the instructions contained in the then current edition of Avfucl's Manual that can be viewed or downloaded at Avfuel's website at Avfucl.corn or according to the approved point ofsale software vendors Instructions. In all Card Trunsnetions. the Cuslomer is responsible for making sure that the card presented is an Accepted Card and is not expired and that the person signing the Voucher is an Authorized User. In Card 'transactions where the Voucher is first prepared manually, (lie Customer is also responsthle to make sure Thal the Voucher is complete and legible. I r imprinted and hand written amounts on a Voucher do not agree the lesser amount shill be presumed to be correct. The Customer shall make a manual imprint of all cards electronically processed bit requiring that the card number he entered manually, in order to prove that %lie card was present at the time ofsalc "Promptly" means batches ul' Vouchcr% should be submitted (settled) at least once per day and by 11:00 PM Central rime but in no case any less frequently than once every 72 hours. Customer must keep cupics of signed Vouchers and summaries Or a pc rind of seven (7) years and supply Avfuel with duplicates if requested. Manual Card Transactions are for pre -arranged 16.G.1.b emergency processing only and are not aCCeplCd tinder must circums tcs I- u discount rates apply lb manual Card 'I-ransactInns and electronic Card rransactions not settled and received daily by 1 I pm Central Time. 14.3. Upon receipt from the Customer of a property prepared and price: Vouchers. Avfuel shall cm its normal schedule. remit to Cuslomer ar. as Avfuel I elect. credit Uustomer's fuel purchuse account ■with Avfuel, in an amoutn equal to total face annount of all such Vouchers less such discounts as apfit icahlc accorc to Avfuel's then current Accounts Receivable Discounts Schedule (" ARDS") iss to Customer by AvFitei and subject to adjustments and chargchacks as provide Section 14.7 below and less any fees For AVTR1P point awards. In addition to lien rights which Avfuel mighI otItcnvisc possess as a result al'serviccs provide the Cardholder. upon Customer's receipt of -the payment or Credit frcmr t■ I've) the Vouchers generated from the Customer's sales to that Cardholder, the C ustto ailloinatically and irrevocably transfers to Avfuel any lien rights that Customer or may hnve ■■ith respect to any property owned by the Cardholder art sIiti! from Card Transaction(s) for which Illow Vouchers were issued. Avf iel's�ARD' subject In change upon five (5) days prior wrilten Notice 14.4. Cusu+mer acknowledges merchant processing instructions toed rules regulations established by the issuers of the Accepted Cards (the "[%suers") in Issuers' wehsites that are Included in or referenced in Avfuel's website Avrutl.coln and agrees to abide by these instructions, rules and regutalions updated from little to time by the Issuers Furthermore, Cuslomer agrees to Corr with all Data Security Standards and Data Security Policies of the issuers -PC 1) DS OP Requirements") and ccrtifres to Avhicl that it is Arid will condone tr compliant with those PC'IIDSOP Requirements. 'Io the extent limited by law snvereign entity. Customer shall defend, indemnify and hold harmless Avfuel its credit card processor from any claims based on Customer's non-compliance r Customer's comin time nts in this Sectinn including but nest limited to penalties, oil and any costs incurred m responding to any action alleging such nun-cnnrptim Customer understands that failure to be fully compliant with the I'Cl/DS Requirements may result in loss of right to process Curd 'I ransaction under Payment Acceptance Program, 14.5 Customer acknowledges receipt of, and agrees to observe. Avibel's cur instructions for recording rind processing Card Transactions that are includee Avfitel's website at Avfuel.com. Avfuel reserves the right to amend anv and Instructions in its website and to add new instructions to its ■■chsitc from time time. and Customer agrees to be bound by all such amend menIs and new inslruClii Avfuel also reserves the right to issue new or revised 1'nnns. POS Machtic 5. softy and impriruers from lime to time_ and to issue Iitstructions regarding their use it effective upon live (S) days prior written Notice. 14.6. Customer shall by solely habie and responsible for charging :aid subtiegt remittance of ail taxes to the piper anthorILies for all Card Transaction regardics whether charged to purchaser. Avfuel does not assume any respnnsihili[y for setup. ta.% rate. reporting or payment of any tax applicable to sales or o transactions resulIIng in credit card accounts rcceIvabIC and C uslorier shall deli indemnify and hold harmless Avfuel from any such claims. CUSTOMER SOLELY RfSPONSIBLi, FOR k.NMI[NG THE TAXES THAT Mum - CHARGED FOR FACT] CARD TRANSACTION AND FOR PROPER SLT FOR TAXES IN ANY ELECTRONIC SYSTEM AND THE MAiNTLNANCE THAT ELECTRONIC SYS'HM. 14.7 Without limiting the generality of other provisions of this Agreement tr Avfuel's ■vebstle at Avruel,com pertaining to charge backs. it is specific understood and agreed that Avfuel may decline to accept or. it' accepted, I subsequently charge hack to Customer any Vouchcr: 14 7 1. Where any of the required information Is omitted or illegible 14.7.2. That is Imprinted or processed with an expired credit card; 14.7.3. Covering a purchase not authorized by the Cardholder or involving frau any misuse or a credit card by the purchaserwith or without Customer's knowlc( 14.7.4. Covering it transaction that has ant been authorized by AvFuci or does n cam a valid authori►.atioa code; 14.7.5 Covering a transaction or series of relaled transactions (constituting in reasoil all lc cop iion oI'AvfiteI a single sale Iran sactiun] the aggregate face amour that exceeds any ofthe single sale limitations to which the parties hereto may ag 14.7.6. That becomes the subject of a dispute between Customer and C urdlull including but nil limited to cases where the Cuslomer did not conspicuously per its facility and print on a work order signed by the C ardhol der the Customers re, policy for goods and services. Rev 09.!1arl9 Cwwmers lw, Page 3 of 7 Packet Pg. 1313 16.G.1.b FBO Aviation Fuel Supply Agreement 14.7.7. Where the Authorized User has not received a copy of the Voucher; 147.8, For which Customer has received or will receive any payment or reimbursement from any person other than Avfuel; 14.7.9, Where Customer has granted any right of ownership or security interol to any person other than Avfuel unless [hc invoice is accompanied by it written waiver ofsuch mteresl: 14.7.10. Presented by Customer to Avfuel more than ten (ln) days after the transaction date, 14.7 11. if the Card Transaction occurred or was settled after the date of expiration or lenoinatian ofthis Agreement: 14.7,12. Created by any person other than Customer, or in any transaction other than a Card Transaction in which Customer has sold merchandise or services to a purchaser presenting an Accepted Card for use in payment for that Card Transaction: 14.7.13. That are charged back to Avfuel or rejected for processing by an issuer or processor for any reason at all; or 14.7.14. That in any other manner does not conform to this Agreement or with Avfuel's or Issuer's instructions ftrr recording and processing Card Transactions in its website at Avfuel.com. 14.7.15 Where Customer has processed a post authorization transaction with no authorization, a fake authorization or an authorization received from anyone rather than the company issuing the card 14.8. in the event that a charge back exceeds the credit balance in Cuslomer s fuel purchase account then curried by Avfuel, Customcr agrees to pay such excess within three (3) days after notice that such excess is due. Upon reimbursement, title to the Vouchers) thru include such excess and the indebtedness represented thereby (to the extent of such excess) shall pass to Customer. if any funds come into AvfucI's possession fur any voucher that has previously been charged back to Customer, Avfuel will promptly credit the full amount thereof to Customer's account. Avfuel's charge back rights and rights of recourse against Customer shall survive the termination of this Agreement. 14.9. Crash advances may not be charged on any Accepted Card and charges for fuel in Vouchers shall only include chargcs for fuels from stocks delivered by and purchased from Avfuel. 14.10. From time to time. Avfuel will send Customer a Credit Card Remittance Summary for Customer's information showing in such detail as Avfucl may deem appropriate the Card Transactions and amounts that have been credited to Customer's account or paid to Customer during the period since the last report. The failure of Avfuel to furnish a Summary shall not relieve Customer of any obligations under the Payment Acceptance Program. Customer agrees to review all such Summaries promptly after receipt. In any event, Customer shall be solely responsible for making sure that it has received proper payment for each Card Transaction submitted. Customer shall have forty-five (45) days from the date of a Card Transaction to provide Avfuel Notice dial the Card Transaction has not been properly accounted for or that payment has not been received if no such Notice is given, such Card Transaction shall be conclusively presumed to have been settled and closed. I& ASSIGNMENT: THIS SECTION IS DELETED. 16. NOTICES: THIS SECTION 1S DELETED. 17. PROGRAI$1 PARTICIPATION: 17.1, The provisions of these General Terms and Conditions will apply to the BRAND PROGRAM, AVTRIP PROGRAM, AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM, CONTRACT FUEL PROGRAM, and EQUIPMENT LEASE PROGRAM that are described in the subparts below (such a "Program") exeept to the extent these provisions are incons islent with the provisions in the subpan describing that Progrant. 17.2. il'the Customer participates in any Program, whether by formally electing to participate in that Program by selection in the Summary or by informally electing to participate in that Program by taking part in the benefits of that Program, the Customer will he bound by and subject to the provisions in the subpart relating to that Program, as supplemented by the provisions of these General Terms and Conditions. 17.3. Avfuel reserves the unilateral right to amend, suspend, or terminate any Program at any lime effective upon written Notice to the Customer. Termination of Customer's participation in any one Program shalt not be construed as terminalin€ the Agreement or Customer's participation in another Program. 18. EXCLUSIVE JURISDICTION: THIS SECTION IS DELETED. 19. EXCLUSIVE GOVERNING LAW: THIS SECTION IS DELETED. 24. SEVERABILiTV: In the event that any court of competent jurisdiction shal determine that any provision of this Agreement shall be unenforceable, then tho provision shall be deemed to be null and void and the remaining provisions herce shall remain in full force and cllect. 21. ENTIRE ACRE EM ENT/AMENDM ENTS: This Agreement, including ail o its parts, sets forth the entire agreement between Avfuel and Customer with respec to the subject. matter hereof and there are no other terms or conditions, oral or written express or implied, relating to or otherwise affecting such subject matter. No tern or condition ofthis Agreement shall be changed, supplemented, can cc [led cr waives tin Iess in writing and signed by both Av€ueI and Customer. Avfuel reserves the righ at any time and from time to time to amend these General Terms and Conditions ant the Programs. BRAND PROGRAM: 1, Customer has been invited and has elected to participate in Avfuel's Bran Program. Accordingly, Avfuel hereby licenses Customer as a dealer ("Brando Dealer') to use Avfuel's Brand Names and Trademarks subject to (lie provisions st forth herein. All trade names, trademarks, service marks, logos and oche commercial symbols that Avfuel either owns or has the right to sub -license (th "Intellectual Property") shall be and remain the property of Avfuel. Further all sign: decals, graphic materials and other tangible property supplied by Avfuel which hea or are imprinted with any of the Intellectual Property or are used to imprint or dispIa the same (the "Branded Property") and all rcplaccmenis thereof shall be and remai the property of Avfuel. Any use of the IntcIIectual Property or the Branded Pro pert by the Customer otherwise than as expressly authorized by this Agreement is lie reb expressly prohibited. Upon termination of Customer's participation in the Bran Program Customer shall, at its expense, de -install and return to Avfuel a sal vngeable signage and ietum or destroy all other items that identify Customer as branded Avfuct dealer. 2. Avfuel agrees to supply to Customer, for Customer's use and possession durin the term of this Agreement such signs, decals, and other graphic materials as Avfue deems necessary• in order to identify Customer as an Avfuel Branded Dealer• Unlc� otherwise agreed in writing, Avfuel will hear all costs of such materials. 3. Customer shall be responsible for obtaining all necessary permits and ft installation of all Branded Property inet adino (without limitation), and shall mak sure that all installations shall comply with all brand specifications and with a applicable state and local codes. Ordinances and governmental regulations (if any No sign age shall be installed so as to he co me a fixture upon real property. The u, of color schemes and Intellectual Property painted an facilities and equipment owne by Customer or others and used in the conduct of Customer's business, shall comps with particular and displayed specifications. Customer shall be responsible ft maintenance and upkeep of Branded Property and Paint-ons, and agrees to keep an mainlain the same at all limes in a good, clean, safe, operative and first-cla condition, neatly painted and disp)ayed. if any of such installation or maintenanc is performed by Avfuel, Customer agrees to remit upon demand all costs thereo including (without limitation) all expenditures for labor, materials and the like. any Branded Property is damaged, lost or destroyed white in Customer's us, possession or control, or irCustomer shall deliver any ofsuch property to anyor not herein expressly authorized to use or possess it, Customer agrees to repai reeaver or replace such property forthwith, at Customees expense. 4. Customer shall keep all Branded Property insured at all limes against loss, tltel fire a physical damage, up to the full replacement cost thereof, designating Avfu as the loss payer:. The Customer shall pay when due all personal property taxes ar assessments assessed against the Branded Property, il'applicable, and shall ncith- sulTer nor permit any lien or encumbrance or any attachment against any of sum Branded Property. S. Customer agrees that it will not use or display any Branded Property 1 Intellectual Property: {a) in a manner which causes or is calculated to can: confusion among patrons of Customer or the general public as to the typ characteristics. quality, manufacture or sponsorship of any fuel or other prudu,,o Rev 09110119 Customer s main Page 4 of 7 Packet Pg. 1314 FSO Aviaoon Fuel Supply Agreement which Customer offers for sale; (b) for the purpose of selling or promoting the sale of aviation fuel other than fuels supplied by Avfuel; or (c) far the purpose of seIIing or offering for sale any product which has been diluted or adulterated, whether intentionally or not. Customer further agrees that it will at all times maintain its facilities and conduct its operations in compliance with those standards and procedures established from time to time by Avfuel and applicable to aviation fixed base operators displaying any of the Intellectual Property. Such standards and procedures may include (without limitation) image quality standards for the brand displayed, quality control and refueling procedures for products bearing such brand, and standards for services offered and facilitics utilized by Customer in conjunction with such products. Avfuel may, but shall be under no obligation to conduct periodic tests and inspections as it may deem appropriate to evaluate compliance with this Agreement. Copies of all test and inspection reports shall be given to Customer. It is cxpressfy understood that the purpose of any such tests or inspections is to assist Customer in complying with the standards set for a Branded Dealer. By performing such tests or inspections Avfuel assumes no responsibility for Customer's failure to comply with the Standards or for safety hazards, latent or patent, created or maintained by Customer. If Avfuel determines, in its sole discretion, that Customer is or has violated this provision, then Avfuel pray suspend or terminate Customer's right to use Avfttel'5 Brands and or Trademarks. AVTRIP PROGM*,M- 1. Customer has been invited and has elected to participate in Avfuel's AVTRIP Program a marketing incentive program intended to reward pilots who choose to purchase fuel and services from participating Avfuel dealers. 2. Customer will: 2. I. Use its best efforts to enroll pilots in the AVTRIP Program; 2.2. Award all pan icipating pilots two AVTRIP Points for each U.S. gallon of fuel purchased from Customer and, at Customer's discretion, a minimum of one point for each U.S. dollar, or part thereof, spent by it participating pilot for pans and services at Customer's facilities; 2.3. Pay to Avfuel, by deduclion from amounts duc to Customer or in cash if no amounts are due Customer, $.01 for each AVTRIP point awarded over standard points which is 2 points per gallon (Avfuel pays cost of first 2 points on fuel purchases when points are awarded.) 2A4 Maintain complete records of all points earned by participating pilots; 2.5. Train its personnel in the operation of the AVTRIP Program, and prominently Post written materials relating to AVTRIP in and around its facilities in order to encourage pilot participation in the program; and 2.6. Promptly send ail enrollments to Avfuel so that the enrollee can be added to the list of AVTRIP participants. Not less frequently than every two weeks, Customer will send Avfuel copies of at records pertaining to points earned by pilots that have not been previously reported via POS transmission, and remit to Avfuel all sums due hereunder 3. Avfuel will: 3.1. Act us the administrator ofthe AVTRIP Program: and 3.2. Include the AVTRIP Program in its local, national and international marketing and advertising e[Torts us it deems appropriate to encourage pilot participation in the AVTRIP Program. 4, The price charged to any pilot for fuel, pare or service shall not be based on whether a pilot participates in the AVTRIP Program. 5, Avfuel reserves the unilateral right to amend, suspend, or terminate the AVTRIP Program at any time effective upon written notice to the Customer. Avfuel also reserves the right to terminate any individual's participation at any time for misuse of the AVTRIP card, violation of the rules of the program, or inactivity for a period of twelve (12y consecutive months. Customer may withdraw From this Program upon ninety (90) days' Notice to Avfuel, Termination of Customer's participation in this Program shall not be construed as terminating the Agreement or Customer's participation in any other program. 16.G.1.b CONTRACT FUEL DFALIER PROGRAM: 1, Customer has been invited and has elected to participate in Avfuel's Contrac Fuel Dealer Program (the "CFI] Program"). Accordingly, Customer agrees to sel and deliver to cl Tents who participate in Avfoe I *s Contract Fuel Program {the "CFCs or a CFC" as the context may requircy aviation fuel supplied by Avfuel and oche products and services supplied by the Customer. A CFC is a person or entity the has executed a Con tree t Fuel User's Agreement with Avfuel or that is specificalI: authorized in writing, in accordance with authorization procedures established iron time to time by Avfuel, and is included in a listing ofpurchasers eligible to purchas, aviation fuel and other products and services under the CFD Program. The Custome will secure authorization from Avfuel before completing a sale to a CFC and th failure to obtain such authorization may result in Avfuel's dishonor of the invoiu for that sale. 2. Subject to agreement between Customer and Avfuel, Products supplied hereundc shall be supplied from cither Avfuel inventory on site or from Customer inventor} If, as a convenience to Customer, Avfuel maintains inventory at Customer's facilii: then Customer agrees to the CoIIowing� (a) if Avfuel's inventory is held separatety is a segregated storage facility, Customer will withdraw fuel from that facility only It supply authorized CFCs and (b) if Avfucl's inventory is cominglcd with th inventory of the Customer {and, if applicable, third parties) in unsegregate. facilitics, Customer will not use or permit others to use Avfoe I's inventory to suppl: parties other than authorized CFCs and to that end Customer shall not at any tint make or permit withdrawals from tlrat facility that would reduce the fuel in suc. facilities below the level of Avfuel's inventory (and, if applicable, the inventories a third parties). Customer shall measure Avfuel's inventory and reconcile IN inventory on an ongoing basis. Reconciliation reports, in a form satisfactory t Avfuel, shatI be delivered to Avfuel no later than the 5" day following the end e each month. If Avfuel's inventory is commingled in an unsegregated storag facility, gains and losses shall be allocated proportionally to the parties sharing th storage iaci11ty based on receipts of fuel during the month and loses shall be Iimile to no more than'Ia°/a of total receipts for per arm um. Book invcntory shall be adjusle to coincide with actual inventory each month. Unless the Products are contaminate by an act or omission of Dealer, Avfuel w i I I be Iiable i1'lhe Products do not con fort to specifications, if the Products are supplied from the Customer's inventory, th Customer will be liable if the Products do not con torm to specifications. Customs shall maintain Avfuel's inventory level in accordance with Avfuel's goidcIines an shall specify when ordering fuel whether that fuel is for Customer's or Avfuel' inventory (which is subject to approval by Avfuel). 3. Under the C F D Program, a]I aviation fuel delivered by the Customer to a CFt will be deemed sold by Avfuel and will be at the prices and terms independent) established between Avfuel and the CPC If Avfuel maintains an inventory t aviation fuel at the Customer's facilities, then aviation fuel supplied by the Customt to CFCs will he drawn from Avfuel's inventory. If Avfuel does not maintain a inventory of aviation Fuel at the Customer's facilities, then aviation fuel supplied t a CFC is drawn from the Customer's Inventory and Avfuel will account for the aviation fuel by issuing a credit to the Customer equal to the Customer's cost forthi aviation fuel, including nppIicable taxes. based upon the Customer's cost for the la Ioad of aviation fuel purchased from Avfuel prior to the date of supply to the CFC. 4, The charges for all aviation rue] supplied to the CFC will be payable solely t AV fuel. Avfuel will be responsible for collecting and remitting any taxes impose thereon by any local, state or federal taxing authority. Avfuel will invoice and collet those charges and taxes From the CiC. Avfuel, as the seller of all aviation ful supplied to the CFC, will be the holder of and have the sole right to exereise at tic rights under applicable law on the uircraR into which that aviation fuel is supplici In addition to any lien rights which Avfuel might possess as a result of scrvict provided to a CFC, upon Customer's receipt of the credit from Avfacl for tf vouchers generated from the Customer's deliveries of fuel to that CFC, the Custom+ automatically and irrevocably transfers to Avfuel any lien rights that Customer ht or may have with respect to any equipment or other property owned by the CF arising from such deliveries of fuel. 5. In all sales of aviation fuel drawn from Avfucl's inventory, title to that aviatic Fuel will be retained by Avfuel until the point in time that the aviation fuel ento. into the aircraft of the CFC. at which point in time title will pass to the CFC. In a sales of aviation fuel drawn from Customer's inventory, title to that aviation fuel wi be retained by the Customer until the point in time that the aviation fuel enters in the aircraft of the CFC, at which point in time title will pass instantaneously first Avfuel and then to the CFC. The risk of loss or contamination of aviation fuel wi be bome at each point in time by the party who or which holds title to that aviatic fuel at that point in time. If, while Avfuel holds title, any aviation fuel is lost + contaminated as a result of the acts or omissions of the Customer, then the Custom will be liable to Avfuel for that loss or contamination. Rev 09110/ 19 Cusumrr's tniri Page 5 or 7 Packet Pg. 1315 F134 Avialion Fuel Supply Agreement 6. The into -wing services provided by the Customer in delivering the aviation fuel to the CFC and any other services or products other than aviation fuel to the CFC for which a fee is charged will be deemed sold by the Customer to the CFC. The Customer's fees to CFC's for into -wing services will be at a charge equal to the lowest charge imposed by the Customer to any other pit rchaserofavlation fuel at the F130, less the discount that would be applicable to that charge under Avfuel's Payment Acceptance Program (in that Avfuel will incur the discount in collecting that charge firm the CFC). All othc r sery ice s and products will be supplied at the Customer's normally established rates. Such other products may include, without limitation, lubricants, spare parts, food and other amenities. Such other serviees pray include, without limitation, flowage fees, tie -down services, catering services and similar scrvices that expedite deliveries and facilitate arrangements for the CFC. No cash advances will be permitted as "other products or services". The Customer will supply all such other products or services as an independent contractor to the CFC and not as an agent or a subcontractor of Avfuel. 7, All other products and services that are supplied by Customer to CFCs will be provided in accordance with pro educes and quality standards that are commercially reasonable and that comply with all legal requirements in the jurisdiction where the Customer's racititics arc located. Customer will be solely liable if such other products and services do not conform to such standards, procedures or requirements. S. The charges for all other products and serviccs supplied by the Customer to the CFC will he payable solely to the Customer. The Customer will be responsible for collecting and remitting any taxes imposed thereon by any local, state at federal taxing authority, if applicable. Customer may directly invoice and collect such charges from the CFC. Alternatively, at the Customer's option, Customer may assign to Avfuel Car collection the account receivable from the CFC for other products and services supplied by the Customer (a "CFC Receivable"). If the Customer assigns a CFC Receivable to Avfuei, then Avfucl will issue a credit to the Customer's account for the amount of that CFC Receivable and Avfuel will thereafter invoice, collect and retaia those charges from the CFC. 9. Any fees for any services supplied by the Customer in the delivery of aviation fuel to a CFC, including, without limitation any flowage fees or into -wing fees, will be earned by the Customer only after it has completed delivery of the entire load of aviation fuel into the aircraft of the CFC and title to that aviation Fuel has passed to the C'FC. Initia$ into -wing fees are established by the Customer, subject to the "most favored customer' provision in Paragraph 6, Customer may change those fees upon seven (7) days written Notice to Avfucl. 14. Customer will generate an electronic written record (a "Ticket") of all aviation fuel supplied to a CFC at the Customer's facility. Each Ticket will include the following information: the CFC's name; the authorization number; pilot's name; aircraft registration number; flight or I number provided by the CFC if applicable, transaction date(sj; and type and quantily of fuel products provided, as measured in U.S. gallons, In addition, if the Customer assigns to Avfuel the CFC Receivable for other products and serviccs supplied by the Customer to the CFC., the Customer will include in the 'fiekel the type and quantity of such other products or services and the charges payable by the CFC Tor such other products or services. Any charges for such other products or services must be separately stated and clearly identified as fees charged by the Customer that are separate from and independent of the amounts charged by Avfuel for aviation fuel. The pilot or other responsible representative of the CFC shall sign and be given a copy of the eompleled Ticket. 1 t, The Ticket (or all in formal ion required to be shown on the Ticket) for each sale to a CFC shall he delivered to Avfuel by POS Transmission within twenty-four (24) hours following the completion of that We. The original Tickets shall be kept on file by Customer fora period of five (5) years from the invoice date and will be sent to Avfucl upon request, Avfuel will from time to time provide Customer with instructions for processing these transactions and may provide the forms for doing so. Avfuei reserves the right to change these procedures upon seven (7) days written Notice to Customer. 12. The total amount due with respect to each 'ticket shall be paid or credited to Customers by Avfuel within ten (14) days following Avfuel's receipt of the Ticket. 13, Except as provided herein, all Tickets will be accepted by Avfucl without recourse. The exceptions are: a) Customer warrants the validity of all charges, and any charge that is disputed by the CFC, correctly or incomecily, on grounds that the charge is invalid or inaccurate ur that the aviation fuel, products or services supptied were unsatisfactory, not performed or not delivered may be charged back to Customer at Avfucl's option; b) charges not previously authorized by Avfuel may be charged back to Customer at Av Fuel's option; and c) any Ticket that is incomplete, illegible, or is otherwise not prepared in accordance: with Avfuel's processing instructions may be charged back to Customer at Avfuel's option. 16.G.1.b E iD f IP111ENT I I S E PROGRAM, 1. Customer has elected to participate in Avfuel's Equipment Use Program Accordingly, Avfuel, either for its own account or through one of its subsidiaries agrees to deliver for Customer's use the equipment identified in Exhibit C Additional Negotiated Iterns, # 1, (the "Equipment") To Customer for its sole use. Ir the event any additional equipment or replacement equipment delivered to Customs for its sole use but not listed in Exhibit C: Additional Negotiated Items, # 1, shall eels( constitute Equipment subject to the provisions of this Section. Unless otherwise agreed the temr of the Equipment Usc areach item of Equipment shall correspom to the term ol'Fixed Term Agreentent 422.7947. 2. Avfuel will pay the costs for the transport of the Equipment from the Avfue facility to the Customer's facility. 3. Customer shall inspect the Equipment and shall make written notes as to and defects that are observed. A copy of all such notes shall be fared or emailed u Avfuel within forty-eight (48) hours after the Equipment is delivered to thi Customer. The failure to maize and deliver those notes within that period wil constitute the Customer's acknowledgement that there were no defects in the Equipment at The lime delivered to the Customer. $. Avfuel warrants that it has all necessary rights to lease said Equipment u Customer. Further, the parties agree that as between themselves, Avfuel has title tt the Equipment and Customer shall keep the Equipment free of liens and shall not do or permit anything to be done that will prejudice the title of Avfuel, or it's rights it the Equipment. Each item of Equipment shall bear a legend denoting it as th, property orAvfuel and Customer shall nat remove or de race that legend under an, circumstances. Customer also agrees and understands that Avfuel may file sucl evidence of its ownership of the equipment as may be necessary in the state when the equipment is located. 5, AVFUEL MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING DEFECTS IN MATERIAL, WORKMANSHIP, DESIGN CAPACITY, MERCHANTABILITY OR FITNESS OF THE EQUIPM]ENi FOR ANY PURPOSE, OR WHICH EXTEND BEYOND THE DESCRIPTIOT OF THE EQUIPMENT THAT APPEARS IN EXHIBIT C: ADDITIONAI NEGOTIATED ITEMS. 6. Any of the Equipment that is used to store or transport Products shall be use solely for storing or transporting aviation fuel supplied to Customer under thi Agreement. 7. The Equipment is not licensed or titled for use on public roads. The Equipmer shall not be moved from the facility to which it was delivered nor opernted on an public road without the prior written consent of Avfuel. S. Customer will comply with all laws, ordinances and regulations applicable to lh possession, operation or use ofthe Equipnwni and will demonstrate compliance upo requesL 9. The maintenance obligations with regard to the Equipment are as follows. 9.1 _ Except as set forth in Section 9.2 below, Customer will maintain the Equipmer in as good a condition as it was on the day of delivery, normal wear and tear excepte( Customer shall, at its sole expense, provide all preventative maintenance (includ"in but not limited to lubrication, oil and engine filter changes, etc.), rolable and we; items necessary to preserve the Equipment in good operating condition and i compliance and in conformity with all laws, rules, regulation, and industry standard which are applicable to ;Ire operation or the Equipment. Customer shall also h responsible for and all tire maintenance, repair, and rep IaecmenL CHANGING . TIRE ON A REFUELER TRUCK 1S VERY DANGEROUS AND MUST NO BE ATTEMPTED BY UNTRAINED PERSONNEL. CUSTONTFR AGREE. THAT 1T IVI LL F L R M IT TIRES TO BE CHANGE1) ONLY BY AN OUTSID CONTRACTOR WIIO IS PROFESSIONALLY TRAINED TO DO SUCI WORK. Customer shall keep complete and accurate maintenance records an Avfuel is entitled to inspeeT the Equipment and the maintenance records at any lien during re So I ar business hours. At Avfuel's option, any item of repair or nraintenant that would he the responsibility of Customer may be performed by Avfuel and bilIt back to Customer. Customer shall not make any alterations or modifications to I Equipment of any kind including but not limited to painting, mounting of radios o antennas, applying decals or lettering without the prior express written consent i Avfuel. 9.2, Avfuel shall be responsible for the following refueler truck repairs when, in i opinion, repair is necessary: overhauls or replacement of the engine, transmissioi differential, belly valve and any other repairs that are not the Custome Rev 0911 a 19 rusmmer': mist r - -- Page b of 7 Packet Pg. 1316 Ff3D Aviation Fuel Supply Agrecmcml 16.G.1.b responsibility in 9.1. AvNel shall he permitted access to the Equipmem at any reasonable time in order to perform the repairs and modifications, which are its obligation hereunder. Repairs and maintenance to be performed by Avfuel shall be eompie ted within a reasonable time after it Icams of the need for such repairs. Av fuel assumes no responsibility for loss of use or any other items of ancillary damage, which may be caused by, or result to Customer by reason of the fact that the Equipment becomes inoperahIc, If any such repair or maintenance is required as the result of intentional conduct, negligence, or failure to perform repair or maintenance on the part of Customer or any oFCustomer's agents or employees, Customer shall > he liable for all costs associated with performing such repairs and/or maintenance. t7 10. If applicable, Customer shall be responsible for all Federal, State, and local taxes, fees, etc. that are assessed on the use or value of the Leased Equipment, includingbut not limited to, personal ro crty, sales, and use taxes. p P P N 11. Customer shall secure insurance against any damage to or loss of the Equipment to t with covcragc equal to the actual cash value of the Equipment and with the limitation L of that coverage not less than the amount specified for that Equipment io the Special Terms and Conditions, insurance policies shall he issued by insurance companies tl acceptable to Avfuel (which acceptance may not be unreasonably withheld), shall as name Avfuel, or its subsidiary as loss payee, and shall provide for at least thirty (30) ti days' written Notice to Avfuel prior to can ccIIation or modification, Customer shall maintain such policies in full force and effect for the equipment for so long as C Customer continues to lease that Equipment. Proof of being self insured by M Customer shall sufflcc this insurance requirement. > 12. TO THE EXTENT LIMITED BY FLORIDA LAW, CUSTOMER ~ AGREES TO INDEMNIFY AND HOLD AVFUEL AND/OR THE. OWNER � OF THE EQUIPMENT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEY'S N FEES), OBLIGATIONS AND CAUSES OF ACTION FOR INJURY TO OR j DEATH OF ANY AND ALL PERSONS, OR FOR DAMAGE TO OR i DESTRUCTION OF ANY OR ALL PROPERTY ARISING OUT OF OR RESULTING FROM THE CONDITION, EXISTENCE, USE OR 0 MAINTENANCE OF THE EQUIPMENT. THE FOREGOING INDEMNIFICATION SHALL NOT CONTITUTE A WAIVER OF L SOVEREIGN IMMUNITY BEYOND THE LIMITS SET FORTH IN 3 FLORIDA STATUTES, SECTION 768.28, NOR SHALL THE SAME BE Q CONSTRUED TO CONSTITUTE AGREEMENT FOR CUSTOMER TO INDEMNIFY FOR AVFUEL'S NEGLIEGENT, WILLFUL OR r INTENTIONAL ACTS OR OMISSIONS. co N 13. Upon termination of any Lease, at any time and for any reason, Customer shall (a) return the Equipment to Avfucl in as good condition as when Customer received it, norm a] wear and tear excepted, (a) pay for any necessary repair and re piacemem of any damages or missing Equipment, and (c) pay all costs for the transport of the ts7 Equipment front the Customer's facility to Avfuel's facility_ If Customer breaches N any of these commitments. Avfucl invoice the Customer for those costs and the 0 Customer will pay that invoice wilhm twenty (20) days. c I v to L �0♦ V I Q. L 0 U d Q r r N N C d E t t) a+ r Q Rev 09110/19 C'us�vmc 's Initial, Page 7 of 7 Packet Pg. 1317 16.G.1. ?Ra CERTIFICATE OF LIABILITY INSURANCE DATc 05/05/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thi certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Avsurance Corporation PAIC HONEo (630)572-7133 FAX NExt : AIC No: 630)572-7121 47 W. Ellsworth Rd. EMAIL ADDRESS: Ann Arbor, MI INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Landmark American Insurance Company 33138 INSURED Avf iel Corporation 47 West Ellsworth Ann Arbor, MI 48108 INSURER B : INSURER D : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISESS Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PE� F7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DIED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS i ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability LHR792954 & 12/17/2021 12/17/202 $10,000,000 Limit, $25,000 Deductible 12/17/2001 Retro Date IA20201768-02 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County Board of County Commissioners is additional insured under the captioned commercial general liability and automobile policies on a primary and non-contributory basis for any and all work performe behalf of Collier County per contract #22-7947 CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 3295 Tamiami Trial East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Naples, FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. Q AUTHORIZED REPRESENTATIVE James D Coleman, Vice President © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 1318 ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 AVFUCOR-03 16.G.1.d '4coRo CERTIFICATE OF LIABILITY INSURANCE DATEF(/202YYYY) 5/52022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AVSUrance CSR NAME: PHONE (A/C, No, Ext): (800) 472-7090 (A///C, No): (734) 663-8296 Avsurance Corporation 47 W. Ellsworth Rd. Ann Arbor, MI 48108 ADDRESS: aysurance@avfuel.com, INSURERS AFFORDING COVERAGE NAIC # i INSURER A: Underwriters Lloyds of London 15792 INSURED Avfuel Corporation 47 West Ellsworth Road Ann Arbor, MI 48108 INSURER B : Travelers Property Casualty Co 36161 38318 0084 R y to tC L V INSURER C : Starr Indemnity & Liability Co INSURER D : National Interstate Insurance Co. INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE FIV-1 OCCUR B0180AV2100771 7/1/2021 7/1/2022 DAMAGE TO RENTED PREMISES Ea occurrence 500,1 $ X MED EXP An one person)$ 50" Aviation Products X X Completed Operations PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,1 X POLICY El PECOT- LOC PRODUCTS - COMP/OP AGG $ 1,000,1 On Airport Auto $ 1,000,1 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 2,000,1 $ X BODILY INJURY Perperson) $ ANY AUTO BA7NO296182191G 10/1/2021 10/1/2022 OWNED SCHEDULED AUTOS ONLY AUTOS X BODILY INJURY Per accident $ X PROPERTY DAMAGE ent Per accident) $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 1000002147 5/1/2022 5/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,1 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,1 $ D Pollution HAT0010916 1011 /2021 10/1 /2022 $1,000,000 A Cyber C-4LPX-219909-CYBER-2022 3/15/2022 3/15/2023 $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners is additional insured under the captioned commercial general liability and automobile policies on a primary and non-contributory basis for any and all work performed on behalf Collier County per contract #22-7947 Collier County Board of County Commissioners 3295 Tamiami Trial East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4r L d N 7 U- C O a+ fC Q ti rn N N V fC r C O U E M Q ti 00 N N 0 V _I N 3 LL It- 1* rn ti N N c m E U R r r Q ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1319 16.G.1.f Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR AVIATION FUEL PURCHASE AND DELIVERY SOLICITATION NO.: 22-7947 GLENYS RISUENO, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-6098 Glenys.Risueno@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 1320 16.G.1.f SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) 22-7947 NUMBER: PROJECT TITLE: AVIATION FUEL PURCHASE AND DELIVERY PRE -PROPOSAL CONFERENCE: WEDNESDAY, DECEMBER 11, 2021 AT 11:00AM EST LOCATION: MARCO ISLAND AIRPORT — COMMUNITY ROOM 2005 MAINSAIL DRIVE, NAPLES, FL 34114 DUE DATE: MONDAY, DECEMBER 201, 2021 AT 3:OOPM EST PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hqps://www.bidsync.com/bidsync-cas INTRODUCTION As requested by the Collier County Airport Authority (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The Airport Authority is owner and exclusive Fixed Base Operator (FBO) of three (3) General Aviation Airports in Collier County which includes the Marco Island Executive Airport, Immokalee Regional Airport, and the Everglades Airpark. Aircraft activity is conducted by private, corporate, charter, training, and occasional air ambulance aircraft and provides aviation fuel purchase for all aircrafts. Over the preceding five fiscal years, the Airport Authority has expended approximately $10,600,000.00 in aviation fuel purchase and delivery services; however, this may not be indicative of future purchasing patterns. BACKGROUND The Marco Island Executive Airport (MKY) is conveniently located in Naples, Marco Island, Goodland and Isles of Capri. The 16,500 square -foot FBO facility provides affordable, convenient, safe, hassle -free air travel. Situated in a natural environmental, the airport is congestion and traffic free, yet only minutes away from the area's amenities and attractions. Aircraft that fly in and out of the airport range from single engine Cessna 152 to Bombardier Global Express or Gulfstream G650. It is estimated that the airport has a total annual economic impact of $31.7 million, according to a 2019 study from the Florida Department of Transportation. The airport has one (1) 5,000' x 100' runway (RY 17-35) with non -precision GPS approaches. Fuel at the Marco Island Executive Airport is deposited into planes by the Airport Authority; approximately 82,900 gallons of Avgas (100LL) and 1,071,000 gallons of Jet -A were delivered into planes during Fiscal Year 2021. The airport operates a Fuel Farm located on the South end of the terminal apron. In operation of the Fuel Farm, the Airport Authority purchases and stores necessary quantities for both Jet -A and Avgas (I DOLL). The Airport Authority sells and deposits into -plane both Jet -A and Avgas (I DOLL) with Airport Authority -owned and operated fuel tenders: one (1) 3,000-gallon Jet -A truck and one (1) 1,000-gallon Avgas (IOOLL) truck. The Authority also sells and deposits into -plane Avgas (I DOLL) by Airport Authority-owned/operated QT Petroleum on Demand M4000 self -fueling dispensing system. This fuel is stored in three (3) tanks (one 12,000-gallon Avgas & two 12,000-gallon Jet -A tanks) totaling 36,000 gallons in the existing Fuel Farm. The Immokalee Regional Airport (IMM), situated on 1,333 acres of land located approximately 35 miles Northeast of Naples and 110 miles Northwest of the Port of Miami, provides tremendous business advantages. The Immokalee Regional Airport was originally a WWII bomber -training base. The Federal Surplus Act eventually turned the airport over to Collier County in the 1960s. The Collier County Airport Authority has developed innovative plans for the airport, including extensive designs to expand the runways, bring in cargo -carrying businesses, and converting some of the land into an industrial park. The airport currently has two runways: one (1) 5000' x 100' (RY 09-27) and one (1) 4,550' x 150' (RY 18-36) with non -precision GPS approaches. Packet Pg. 1321 16.G.1.f Fuel at the Immokalee Regional Airport is deposited into planes by the Airport Authority; approximately 105,000 gallons ol Avgas (IOOLL) and 60,000 gallons of Jet -A were delivered into planes during Fiscal Year 2021. The Airport Authority sells and deposits into -plane both Jet -A and Avgas (IOOLL) with Airport Authority -owned and operated fuel tenders: one (1) 3,000-gallon Jet -A truck and one (1) 1,000-gallon Avgas (IOOLL) truck. The Airport Authority sells and deposits into -plane both Jet -A and Avgas (IOOLL) by Airport Authority-owned/operated QT Petroleum on Demand M4000 self -fueling dispensing system. The fuel is stored in two (2) fuel tanks (one 10,000-gallon Jet -A and one I0,000-gallon Avgas tank). The Everglades Airpark (XO1) is situated immediately Southwest of the Big Cypress National Preserve and is surrounded on three sides by the waters of Everglades National Park. The Fakahatchee Strand State Preserve and Collier Seminole State Park are to the North. The Gulf Visitor Center and National Park Ranger Station, within walking distance of the airpark, provide canoe rentals, tour boats and docks for itinerant boats. The Everglades Airpark, our "Eco-tourism Airport," is now the destination for vacationers and outdoor adventurers who come from all over to fish, boat, camp, and explore the magnificent natural beauty of the Everglades. The airport has one (1) 2,400' x 60' runway (RY 15-33) for visual operations only. Fuel at the Everglades Airpark is deposited into planes by the Airport Authority or via a self -fueling dispensing system; approximately 23,500 gallons were delivered into planes during Fiscal Year 2021. The Authority sells and deposits into -plane Avgas (100LL) by Airport Authority-owned/operated QT Petroleum on Demand M4000 self -fueling dispensing system. The fuel is stored in one (1) 10,000-gallon tank. TERM OF CONTRACT The agreement term, if awards are made is intended to be for (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the duration of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. DETAILED SCOPE OF WORK The Supplier is required to deliver aviation fuels to the Fuel Farm(s) at all three County Airports (MKY, IMM and XO1) identified N in this solicitation. Supplier must adhere to the following minimum requirements: N c 1. Fuel: c c� The Supplier will ensure that the aviation fuel delivered meets or exceeds the following minimum specifications: :U 0 1.1 Jet Fuel: Aviation Kerosene type Jet -A fuel received shall conform to ASTM D-1655 specifications, latest revision. U) Supplier shall also supply FSII (Anti -Ice, Prist) in 55-gallon barrels for direct injection at the point of sale. CD ti 1.2 Avgas: Fuel received shall conform to ASTM D-910 specifications, latest revision, and shall be of the Aviation Gasoline N type, 100 Octane, Low Lead (Avgas IOOLL) or future replacement. N c 1.3 Supplier will provide a certificate of analysis on all aviation fuel shipments. Supplier will also provide traceability on all E shipments back to refinery. 0 2. Delivery Q 2.1 A twenty-four (24) hour period between order placement and delivery to airport(s) is desired, however Supplier shall guarantee maximum forty-eight (48) hour period between order placement and delivery to airport(s). 3. Credit Card Processing: 3.1 Supplier to provide and maintain a list of credit cards and contract fuel programs accepted including all associated costs. 3.2 Supplier to provide the Authority the amount of time for funds to be deposited in the Authority's accounts and the methods of payment (i.e. electronic transfer, etc.) including all associated costs. Packet Pg. 1322 16.G.1.f 3.3 Supplier must offer a "full -service" web -based Fixed Based Operator (FBO) software solution for processing credif sa es which is fully PCI and EMV Chip compliant. Software shall include: fuel sentry/automation compatible with TCS 3000 meters, POS processing, flight scheduling/tracking, and concierge reservation modules. 4. Maintenance, Inspection and Training: 4.1 Supplier to make fuel tenders available to the Authority for use at the Marco Island Executive or Immokalee Regional Airport in the event County -owned fuel tender is out of service for extended period (ten days or greater), at no cost to the Airport Authority. Minimum forty-eight (48) hour delivery period for replacement tender which shall be in good working order and similar in capacity to those in operation at the County Airports. 4.2 Supplier shall provide, at no additional costs, annual inspections of all fuel trucks, regardless of ownership, and annual inspections of the fuel farms at all three (3) airports MKY, IMM, and X01. The inspectors will be qualified and provide written documentation detailing the results of the inspections. 4.3 Supplier shall provide annual Jet -A and Avgas (100LL) fuel filter replacement services on all fuel trucks, regardless of ownership, and the fuel farms at all three (3) airports: MKY, IMM, and X01. Labor rate and material mark-ups must be outlined. 4.4 Supplier shall provide, at no additional cost to purchaser, employee fuel quality assurance training and testing materials (hydrometers, white buckets, water tests, etc.), wind socks, wing mats, line service safety and customer service training either through Supplier or approved third party books, materials, and seminars or combination thereof. 5. Marketing and Advertising: 5.1 Supplier shall include the County Airports in all directory advertising at no cost to the County. 5.2 Supplier shall make funds available for co-operative advertising on a local basis. 5.3 Supplier shall paint and/or decal County -owned fuel tenders and fuel farms cost to purchase and provide free loaner fuel tenders during this period. 5.4 Supplier shall participate in major aviation trade shows such as NBAA and NATA and provide the Airport Authority an opportunity to participate without cost. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. c 0 2 0 ti as ti N N c 0 E s Q Packet Pg. 1323 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 0 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Business Plan 25 Points 4. Cost of Services to the County 35 Points 5. Experience and Capacity of the Firm 25 Points 6. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the Proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the Proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (0 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (25 Total Points Available) In this criteria, the proposer is required to provide a business plan in detail to include the following but is not limited to • Transition Plan with the Collier County Airport Authority • Identify the location of Supplier's fuel depot and method of delivery to airport (i.e. company -owned trucks or subcontractor). • Length of time between placement of order and delivery. A twenty-four (24) hour period between order placement and delivery to airport(s) is desired, however Supplier shall guarantee maximum forty-eight (48) hour period between order placement and delivery to airport(s). • List the Brand name of the fuel proposed to be sold to the Airport Authority under proposed contract. • Identify limits (if any) on the amount of Jet -A Fuel Supplier will contract to deliver during a twelve (12) month period. • Identify limits (if any) on the amount of Avgas (100LL) Supplier will contract to deliver during a twelve (12) month period. • Supplier shall identify ancillary contract benefits that may include, but not be limited to, customer rewards/incentives, supplemental insurance, contract fuel, and training. • Ability to provide or facilitate annual meter calibration testing and certification of all fuel trucks, regardless of ownership, and fuel farms at all three (3) airports. _ 0 cW 0 ti v rn ti N N m E s 0 0 Q Packet Pg. 1324 16.G.1.f • Explain the marketing strategy for promoting and offering branding assistance to the Collier County Airport Authority. • Provide an illustration of brand representation and product support services (i.e. decals, marketing logos, etc.) • Please clearly identify your co-operative advertising program and associated costs. EVALUATION CRITERIA NO.4: COST OF SERVICES TO THE COUNTY (35 Total Points Available) The total cost of fuel and financial impact to the Authority will be evaluated as part of this category. Please provide the following information as part of your proposal: • Contract price of Jet -A. Provide one (1) year previous financial fuel price history (pricing index, delivered price, please show breakdown of base price of fuel, all applicable taxes, fees, etc.). • Contract price of Avgas (1 OOLL). Provide one (1) year previous financial fuel price history (pricing index, delivered price, please show breakdown of base price of fuel, all applicable taxes, fees, etc.). • Cost of Jet -A fuel additive per gallon (please show breakdown of base price of Jet -A fuel additive, all applicable taxes, fees, etc.) • Cost of Credit Card Processing — Per Card Type (i.e. Visa, Mastercard, American Express, etc.) • List of any contract fuel programs accepted, including payment terms • Discount offered to the County • Fixed Base Operator (FBO) Software solution subscription/equipment costs EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (25 Total Points Available) In this criteria, include but not limited to: • Provide most recent 12- month performance report for delivering quality fuel per current American Society for Testing and Material (ASTM) requirements outlined herein within section (3). • Provide most recent 12- month performance report for gross sales nationwide. • Supplier shall provide examples of directory advertising for previous or existing customers. The County requests that the vendor submits no fewer than three (5) and no more than five (5) completed reference forms from clients during a period of the last 5 years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO.6: LOCAL VENDOR PREFERENCE (10 Total Points Available) N c Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax o Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and u performs business in an area zoned for the conduct of such business. �o ti VENDOR CHECKLIST ti N ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** N c m E V Q Packet Pg. 1325 16.G.1.g Collier County Administrative Services Division Procurement Services RFP #: 22-7947 Title: Aviation Fuel Purchase and Delivery Selection Committee Final Ranking Sheet Andrew Heather Selection Name of Firm Nick Rossdale Mike Levy Total Committee Bennett Meyer Final Rank Avfuel Corporation 1 1 1 1 4 1.0000 Eastern Aviation Fuels, Inc. d.b.a Titan Aviation Fuels 2 2 2 2 8 2.0000 Procurement Professional Glenys Risueno 2/4/2022 Page 1 of 1 Packet Pg. 1326 Avfuel Proposa Collier County Airport Authority Naples, FL December 20, 2021 Important: This comprehensive Prepared by: Submitted by: proposal is submittetl or appoval wfthin Joe Taravella Avfuel Corporation 90 clays and is subject to the execution District Manager 47 West Ellsworth Rd, o both paas, whim will nmiiporate Jtaravella®Avfuel.c om Ann Arbor, MI 48108 1734-663-6466 the proposal terms and, when executed, become binding to bath parties December 20, 2021 Glenys Risueno COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, BLDG C-2 Naples, FL 34112 Dear Ms. Risueno, Thank you for taking the time to learn how Avfuel Corporation's competitive support systems can contribute to the growth of your unique operation. The following branding proposal outlines Avfuel's ability to supply aviation fuels and services —including marketing and branding support —for the Collier County Board of Commissioners. Backed by proven solutions and high -touch, dedicated employees, I am confident our partnership can help you grow your business and increase your market share in a competitive landscape. Avfuel's robust supply network, proprietary training and operational systems make it the industry's most reliable and capable fuel provider. Working as a team, our goal is to achieve the following objectives for your operation: ■ Uninterrupted fuel supply ■ Increased fuel sales ■ Greater connectivity and visibility with targeted customers and prospects ■ Streamlined operations to optimize efficiency ■ Improved loyalty among existing customers ■ Effective short-term and long-term growth strategies Avfuel exclusively focuses on aviation. With that dedication across nearly 50 years, we've become much more than a fuel supplier; we're an all-round aviation facilitator, delivering "fuel ... and so much more." Our diverse business lines and competitive programs propelled us to the forefront of the aviation industry and gained us a loyal following among pilots and flight departments. We look forward to putting these same programs —along with our reputation and aviation commitment —to work for you. This proposal is valid for one hundred eighty (180) days from the opening date for approval and is subject to the execution of contract documents satisfactory to both parties which will incorporate the proposal terms and when executed, becoming binding to both parties. I look forward to further discussing how your operation would benefit from joining the Avfuel Network; in the meantime, please do not hesitate to contact me with any questions. Best regards, Joe Taravella District Manager Avfuel Corporation 734-646-1172 jtaravella@avfuel.com 2 Meet Avfuel: Your everything fuel supplier As a global supplier of aviation fuel and services, our operational expertise in every sector of the aviation value chain supports a diverse market of customers around the world: FBOs, flight departments, military aircraft, commercial airlines and everyone in-between. Our industry involvement facilitates our goal of driving traffic to the Avfuel Network, connecting you with more customers, more markets and more opportunities. ® Differentiators • Aviationanly focus • Robust contract fuel program proven to attract customers and enhance fuel sales • Consistent, stable growth across nearly 50 years • A full sales and marketing team dedicated to you • Avfuel-provided training resources • Portfolio of in-house solutions proven to grow your business • Industrys most popular loyalty program • Industrys only referral 8 rewards program for FBO staff At -A -Glance • Founded in 1973 100 % dedicated to aviation • 28 % FBO market share in the U.S. Touch 1 in every3 U.S. business flights 650+Avfuel-branded locations 3,000+fueling locations around the word eory Fio[rvnAL [All mate ral In this document is mot considered smal la I and you are harem mu lthat any enno:u,a copy, 19 o.m 6 enmlon Is strictly rest if/1L Business Plan Transition Plan Upon contract execution, Avfuel will begin coordinating immediately with all parties involved to ensure a smooth transition. The transition will be broken down into five main components: 1. In -person meeting and establishing point of contact 2. Safeguard supply 3. Confirm proper training 4. Immediately increase fuel capacity 5. Marketing plan 1. In -Person Meeting & Establishing Point of Contact The first phase of the transition plan will be for Avfuel's point -of -contact —Joe Taravella, district manager —to visit each FBO location and meet with management to agree on any specific needs regarding the start-up plan. 2. Safeguard Supply The second phase will be to ensure a complete understanding of volume trends throughout the year (especially weekly during peak season) for advance planning with Avfuefs Supply and Fuel Dispatch Teams to ensure continuous uninterrupted jet and avgas supply at all three airports. Avfuel is the sole fuel provider for both Naples Aviation / Naples Airport Authority (since October 2013) and Base Operations at Page Field in Fort Myers (since January 2008)—these accounts are responsible for more than 12.8 million gallons of fuel a year. With these existing accounts, Avfuel maintains a significant market share of fuel supply and available fuel truck driver assets in the southwest Flonda region. This ensures consistent, reliable fuel supply. Avfuel maintains strong relationships with trucking companies- Jet Star, Penn Tank Lines l Stardust, and Kenan Advantage Group (among others)— in the south Florida market. Dunng peak season, Avfuel brings additional trucking assets into the market to support the high volume of fuel orders. Avfuel will utilize multiple trucking companies for fuel deliveries, however Jet Star would be the primary hauler for most deliveries. If the Countyhas a different preferred trucking company, Avfuel will utilize that company. In the event of a fuel supply emergency, Avfuel leverages these relationships and its strong supply position in the market to provide consistent reliabilityfuel supply to the Col lier County Airports. Avfuel continuously moves trucking assets from Port Everglades across the state to maintain continuous supply. c00FIDEWAI I A I I marginal in this documents to ae considered confitlenna l and you are rarely noeTea that any disclosure, copy, cry, countllon is Atlaly hunn a Business Plan 3. Confirm Proper Training The third phase of the transition plan will be to ensure all staff members are property trained in three critical areas: fuel safety and quality assurance, customer service, and Avfuel-branded programs, as detailed below: • Fuel Safety and Quality Assurance: o On -site : Must will conduct on -site fueling, truck and Avfuel systems training at the FBO to ensure employees are well -prepared for safe, efficient operations. o Online and ongoing: All necessary employees of the Airport Authority will be enrolled in the Avfuel Training System (ATS), which includes FAA -Approved Line Service Fuel Safety Training and Supervisory Fuel Safety Training to satisfy 14 CFR 139.321. Upon completion, employees receive a Line Service Fuel Safety Training Certification or Supervisory Certification equivalent to NATA. See page 23 for more information on the Avfuel Training System. o In -person seminar:Additionally, Must will coordinate for two members of the Airport Authority to attend the in -person 14 CFR FAA -Approved Part 139 Fire Safety and Fuel Quality Assurance Training Seminars for Supervisors in 2022. (All associated seminar attendance costs, including travel and lodging, for the in -person seminar will be covered by Avfuel) • Customer Service: o Online: Included on AvfuelTraining.com is Avfuel's proprietary, FBO-specific customer service training courses on the essential elements and methods to provide exemplary service to customers; especially on how to go above and beyond, to 'wow' the customer. Applicable for both front counter and line staff and included in the Must branding package. • Avfuel Programs: o On -site: Avfuel staff will visit to provide specialized training with front counter and line staff to ensure thorough understanding of Avfuel card program offerings, benefits and best practices for optimal implementation at the front counter and on the ramp. Employees will receive a formal presentation, Standard Operating Procedures (SOP) handbooks, and hands application training at the front counter. This training is vital in empowering FBO staff to take ownership of card programs in order to maximize program benefits for the FBO (i.e. saving on processing fees by knowledge of card lookup tools and awareness of features to share with pilots). o Online: Included on AvfuelTraining.com are three specialty courses on Avfuel Contract Fuel, AVTRIP Rewards, and Avfuel Network Referrals and Rewards for new hires and ongoing front counter knowledge, to best utilize Avfuel's programs. 4. Immediately Increase Fuel Capacity The fourth phase involves another layer of protection to the continuous fuel supply at Marco Island Executive Airport. Avfuel will include one 5,000-gallonjet fuel truck 2006 or newer to Memo Island Executive Airport immediately at no additional cost for the entire term of the contract. This asset will dramatically increase Marco Island Executive's on -hand fuel supply. 5. Marketing Plan Lastly, Avfuel will create and execute, with the Airport Authority's input and collaboration, a personalized marketing plan strategically aligned with the County's vision and strategy for developing sales and marketing efforts, in addition to ongoing marketing support and planning for the duration of the contract. Please see Appendix B (page 29) for further information on Avfuelfs marketing team and capabilities. CONFIDE IAL I All marginal in this documents to ae considered confitlennal and you are rarelynoeTea that any disclosure, copy^9or countllon is strictly p uni Business Plan Relationships with 90+ refiners & 300+ supply terminals means higher reliability and value. Fuel Supply and Logistics L Supply and logistics are essential to your operation. Musts expertise ensures that nothing comes between L you and your fuel. We are the definitive experts at transporting product from thousands of supply points via pipeline, barge, rail and truck. Must is proactive, making sure the fuel you need is available when and where you need it, even during market Fluctuations and emergencies. Core -competent in the movement, scheduling and safe handling of aviation fuel IF Global agreements with 90+refiners and 300+supply terminals for uninterrupted supply Large network of 100+over-the-road transport carriers • 2417/365 availability Connection to an in-house logistics team, not a machine 0 Fuel ordering: Avfuel dispatch is available 24/71365. All calls are promptly received and handled by Avfuers dispatch professionals. • Must dispatchers are logistics experts with years of experience handling all types of fuel deliveries under special circumstances • Fuel deliveries are typically on 48-hour notice for Jet A and Avgas. However, Avfuel can provide 24-hour delivery time as necessary. Planning, communication and coordination between Avfuel's dispatch department and customer are key elements. • Special events and emergency orders handled by experts on an individual basis Location of Fuel Depot Jet A pricing is a weekly delivered price for fuel supplied from the primary supply terminal. In the event fuel is delivered from a secondary supply terminal, additional charges may apply. The fuel will be delivered by subcontracted fuel haulers. • Primary Terminal: Port Everglades, FL (2 terminals) • Secondary Terminal: Tampa, FL Avgas (t00LL) pricing is a delivered posted price for fuel supplied from the primary supply terminal. In the event fuel is delivered from a secondary supply terminal, additional charges may apply. The fuel will be delivered by subcontracted fuel haulers. • Primary Terminal: Port Everglades, FL • Secondary Terminal: Tampa, FL Brand Name of Fuel The brand name of the fuel will be Avfuel—a globally -recognized and trusted brand. Limits There will be no limit to the amount of Jet -A or Avgas (t00LL) Gollier Gounty may purchase during the entire term of the contract. CONFIDE IAL I All marginal In this documents to ae considered confitlennal and you are rarelynoeTea that any mssbmre, copy^9or countllon is Atlaly pi Business Plan Ancillary Benefits Network Avfuel's branded FBO network includes more than 650 branded FBOs and 3,000 into -wing fueling locations around the world. Our thousands of aviation relationships link you to a network of flight departments, schedulers, pilots and aircraft. Avfuel Contract Fuel Cost-plus rates on jet fuel attract high -volume customers —more than 5,500 customers representing 20,000+ turbine aircraft. Avfuel-branded FBOs pay ZERO processing fees on jet fuel sales through Avfuel Contract Fuel. AVTRIP AVTRIP is the only rewards program proven to increase fuel sales. Competitor programs lack the membership to make a significant difference. AVTRIP comprises 47,000+ registered members with 25,000+ active members each quarter. Meter Calibration and Testing Avsurance Avfuel's in-house aviation insurance subsidiary, Avsurance, has 30+ years of hands-on experience providing coverage to FBOs and airports. Avfuel-branded FBOs are granted third -party $50 million USD excess products liability coverage for fueling operations, provided underlying requirements are met. Avfuel Pro Card One card that does the work of an entire card portfolio. The Avfuel Pro Card can be used for Avfuel Contract Fuel, retail fuel or non -fuel flight expenses (no fuel purchase required) anywhere within the Avfuel Network. No fees for cardholders. Fuel Quality Assurance and Training Avfuel Quality Assurance has developed a comprehensive FAA -approved fuel safety training program. We provide Avfuel FBOs with ongoing consultation, education, training materials, testing and seminars. Avfuel's quality assurance and technical assistance team is made up of Avfuel-employed experts (not subcontractors) who collectively have nearly 200 years of experience in aviation fuel handling, testing, distribution and equipment repair. Avfuel's quality assurance and technical assistance team will conduct annual onsite meter calibration testing and certification at the three (3) airports for all refueler truck and fuel farms including written follow-up reports at no additional cost. 8 Business Plan Leverage the power of a global brand, recognized by thousands of operators worldwide. Marketing Strategy As an Avruel-branded FBC, Collier County would benefit from the power of global -brand. Avruel will assist the airport in its branding efforts by providing a pole sign and/or wall sign using existing electric connections and foundation at no cost to your operation. In addition, Avruel will cover the cost to rebrand any current refueling equipment with Avruel decals. Avruel can also provide any regulatory type labelling and placards at no additional cost to the county. I Outdoor Signage Avruel will provide or reface an existing pole sign and/or wall sign using existing elechic connections and foundation at no cost to your FBo. 0 Bonus Branding Upon request, Avruel can also provide your facility with the following Avruel-branded items: • Windsocks • Welcome mats • Uniform patches • Hats • Pointof-purchase displays& interior signage IsRefueler Truck Branding Avruel will provide decals to rebrand current refueling equipment 0 Co-op Advertising Avruel sets aside funds from your fuel purchases that can be used for additional marketing of your FBo. Can be used for virtually any advertising medium (web, print, direct -mail, uniforms, etc.) $0.005 on all general aviation gallons sold (excludes military and commercial airline and contract fuel gallons sold) Reimbursement on qualified advertising is at 50%of total cost Fund resets annually — calendar basis Please see Appendix B (page 29) for sample marketing materials and promotions. corvFlofMIAI I All materAm the document to ae considered confou ntol and you are hereby notpW that any dycbmre, copy^9 or doonbullon y Atlaly pmblbacd j;;ir/r/fll: �-;'iii//j/j/i /ii; Cost of Services to the County Jet A Delivery Locations: MKY, IMM Primary Delivery Terminal PLATTS US Gulf Coast Jet Fuel Differential Freiaht 54 Waterborne Mean Port Everglades, FL Weekly Average $0.1139 Per Airport Destination ®Jet A previous week average of Platte US Gulf Coast Jet 54 Waterbome Mean plus a fuel differential of $0.11391gal plus full -load truck freight to MKY or IMM. In the event fuel is not delivered from the primary supplier terminal, additional charges may apply. • Primary Terminal: Port Everglades,FL— 2 different supply sources • Secondary Terminals: Tampa, FL; Cape Canaveral, FL • Freight based on: — 7,400 gallon minimum delivery FSII 55-Gallon Drums: Avfuel will provide FSII Drums to MKY and IMM at no additional charge Avgas Delivery Locations: MKY, IMM, X01 Primary Delivery Terminal PLAITS US Gulf Coast Fuel Differential Freight Premium Unleaded 93 Waterbome Mean Port Everglades, FL Weekly Average $1.0809 Per Airport Destination ® Avgas (100LL) previous week average of PLATTS US Gulf Coast Premium Unleaded 93 Waterborne Mean plus a fuel differential of $1.08091gal plus full -load truck freight to MKY or IMM or X01. In the event fuel is not delivered from the primary supplier terminal, additional charges may apply. • Primary Terminal: • Secondary Terminals: • Freight based on: Port Everglades, FL Tampa, FL 8,500 gallon minimum delivery Please see Appendix C (page 43) for detailed price breakdown of fuel. 1 1 corvFlofMlAl I All malerlapn tnl:eowmenus to ae mnaeerea mnfitlentlai and you are hereby notTeethat any erscb:ure, copy, ^go, doonbung, I: Atl¢ly pmMnrcma Cost of Services to the County Relationships with 90+ refiners & 300+ supply terminals means higher reliability and more value. Contract and Payment Terms o Three (3) years plus two (2) one (1) year options Aviation Fuel Supply Agreement o Payment due net 15 days via EFT, ACH or Check o Credit card funds remitted twice per week o Contract fuel into -wing fees remitted twice per week Credit Card Rates & Processing Benefit from zero percent processing with the Avfuel Pro Card Card Type Rate Card Type Rate Avfuel Pro Card 00% Contract Fuel 100%Non-Fuel Discover 285% Avfuel Contract Fuel 00%Fuel 100%Non-Fuel American Express 28% Avfuel Retail Card 00%Avgas 100%Jet &Non -Fuel Multiservice 285% Cessna Contract Fuel 00%Fuel 100%Non-Fuel Avcard 25% 00%Contracted MasterCard & Visa 23%Qualified Government AIRCard 35%Non-Contracled $0/month software MasterCard & Visa 26%Non-Qualified The Avfuel Hub $0/month optional printer 12 corvFlofMIAI I All ma vA P, tha documents to ae mn9ae ed conficortoI and you are nere0ynob ea that any dyd cure, copy^g or alRtlbullon Is Shady pminhllmd Cost of Services to the County Our sales team works as an extension of your FBO, reaching out to 5,500+ customers. Avfuel Contract Fuel: Targeted Sales Strategy for Effective Growth Avfuel Contract Fuel Sales collaborates with you to develop a targeted list of prospects to communicate with on your behalf; established relationships with thousands of flight departments instantly injects you into this rich market. Beneficial for Business a 5,500+Customers 0 3,000+ Locations Worldvide • Transacted with the Avfuel Pro Card; can be used for contract fuel, retail fuel and non -fuel flight expenses. Cardholders enjoy zero fees • Improve margins with custom into -plane rates • Approved direct -bill format for fractional operators—Netdets, Flight Options, Flexjet 20, 000+ Turbine Aircraft 0/ ZERO processing fees for fuel on Avfuel Contract Fuel transactions All third-party(reseller) transactions are processed through your POS to streamline billing and reduce receivables Leverage market data (TRAQPak/AMSTAT, FAA, etc.), flight patterns and buying history for a targeted approach to prospecting No need to split transactions. Fuel and non - fuel items can be on the same invoice 13 c)NFIDE IAI I All matenann tha documents to ae mn9aeed confitlentoI and you are here0ynobea that any dycbmre,copy, ^gor doo,bullon y shady puhhcd Cost of Services to the County A full, dedicated shop team keeps refueler trucks on your ramp. Refueler Truck Avfuel will include one (1) 5,000-gallon refueler jet truck 2006 or newer at no additional cost for the Marco Island Executive Airport to use for fueling aircraft and increased storage capacity year round for the entire term of the contract. Avfuel will also provide loaner refueler trucks as needed at no cost for up to 60 days at a time as required. Avfuel maintains loaner trucks at various airports in FL and at our Avtank shop in Ann Arbor, MI. Loaner jet refueler trucks are maintained close by at Naples Airport as well for support. sollawilwi�, Avfuel will provide decals to A!iiii�r rebrand current refueling equipment Refueling equipment is a critical component of your FBO's daily business. Our refuelers feature advanced, but proven, technologies designed to get the job done. The design allows for optimum operational efficiency and is backed by a professional team of specialists who realize you can't afford to have a fuel truck down. • Stateof-the-art, 33,000-square-foot dedicated facility • Largest refueler fleet in the U.S.—more than 700 vehicles • Extensive, personalized support • Maintenance guidelines • Large inventory of parts and supplies • Advanced meter systems available Fuel Farm and Refueler Truck Filters For the list of fuel filters listed in the response to question 4 of the Question and Answer section, Avfuel will include annual filter changes (or as required by industry standards) at no additional cost. Meter Calibration and Testing Avfuel's quality assurance and technical assistance team wil I conduct annual onsite meter calibration testing and certification at the three (3) airports for all refueler truck and fuel farms including written follow-up reports at no additional cost. 14 c00FIDEWAI I A I I marginal In this documents to ae considered confitlenna l and you are rarely noeTea that any disclosure, copy^gor countllon is strictly p uni Cost of Services to the County One ATS subscription that covers every employee means safe operations for less. Online: Avfuel offers the County FREE access to the online Avfuel Training System (ATS), which includes FAA -Approved Line Service Fuel Safety Training and Supervisory Fuel Safety Training to satisfy 14 CFR 139.321. Upon Please see the below for a breakdown of this system's programs and lessons: FAA -Approved Line Service Fuel Safety Training & FAA -Approved Supervisory Fuel Safety Training • Fuel Handling and Fire Safety • Aviation Fuels and Additives • Fuel System Icing Inhibitor (FSII) • Contaminants and Fuel Testing Methods • Procedures for Receiving a Load of Aviation Fuel • Aviation Fueling Components • Fuel Storage Systems • Mobile Refueling Equipment • Aircraft Fueling and General Operations • Record Keeping Best Practices • Supervisor Specific: Effective training techniques Avfuel Customer Service Training IN Culture and Brand IN Service Essentials IN Amaze and Wow Avfuel Front Counter Training • Avfuel Contract Fuel • AVTRIP • Avfuel Network Referrals & Rewards In Person: Online ATS Cost All subscriptions include unlimited seats for the year, and training on customer service, front counter and ramp safety. With FAA -Approved Line Service Training' FREE • With FAA -Approved Supervisory Training PLUS FAA -Approved Line Service Training' FREE • General Fuel Safety Lesson Free to Avfuel- branded FBOs Part 139 Ramp Safety Aircraft Marshalling Aircraft Towing Equipment Aircraft Towing Procedures De-icing and Anti -icing Introduction De-icing and Anti -icing Fluid Handling Procedures De-icing and Anti -icing Fluid Application General Aviation Security Supervisory Fuel Safety Training Seminar Avfuel offers free 14 CFR FAA -approved Part 139 Fire Safety and Fuel Quality Assurance Training Seminars for Supervisors. Avfuets QA team is available 24/7/365 Our fuel quality assurance team is a group of recognized experts that work with FBOs, transport companies, terminals and handlers on the proper handling of aviation products. 15 CONFIDE IAL I A I I matenann tha documents to ae mn9aerea confitlenna I and you are nere0y noeTea that any dycbmre,copy, ^gor doo,bullon y shady pmblhhcd Cost of Services to the County Streamline your operations with more efficient transactions. Fixed Base Operator (FBO) Software At no additional cost: Avfuel will provide your operation with MyFlightSolutions FBO software. MyFlightSolutions is the point of sale software which Collier County currently uses white labeled as Atlas. MyFlightSolutions is able to migrate data from Atlas to MyFlightSolutions. Refueler truck electronic meters TCS3000 fuel ticket information can be transmitted into this system. o FlightBridge customer reservation software included. FlightBridge and MyFlightSolutions are integrated and customer reservation information can be input into either software system. o ARGUS Traq Pak flight tracking software with AMSTAT tail number lookup. Ten (10) unique login & passwords provided. Subscription included. Also Included: At no additional cost, Avfuel will provide your operation with the Avfuel Hub, Avfuel's proprietary web -based point -of -sale and processing system, which centralizes and streamlines the sale of fuel, products and services at your FBO. The Avfuel Hub will interface with third -party software. The Avfuel Hub is also completely integrated with AVTRIP and Avfuel Contract Fuel which help to streamline customer data. See more features of the Avfuel Hub, below. The Avfuel Hub Core Features ■ Electronic processing of all transactions (sales, voids, credits, post -authorizations) ■ Integrated with Avfuel Contract Fuel and AVTRIP rewards ■ Easy customer look -up by name, tail number, city or card type ■ Minimal steps and pre -populated data for quick processing ■ Avfuel Contract Fuel Pre -Authorizations are sent directly to the Avfuel Hub ■ Print and email receipt options ■ Create on -demand reports ■ Manage customer data ■ International processing capabilities ■ PCI (Payment Card Industry) compliant, improving credit card security ■ A variety of reports are available for download and import into various accounting software Additional POS software The following current versions programs are also certified to Avfuel's gateway for processing: o X1 o Total Aviation o TFBO o Avman iiRe i//l/lJ/11f;/�l. /iij/li//////��1/�/. L%/11i Experience and Capacity of the Firm ASTM Certified Fuel Avfuel follows industry standard procedures and adheres to FAA approved safety protocols to ensure on spec ASTM D1655 and D910 products are delivered to customers. Avfuel customers receive jet and avgas transport truck deliveries daily from the Port Everglades Terminal (primary) and Tampa Terminal (secondary). These safe guards and programs that Avfuel has implemented support a strong track record of delivery quality fuels to customers. 1. All transport truck carriers must meet insurance minimums set forth by Avfuel and be cleared to load at the truck rack by the terminal operator and fuel supplier. Avfuel and Terminals require the transport trucks to confirm last product loaded or certificate of tank clean out prior to loading, along with product confirmation prior to departure. 2. Product Release Certificate is accompanied with each delivery. This document tracks relevant information from pre -loading at the terminal all the way through acceptance and delivery at the airport. This document confirms quality continuity through the entire process. 3. Additional documents to confirm product quality, quantity and traceability are Bill of Lading and Certificate of Analysis. 4. Avfuel provides training via the Avfuel Training System (online FAA approved fuel handing program) for customers and transport truck drivers to view. 5. Avfuel's Quality Assurance department is available 24/7 to address any product quality issues and questions as they arise. Please refer to pages 19 and 20 for examples of recent Certificates of Analysis, which will be delivered with each load of fuel. M-01 Experience and Capacity of the Firm Gross Sales Avfuel is a privately held corporation and has been in business since 1973. On average since 2017, gross sales have exceeded . In the event the County requires additional financial information, Avfuel can supply when a financial NDA for confidential information is executed by both parties. Avfuel is the contracted supplier for Naples Airport Authority, Base Operations at Page Field, Banyan Air Service in Fort Lauderdale, all Sheltair locations and University Air Center in Gainesville, Florida, among others. Please see references from all above mentioned entities. In addition, Avfuel: o Has a 28% FBO market share in the U.S. o Touches 1 in every 3 U.S. business flights o Has 650+ Avfuel-branded locations o Has 3,000+ fueling locations around the world Local Vendor Preference We are unaware of any local vendors that are capable of providing the necessary aviation fuels and services for the Collier County Airport Authority. Avfuel has a dedicated representative —Joe Taravella, district manager —who frequently visits accounts throughout Florida and is available for your unique needs. Other 1. As an Exhibit or Attachment to the County's Fixed Term Service Agreement, Avfuel proposes the Avfuel Aviation Fuel Supply Agreement Signature Page and General Terms and Conditions becomes integrated with the County's agreement to address specific airport, aviation fuel and equipment related matters. a Please see Appendix D (page 47) for the Avfuel Aviation Fuel Supply Agreement. &9 Experience and Capacity of the Flrm Certificate of Analysis Jet -A anal ATt 0 P QElifira4aMalrys VvdY rcy¢ auFaraabvor3�ElvlRmsl 3m OO 12 2wm1O IVJI. 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Mx�e�LNgb b[wv9bvEWnEm[wwn s ycew w¢ ¢ w crc`I vxa me wmxmy eezamz n, Ivmer ¢ n¢wrm..ury veredxnbpz/ v vYamwlcaeYvypuewvaeeo✓vxtlx urwvw.. 20 -ONFIOEWAL I All mlenapn Ina document15 to Oe oo,yad etl confic lal and you are M1me6ynObbed!that any dyd acre, mpN19 A, annbutlon is Shady pmFlpttmtl Experience and Capacity of the Firm Certificate of Analysis Avgas (100LL) FIgn1mIr L4ppb#fSlfdpry U{ Qalkr Camrol MrPrrrA—Pxd- 430I w w. r:nP iW f MI9011.ML - 553" # i47•SJ1.7U}S Report of Analysis O.vr A,emL. rrrm—mm/ rx P Lra - I-e M.. -`F kmah TANK Nu.27 R�rn or oVfr!■npaY IS]Lr bl2.7+:..ILY 3.rL LDS IUNEL 1'2:";:1:1 IY■ rrr Aarl� Gbn�Om oefr Pb--dalLan Ckft T-B d Y1i.: LORL 1.'.:`_ f;4':1 14; t2;J.3 KSM RNfhod h-R-rbe N-A U rb . . 04US? m GRAM-WNr m'F 721 APr 11-1 DM rrf AT S= 1314.E VGL/L +T•-,-:AP.k4u CLEM i 106MT r 13--d INIr, Paco- =Loa JLMPTAELEMLLE - - P L313 =F513r,Oh- :WP3RSMP !■ r DML IMC-E T GLhSr_'YfTDIT K 1 'y m. �.t_ •• arm WOW k&— D— M-3be 1148 r aem- 07= UAM LKMkC LS2 r TAP m r OK-J2 'USTLU.TLCIM LrlrkkL Im"G mMr FWLPOR4m M.2 T bail X%KNAF( IrLTED LUA T r 14—, C%LVIPCMTED U-I.Ei T r WmF X%LWYIC LiTM t9.6 T I... •� �� 9W 00910"TED }did! T nl a LIOLFIG PONTLSrfpowrm M.7 T r IV - }. 3P+9 nW,rOf 3H9 T PLF12. DIrATGP PSD3W LY 97d! — '--•- IJMCLi LS VdE - 00@11TG0 L3Z L5 w� - P33i1 TrrRArnrn LKAP mN,.rwT GAIT rri TOAI- P TLTRdrn rn LGAG cctmhT 0.5E a PL3fldr P TLTRArrWfL LGG mfiTrKr 3Ai FmwrL UM NIPOLPRLS"L L44 j4S. is P MI�Onh-won•a. Nwi Trslrrsuh�aoahunrrnrerl?;aTk16E517ay■�fficadun�lui.A.4M1'�d::Yr�l■16}Ll. R4o111■■rR rr■ Drip kd� da�rplr ■■r1�1 N rd hw. h..r �rfvn■d �nkyi}■ klb wry unlm ■I}�rh■ 6dryarii7rY n,�rt r,ll ml6■ r4ro�ud ®p3 . hd wRhmAwd do mar of r■ IrL■mrmBwy LIL 5kr4Y wa 3r: IoLlrt Rrpm Prr■k Lmb-wb v =mrnd mp316,hwbf hrr thr r■pvwrr Ihnnra 3fIh■ rrt�c UGI911- p9'G: 34a>r+ 21 Experience and Capacity of the Flrm Directory Advertising Avfuel.com As Avfuel-branded dealers, all county airports would be listed on Avluel's website where pilots and flight departments can easily search for fueling locations using our fuel finder (pictured below). In addition, Avfuel contract Fuel pricing is listed on all major industry fuel operating directories. Please feel free to visit httos://w .avfuel.com/Fuel/Fuel-Finder to see the directory for yourself. KAPF Naples Aviation I .,ples Nunlawl AYpon-Nzlde Matla FO - Heursof Oloy o Good -moo Fuel Finder/Pricing - a e 'dd Per AutM1onzaWn Hammett s�,m�n.+lwmwe.:u<.n daunt ma nVFUE�• I mmabspaalun mmabu r eevpan - - e9e -=erslmmoecain9e Raw'.a�^9te .. aiirme CW.0 I6Wa{Mu].. DJ'NA-ow GrSeLCC2tIonS Key ClMemardalas Padlcmtesln ANuel Comma Fuel �"vetlzeaimy I I awards Avrwp Purrs �- � Akcmft Sernces AmenNa Acgas auslnesscerma Catering Ground OmnUnit computel Ream Commence Roam Indct, Y.cativrs mh, Jet MR, Additive crcry Lounge Custanst ❑ Am ManWd Rama deales 0Awedky7 Se115evice Fuel GrvW[ITmsµvl HowlPesmatms mMlxl toy ❑ Arecunaltryolkwq avow ❑Gn.mmc Hangar Space Availalade Ire. Beverages LRemetA¢®s rammus Rand Spame Avadaldle Of -Me Rental CamITSde Rental Cars ❑ Aux off" AVlPoPmnls ❑WAvals Pasangent Urge Rlot Cd Gn shacks CONTACT: Phone '•l-239n643-4064 Contocc FtasL Ryan ticS1 -S Fa. z39-643084 F.nod Anamsmi nAy MiAnsmEnterm oden ye to get ® �rm`y, weeste-t ty ly ^ f m1p c m FEM 9 resu Rres " Fees are µtoted In US Callan and are subject A change with maket mndmyn:Taxes may rat me all mchmNe. 22 cONROLWAt l All malenann tI,s documem e to ae mnede ed confidenaal and you are h ereley math ed that any orsclosure. mpN^9 mdlammnon l: Adaly pmhl6rcmd Appendix A: Additional Benefits from Avfuel AVFRIP Rewards Benefit from the only proven sales -enhancement tool offered by any fuel supplier. Established in 1988 to reward Flight crew members for their loyalty and fuel purchases, AVFRIP remains the most popular incentive program in the industry. Members enjoy higher eaming potential with temd membership —silver, gold or platinum —which further incentivizes pilots to visit Avfuel FBOs that offer AVFRIP and uplift more fuel. Avfuel Offers the County a Triple AVFRIP Point Promotion for First 90 Days for Free I* 47K registered members 4 50% purchase more fuel with AVFRIP 0 25K active members per quarter 70% say FBO decision influenced by AVFRIP Silver Gold Platinum Gallons 9-7,499 7,500-29,999 some+ Unique FBodisits 0-9 1024 25+ x•yur..fi,ea��roywvy Bonus point events Acceleratorrate 8% 10% 5 12% 1 2 points/gallon Extra points/gallon Exclusive bonusdays Special glits VIP access to events 4 60% prefer AVFRIP rewards Low Cost: $0.01 per point. Minimum of two points per gallon Avruel pays for extra gold and platinum points Softens need for discounts AViRIP is the preferred program for: 11 Memberexperience Ease of use at the counter Overall communication Ease of online account management Ease of award redemption Number of locations 24 corvFlofNnAL l A l l material In this documents to ae accounted confidento l and you are here0y noeTea that any valomre,copy, ^go, donation is Atlaly pmhni Avfuel Network 65% of new business comes from referrals. We capitalize on that. Avfuel Network Referrals This web ]based system (pictured below) is designed to increase referrals within the Avfuel Network of 650+ branded FBOs for enhanced connectivity-4he ultimate way to take advantage of a network of our size and scope. FBOs simply ask pilots where they re headed next and suggest an Av(uel- branded FBO near them using the portal. The program thrives on a system of reciprocity —just as you refer pilots to other FBOs, other FBOs refer pilots to you. Your FBO is notified every time you are referred, giving you a strategic advantage to earn business and increase visibility. Avfuel Network Rewards Nrcrafl f PAol lrrxnuarlon NIM aNWR l rival ano Cepapure fffiYa[E IsmTwN¢wro e�oare ® eTATIM MAwre eronM VECrLLNOTEe As Must's way of thanking FBO employees, Network Members earn Avfuel Network Rewards for engaging with the network. This includes earning points that translate to cash awards for every referral members make through Avfuel Network Referrals. With Network Points, FBO staff members earn 200 Network Pointslrefennal, and every 5,000 Points equates to $25 in awards. Because more engagement makes for a more robust program and stronger network. o 0 25 c )NFIDE IIAI I All malenann lM:mcumt n ,5 to ae mn9ae ed confitlennal and you are here0ynob ea that any orscbmre, copy^g or doo,bullon l: shady pmhlhhcd Avplan Trip Support Directs high -volume, international operators to your FBO. Avplan is Avfuel's trip -planning and flight -support company that facilitates high -volume clients with personalized service for all travel —domestic and global. Combined with POW Contract Fuel and AVTRIP rewards, Avplan lands Avfuel FBOs more business. • Actively directs flights to the Avfuel Network of FBOs for fuel and services • Puts Avfuel FBOs on the flight path of more customers from more countries • Serves clients with a team of in-house meteorologists, planners and flight -followers More than 30 years of professional experience in aviation planning, including: • Flightfollowing • Communications • Government agency relations • NOTAMs • Permits • Arrival and departure slots • Computerized flight planning • Weatherservices • Visas 26 CONFIDE IAI I All marginal In this documents to ae considered confitlenna l and you are rarely noeTea that any disclosure, copy^gor countllon is Atlaly hunn a Avsurance Corporation Manage your risks with $50 million USD excess products liability coverage. Avfuel's in-house aviation insurance subsidiary, Avsurance, has 30+years of handson expenence providing coverage to FBOs and airports. • Avfuel-branded operations are granted third-party$50 million USD excess products liability coverage for fueling operations, provided underlying requirements are met. • Requirements: Certificate of Insurance evidencing$1 million USD CSL airport premises and products liability with Avfuel as additional insured. Insurance coverage for all FBO needs is available, including items such as courtesy cars, aircraft maintenance, environmental exposure, fuel farms and more. Coverages include, but are not limited to: • Aviation general liability insurance • Premises insurance • Hangar keepers insurance • Airport insurance • Heliport insurance • Airport property insurance • Helicopter insurance • Workers compensation • Aircraft hull and liability insurance • Air ambulance insurance • Heavy lift insurance • Pipeline patrol insurance • Part 135 insurance • Part 91 insurance • Scheduled 121 operator insurance • Cargo insurance • Freight insurance • Flight school insurance • Environmental liability insurance • Crew car insurance • Commercial auto insurance • Mobile equipment insurance • Commercial property insurance • Products& completed operation insurance 27 c)NFIDE IAI I All materA m tha documents to ae mn9aeed confitlennaI and you are here0ynobea that any dycb:ure,copy, ^9or doo,bullon y shady pohhcd Sustahabky Initiatives Avfuel's leading the mission to bring sustainable solutions to customers Efforts to Bring Sustainable Aviation Fuel (SAF) to Market Supply Avfuel now provides SAF supply at eight FBO locations and is quickly adding more FBOs/airports to this list: DFW Corporate Aviation (KDFW), Million Air Burbank (KBUR), Monterey Jet Center (KMRY), Sonoma Jet Center (KSTS), Telluride Regional Airport (KTEX), Truckee Tahoe Airport District (KTRK), Atlantic Aviation (KASE) and Koury Aviation (GSO). Additionally, Avfuel supplies corporate flight departments and OEMs. Demonstrate Avfuel routinely supplies SAF in limited quantities for special events at FBOs, airports and major OEM bases across North America. Educate Avfuel participates in educational technical/commercial panels at conventions/symposiums both domestically and internationally, in addition to working with the media, industry associations and Avfuel's outlets on awareness. Consult Avfuel consults with all customer segments —including FBOs, airports, corporate flight departments, OEMs, airlines and fractional/charter operators —as they integrate SAF into their sustainability metrics, and secures commitments to encourage greater production. Source Avfuel has agreements with Gevo, Inc., and Neste for SAF supply in North America. Avfuel works globally to secure additional reliable sources of SAF and determine the most effective logistics plan to source, blend, test and store the product. Contribute Avfuel is a leading contributor in the business aviation environmental and sustainability coalition, collaborating with GAMA, NATA, NBAA, IBAC, CAAFI, A4A and AAAE. Avfuel's Carbon Offsetting Program Avfuel launched a simple -to -use carbon offset program, allowing operators to purchase carbon credits to help reach net -zero carbon emissions. Flight operations can offset their carbon emissions by designating a specific number of gallons to offset when creating an Avfuel Contract Fuel authorization online, or by opting to offset emissions from all gallons of fuel purchased through Avfuel. Every carbon credit offsets approximately 100 gallons of jet fuel. Visit avfuel. com/sustainability for more details on Avfuel's sustainability initiatives. 28 Appendix B: Sample Marketing Materials Avfuel Marketing Overview The power of personalized strategy. As a member of our network, our marketing team works for you, providing creative strategies customized to meet your specific needs. Avfuel marketing combines proven communication platforms with innovative technologies to help you attract business, earn customer loyalty and increase sales. Additionally, Avfuel provides a number of training and support solutions to facilitate the implementation of our marketing efforts and support our commitment to your FBO. The Avfuel Marketing System taps into the power of the entire Avfuel Network, giving your individual FBO the reach of a widely -recognized global brand and putting you squarely in front of Avfuel's wide variety of aviation customers. Your customized marketing campaign often begins with an initial discovery phase, after which our team develops a personalized marketing plan specific to your location. This plan may include items such as standard Avfuel communication platforms (e.g., email and web advertising for specialized customer retention campaigns), and sales and prospecting strategies. For a comprehensive list of integrated solutions, see the next page. AN I MM P I M. y I JUL U I SEE E I IN V. I FEB. PPR. JUN. ALG. Wi C£C. 30 c)NFIDE IAI I A I I matenann tha documents to ae mo9demd confitlenna I and you are heretay nob ed that any dycb:ure,copy, ^gor doo,bullon y shady pmblhincd Avfuel Marketing Capabilitles Slash your marketing budget —our team delivers on your needs for free. 'tua' Brand/Image • Launch or rebrand • Strategies to build brand value • Brand audits • Concept, graphicdesign and content support • Media buying and planning • Interior/exterior facility design • Uniforms © Print • Magazines, trade publications, directories, brochures • Newsletters, business cards, letterhead and other collateral • Posters, billboards, custom interior lobby artwork • Custom mailers 0 Public Relations • CommunicationslPRstratagies • Social media strategies • Press releases • Internal and external communications u 1 Sales and Training Support • AViRIPtirlilization and how to use as a sales tool • Customer Service • Rampside Training • Contract Fuel • Leveraging Card Processing 0 Digital • All web advertising • Email communications • Custom corporate videos • Newsletters • Website design and development 0 Special Event Assistance Concept, creative and content support for all events, industry conferences and meetings OMarketing Campaigns Conceptualize, develop and help distribute custom marketing campaigns 31 CONFIDE IAL I All marginal In this documents to ae considered conficannal and you are rarelynoeTea that any disclosure, copy^gor countllon is Atlaly pi Avfuel Marketing by the Numbers Audience exposure by medium AVFRIP47,000 Members 25,Doo Acl'Ive Audi Genia l Fuel -Flight Deigns. Representing 20,000 Add Media Reach - 45.000 11 Media Contacts & Ad SW 2,600 Schedulea Dispatchers, Right Depte. NBA8,-25.000 1,11 HIM &Hight Depts. —_- EBACE-13,000 111 nlots&RIglftows. Social Madie&Avluel.00m a5,000 Nis/nlorHhs • Listing on a rruel.com, features, press release, • Ad placement & press release: 45K contacts/subscribers. social media: 65K impressionstmonth. • Multiple unique features in Ednewsletters and convention- • Premium location on exhibition floorplans: 40.61K attendees related communications: 25K AVrRIP members& 20K aircraft Average price to contract an outside firm USD MENOMONEE ■ .E ... y::::::::::::::: 11 . .111:...MENEM :....No 111;;...:: :: 1111: : : : : :: :: [arass Release Bego websrte Re-Bransng On-i3al Targanin Shares& Package:' Design: 20,1p0 USD- Marketing Free Prospect Lots 10,000 USD 91000 USD 3o,000 use so,000 USD/year 20,0oo USD 25,000 use 15000 use As an extension of your team, Avfuel's marketing services are free for your use. 32 cO 0FIDEWAL l All matenalm this documents to ae connected confitlennal and you are napery notTed that any dyclomre, copy^g or distribution is strictly pmMhoc] Print Advertising & Re -Branding Concept & Design of Campaign & Associated Materials Script Logo with Airplane Script -only Logo a.mtio.rmlyp�opomo m Maternal cam. a cal is the Internal lwotoxn:eamau Alvaapa nm onaany hand yw.cmaccounts n hawe yeoaiand "hen out beueed kiegeawaer.No< an'Nm6leum im gnpkemaral AVIATION =T hall AVIATION =T1 33 cory Fl DIEWAI I A I I ma It ran I, t h a aocul 5m he mn:raerea canfitlenna l and you are n crate noel ea that any an cloth re, copy^g or al subdue, I shady pmMarcma Logo Design Collaborative Design Work B I G S K Y AVIATION BIG SKY AV I AT 1 O N BIG SKY�� AVIATION /� BI AVIATION 34 mNFIDEWAI I A I I malenann tha documents to ae mo9deed confitlenna I and you are nere0y notmed that any cycl oure,copy^9or alRtlbullon Is Shady pminbincd Special Promotions Conceptualization, Design, Copy Writing & Execution Support Point of Purchase Signage Online & Email Communications 35 mNFIDEWAI I A I I rural in this documents to ae considered confitlenna l and you are rarely notTedthat any orsclosure, copy^9or countllon is Atlaly pmrni Convention Support Collaboration, Conceptualization, Design NBAA schedulers & Dispatchers booth graphics OF AMEIVCANAERR L— 36 corvFlDEWAI I A I I mmenal In this document to ae considered conficanna l and you are rarely notTed that any disclosure, mpy^]o, dynbu,lon is Atlaly pmhni Social Media Graphic Design, Promotion Collaboration CLICK TO VISIT OUR PAGE! + 37 mNFIDEWAI I A I I malenann the documents to ae mo9de ed confitlenna I and you are nere0y notmed that any dyd cure,copy ^9or alRtlbullon Is Shady pminbincd Web Design Copy, Design and Utility Consultation Digital Graphics Collaboration, Copywriting, Design �/�I� Hold onloyour derby hats add today over to //le�/®I AFICWT SPItCMSTS Q(JV'() .................. for 1hs W17 Kentucky Derby IRCRAFr SPECIALISTS Lovem ipsum dolor sit word, conseMetuer adlpiacing eat, sand diam nonummy main a lilmod tinciduM Ut lscreet colors magna aliquam eret volutpat. • Ut oval shim ad minim veniam, runs construct memi tatan ullammrpsr suaclpH IoWdls nlsl ut allqulp ex se commodo consequat. • DMs amem anal and Idure dolor In nendredt In vulpu- tate "lit seas molenal cons atuat, val Ilium aotore an haugiat nulls facllisls at vero eras M accumsan et luato ca io dignasim our Mama paemntluptatum am dele- nd augue duns tlolore to feugalt nulla f nclllsl. • Loam psum dolor sit amet cons sctetuer adlpiscing elit, sed diam nom mmy main episodical tircvlunt i t lacreet tlolore magna aliquarn eat volutpat Ut yogi amid ad minim venom, rub rodsm d exerct tafion ullam- comerst ipd lododis nil ut afquip ex ea commodo corsequat. 39 ,ONFIDMIAL I A l l malenann r a documents to ae mn9derea confignna I and you one nere0y notTed that any cl copy^ go, doo,oullon y shady pmnored Print Marketing Mail, Invitations, Stationary, etc. 40 mNFIDEWAI I A I I ma,e na in this documents to ae considered conficanna l and you are nere0y notTedthat any disclosure, copy^9o, dynaullon is strictly p uni -- i Signage Interior Posters for Lobby Display YNERGY , � �7 r F- SAYITIN THE SURVEY •o.n a++anyarrmmexv,,. Ad 41 mNFIDEWAI I A I I malenann tha documents to ae mo9de ed confitlenna I and you are nere0y notmed that any cycl oure,copy ^9m alRtlbullon Is Shady pminbincd Before After Atmospheres Interior/Exterior Design and Consultation 42 mNFIDEWAI I A I I ruralnnthis documents to ae considered conficanna l and you are rarely notTedthat any orsclosure, copy^9or countllon is Atlaly pmrni Appendix C: Financial Summary Financial LET A Avgas 10OLL Refueler Trucks Annual (or as required by industry standards) Refueler Truck and Fuel Farm replacement filters Annual onsite meter calibration testing and certification at the three (3) airports for all refueler truck and fuel farms Credit Card Rates Branding & Signage Exterior, Lobby, Refueler Avfuel Contract Fuel Sales Assistance AVTRIP Triple Point Promotion for First 90 days Avfuel Network Referrals & Rewards Avfuel Marketing Capabilities & Exposure Online Avfuel Training System The Avfuel Hub In-house Trip Support Team Directing International Operators to Your Ramp Insurance: Third -party $50 million USD excess products liability coverage Price PLATES US Gulf Coast let 54 Waterbome Mean + $.1139 + freight +tax PLATES US Gulf Coast Premium Unleaded 93 Waterbome Mean +$1.0809 + freight +tax One (1) 5,000-gallon jet truck INCLUDED for contract term INCLUDED INCLUDE 0% Processing Avfuel Contract Fuel All other rates competitive INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED 49 CONFIDENTIAL I A I I rura la in thadocumentk to 0e considered consisting l and you one rarely notTeathat any disclosure, copy^9o, contiguous strictly puni Financial Summary - Previous year of Jet -A price history Plans/Gulf coast Freight Freight Freight Total Effective Date Waterborne Jet Dill Taxes Total MKY Total%D1 MI(Y IMM %01 IMM Mean 12/14/2021 $ 2.1018 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.6071 $2.6071 N/A 12/7/2021 $ 1.9410 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4463 $2.4463 N/A 11/30/2021 $ 2.2007 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.7060 $2.7060 N/A 11/23/2021 $ 2.2007 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.7060 $2.7060 N/A 11/16/2021 $ 2.2825 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.7878 $2.7878 N/A 11/9/2021 $ 2.2862 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.7915 $2.7915 N/A 11/2/2021 $ 2.3236 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.8289 $2.8289 N/A 10/26/2021 $ 2.3355 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.8408 $2.8408 N/A 10/19/2021 $ 2.3295 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.8348 $2.8348 N/A 10/12/2021 $ 2.2606 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.7659 $2.7659 N/A 10/5/2021 $ 2.1385 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.6438 $2.6438 N/A 9/28/2021 $ 2.0394 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.5447 $2.5447 N/A 9/21/2021 $ 2.0120 $0.1139 $ 0.0819 $0.0919 N/A $0.3096 $2.5173 $2.5173 N/A 9/14/2021 $ 1.9289 $0.1139 $ 0.0819 $0.0919 N/A $0.3096 $2.4342 $2.4342 N/A 9/7/2021 $ 1.9448 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4501 $2.4501 N/A 8/31/2021 $ 1.8631 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3684 $2.3684 N/A 8/24/2021 $ 1.7587 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2640 $2.2640 N/A 8/17/2021 $ 1.8334 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3387 $2.3387 N/A 8/10/2021 $ 1.8454 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3507 $2.3507 N/A 8/3/2021 $ 1.9308 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4361 $2.4361 N/A 7/27/2021 $ 1.8422 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3475 $2.3475 N/A 7/20/2021 $ 1.9183 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4236 $2.4236 N/A 7/13/2021 $ 1.9018 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4071 $2.4071 N/A 7/6/2021 $ 1.9074 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4127 $2.4127 N/A 6/29/2021 $ 1.9083 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.4136 $2.4136 N/A 6/22/2021 $ 1.8750 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3803 $2.3803 N/A 6/15/2021 $ 1.8501 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.3554 $2.3554 N/A 6/8/2021 $ 1.8291 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.33" $2.3344 N/A 6/1/2021 $ 1.7740 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2793 $2.2793 N/A 5/25/2021 $ 1.7438 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2491 $2.2491 N/A 5/18/2021 $ 1.7180 $0.1139 $ 0.0819 $0.0919 N/A $0.3096 $2.2833 $2.2833 N/A 5/11/2021 $ 1.7557 $0.1139 $ 0.0819 $0.0919 N/A $0.3096 $2.2610 $2.2610 N/A 5/4/2021 $ 1.71" $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2197 $2.2197 N/A 4/27/2021 $ 1.6835 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1888 $2.1888 N/A 4/20/2021 $ 1.6844 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1897 $2.1897 N/A 4/13/2021 $ 1.6173 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1226 $2.1226 N/A 4/6/2021 $ 1.6146 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1199 $2.1199 N/A 3/30/2021 $ 1.6046 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1099 $2.1099 N/A 3/23/2021 $ 1.6889 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1942 $2.1942 N/A 3/16/2021 $ 1.7454 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2507 $2.2507 N/A 3/9/2021 $ 1.6896 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1949 $2.1949 N/A 3/2/2021 $ 1.7243 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.2296 $2.2296 N/A 2/23/2021 $ 1.6773 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.1826 $2.1826 N/A 2/16/2021 $ 1.5837 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.0890 $2.0890 N/A 2/9/2021 $ 1.5123 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $2.0176 $2.0176 N/A 2/2/2021 $ 1.4273 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.9326 $1.9326 N/A 1/26/2021 $ 1.4402 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.9455 $1.9455 N/A 1/19/2021 $ 1.4670 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.9723 $1.9723 N/A 1/12/2021 $ 1.3884 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.8937 $1.8937 N/A 1/5/2021 $ 1.3607 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.8660 $1.8660 N/A 12/29/2020 $ 1.3591 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.86" $1.8644 N/A 12/22/2020 $ 1.3713 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.8766 $1.8766 N/A 12/15/2020 $ 1.3095 $0.1139 $ 0.0819 $0.0819 N/A $0.3096 $1.9148 $1.8148 N/A : corv:IDEWAL l All malerlannmhndoaumenre m re comidl aonfidemtll aneyou any nereq ooeTewnzt any orsno:ure, copY119 or Lln,bmlony An ly Aoxnaa Financial Summary- Previous year of Avgas (100LL) price history Platts U9 Guff Coast Effective Date Waterborne Premium Differential Freight MKY Freight Iii Freight%01 Taxes Total MKY Total IMM Total%Ol Unleaded 93 Mean 12/14/2021 $ 2.2227 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6387 $ 3.6387 $ 3.6462 12/7/2021 $ 2.1040 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.5200 $ 3.5200 $ 3.5275 11/30/2021 $ 2.4118 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8278 $ 3.8278 $ 3.8353 11/23/2021 $ 2.4032 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8192 $ 3.8192 $ 3.8267 11/16/2021 $ 2.4494 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8654 $ 3.8654 $ 3.8729 11/9/2021 $ 2.5149 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.9309 $ 3.9309 $ 3.9384 11/2/2021 $ 2.5793 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.9953 $ 3.9953 $ 4.0028 10/26/2021 $ 2.5969 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 4.0129 $ 4.0129 $ 4.0204 10/19/2021 $ 2.5420 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.9580 $ 3.9580 $ 3.9655 10/12/2021 $ 2.4791 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8951 $ 3.8951 $ 3.9026 10/5/2021 $ 2.3217 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7377 $ 3.7377 $ 3.7452 9/28/2021 $ 2.2563 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6723 $ 3.6723 $ 3.6799 9/21/2021 $ 2.3374 -$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7534 $ 3.7534 $ 3.7609 9/14/2021 $ 2.2923 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7083 $ 3.7083 $ 3.7158 9/7/2021 $ 2.3225 -$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7385 $ 3.7385 $ 3.746D 8/31/2021 $ 2.2930 n$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7090 $ 3.7090 $ 3.7165 8/24/2021 $ 2.2102 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6262 $ 3.6262 $ 3.6337 8/17/2021 $ 2.3704 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.78" $ 3.7864 $ 3.7939 8/10/2021 $ 2.3768 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7928 $ 3.7928 $ 3.80D3 8/3/2021 $ 2.4238 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8398 $ 3.8398 $ 3.8473 7/27/2021 $ 2.3425 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7585 $ 3.7585 $ 3.7660 7/20/2021 $ 2.4011 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.8171 $ 3.8171 $ 3.8246 7/13/2021 $ 2.3697 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7857 $ 3.7857 $ 3.7932 7/6/2021 $ 2.3614 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.7774 $ 3.7774 $ 3.7849 6/29/2021 $ 2.3327 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.]48) $ 3.7487 $ 3.7562 6/22/2021 $ 2.2256 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6416 $ 3.6416 $ 3.6491 6/15/2021 $ 2.2618 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6778 $ 3.6778 $ 3.6853 6/8/2021 $ 2.2371 -$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6531 $ 3.6531 $ 3.66D6 6/1/2021 $ 2.1670 n$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.5830 $ 3.5830 $ 3.59D5 5/25/2021 $ 2.1874 r$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6034 $ 3.6034 $ 3.6109 5/18/2021 $ 2.1949 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.6109 $ 3.6109 $ 3.6184 5/11/2021 $ 2.1540 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.5700 $ 3.5700 $ 3.5775 5/4/2021 $ 2.1275 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.5435 $ 3.5435 $ 3.5510 4/27/2021 $ 2.0672 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4832 $ 3.4832 $ 3.4907 4/20/2021 $ 2.0834 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4994 $ 3.4994 $ 3.5069 4/13/2021 $ 2.0415 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4575 $ 3.4575 $ 3.4650 4/6/2021 $ 2.0578 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4738 $ 3.4738 $ 3.4813 3/30/2021 $ 1.9846 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.40D6 $ 3.4006 $ 3.4081 3/23/2021 $ 2.0520 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4680 $ 3.4680 $ 3.4755 3/16/2021 $ 2.1593 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.5753 $ 3.5753 $ 3.5828 3/9/2021 $ 2.0216 -$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.4376 $ 3.4376 $ 3.4451 3/2/2021 $ 1.96" $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.3804 $ 3.3804 $ 3.3879 2/23/2021 $ 1.8865 -$ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.3025 $ 3.3025 $ 3.310D 2/16/2021 $ 1.7269 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.1429 $ 3.1429 $ 3.15D4 2/9/2021 $ 1.6790 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.0950 $ 3.0950 $ 3.1025 2/2/2021 $ 1.6207 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.0367 $ 3.0367 $ 3.0442 1/26/2021 $ 1.5972 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.0132 $ 3.0132 $ 3.0207 1/19/2021 $ 1.59" $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 3.0124 $ 3.0124 $ 3.0199 1/12/2021 $ 1.5204 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 2.93" $ 2.9364 $ 2.9439 1/5/2D21 $ 1.4609 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 2.8769 $ 2.8769 $ 2.881 12/29/2020 $ 1.4211 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 2.8371 $ 2.8371 $ 2.8446 12/22/2020 $ 1.4561 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 2.8721 $ 2.8721 $ 2.8796 12/15/2020 $ 1.3361 $ 1.0809 $ 0.0755 $ 0.0755 $ 0.0830 $0.2596 $ 2.7521 $ 2.7521 $ 2.7596 CONFIDE IAt I A I l marginal in lM:aocumi to ae continued conficanna l and you are rarely not that any disclosure, copy^9or contiguous Atlaly pmM6rcme Appendix D: Avfuel Aviation Fuel Supply Agreement Customer Code: EXHIBIT TO FIXED TERM AGREEMENT "DRAFT" AVFUEL CORPORATION FIXED BASE OPERATOR AVIATION FUEL SUPPLY AGREEMENT Reference Date: December 20, 2021 SUMMARY FUEL &VAN PORATION Effective Date: June 14. 2022 This Agreement is between Avfuel Corporation and its affiliates and subsidiaries all of which have principal offices at 47 West Ellsworth Road, Ann Arbor, MI 48108 USA, hereinafter referred to, individually or collectively as "Avfuel", and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS having its principal office at (Street address only), 3295 Tamiami Trail East, Naples FL 34112 hereinafter called "Customer", collectively called "the Parties", and is effective on the Effective Date or, if no Effective Date is specified then on the Reference Date noted above. 0 0 0 CUSTOMER FEIN: STATE ID NUMBER: FOR: AVFUEL CORPORATION By: William B. Light Title: Vice President, Administration 0 0 0 0 TYPE OF BUSINESS: County Government (i.e. C-corp, S-corp, Partnership, LLC, Sole Prop, or other) STATE OF INCORPORATION: Florida FOR: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: (Signature) (Print Name) Title: (Print Title) Rev 02/16/17 FBO AFSA SP Page 1 of 3 FBO AFSA FIXED BASE OPERATOR AVIATION FUEL SUPPLY AGREEMENT SPECIAL TERMS AND CONDITIONS CUSTOMER NAME: COLLIER COUNTY BOARD OF COUNTY COMI BIIJ.INGADDRESS: SAME tfdg.oa Min, air add %: DELIVERY ADDRESS: 3 AIRPORTS - MKY, IM L X01 61dfff ca man Nmua addr o AIRPORT ID (IATA CODE): MKY, LYIlH, XOl PRODUCT(s): ❑X Jet -A Jet -A with Anti -ice ❑X Avgas/IOOLL Other PAYMENT TERMS:15 Days from date of invoice via EFL, ACH or Check CREDIT LIMIT: To be determined -will be set commensurate to husinesss levels EQUIPMENT LEASED: Replacement* Description** S/N or VIN Lease Rate Cost (Covent) '06 INematiorml 5,000 gallon Jet ref reler truck T13D $0/1110 TBD *Ifncad n em aSce, *' fxm amok &&very nx ¢ have NOT been Certifiedm Cilibaaled CONTRACT FUEL DEALER: Flight Operation Type (select one): X Corporate Configured Accepted ❑ Non Corporate Ops Only ❑ DC-9 and Larger, Non Corporate Ops Only Airport Flowage Fee: ❑ YES D NO $/g (i.e. $0.0300) Storage Fee: (EYES D NO $/g (i.e. $0.0300) Into wing Fee: Jet Into Plane Rate Schedule Gallons from/to Rate/ anon Example 1-1000 gallons $X.XXXX TO BE DETERMINDED V]eid3 RerM&17 fls(] ASP Gt,bneTo AV Tre Aa FIXED BASE OPERATOR AVIATION FUEL SUPPLY AGREEMENT SPECIAL TERMS AND CONDITIONS OTHER SPECIAL TERMS AND CONDITIONS: 1) Product Prices Jet -A: Previous week average of PLATTS Gulf Coast Jet Waterborne Mean plus a fuel differential of $0.1139 per gallon plus the current full load (7,400 gal min) truck transportation costs including tolls when product is delivered from the Primary Supply Terminal — Pt. Everglades, FL. Avgas 100LL: Previous week average of PLATTS Gulf Coast Waterborne Premium Unleaded 93 Mean plus a fuel differential of $1.0 809 per gallon plus the current full load truck (8,500 gal) transportation costs including tolls when product is delivered from the Primary Supply Terminal — Pt. Everglades, FL. In the event product is not delivered from the Primary Supply Terminal additional charges may apply. Upon arrival at Customer's delivery address, the hauler allows one (1) hour to complete the offloading of product into Customer's fuel storage facility. If offloading time exceeds one (1) hour then demurrage charges may apply. The PLATTS weekly average price will be calculated each Monday (or Tuesday when Monday is a holiday) for the previous week (Monday through Friday trading days only) and will be effective the following Tuesday through Monday period. This Price does not include taxes and any other applicable airport fees. In the event that there is a change in Avfuel's cost structure or index basis for the above product, Avfuel reserves the right to amend the above pricing. The above Jet -A and Avgas 100LL fuel differential and freight costs will be fixed for a period of if product is not delivered from the Primary Supply Terminal. 2) FSII Additive Avfuel will provide FSII Additive in 55 gallon drums at no additional charge to the County. Page 3 of 3 Rev 02/16/17 FBO AFSA SP wscomer miaais r vmei mmais FBO Aviation Fuel Supply Agreement EXHIBIT TO FIXED TERM AGREEMENT " DRAFT" AVIATION FUEL SUPPLY AGREEMENT GENERAL TERMS AND CONDITIONS M Rev 09/10/19 Customer's Initials Page 1 of 8 m m � m m m m Appendix E: Required Forms Corer County Administrative 9envims Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: ® General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification ® Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. ® Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposalibid. ® Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ® E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ® Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ® Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. ® Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. ® Vendor W-9 Form. ® Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ® The Bid Schedule has been completed and attached with your submittal, applicable to bids. ® Copies of all requested licenses and/or certifications to complete the requirements of the project. ® All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ® County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Coflie� rCounty Administatva Sernces Depanment Form I: Vendor Declaration Statement HOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners The undersigned, as Vender declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 15' day of December, 2021 in the County of Washtenaw, in the State of Michigan. Firm's Legal Name: Avfuel Corporation Address: 47 West Ellsworth Road City, State, Zip Code: Am Arbor, MI, 48103 Florida Certificate of _ Authority Document Number Federal Tax Identification Number CCR # or CAGE Code 'Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: (734)663-6466 Additional Contact Information Send payments to: Avfuel Corporation (required if different from Company name used as payee above) Contact name: Nilton Gjeci Title: Senior Credit Manager Address: 47 West Ellsworth Road Laity, State, 'LIP Ann Arbor, MI 48108 Telephone: 800-521-4106 Email: ngjeci @a_)av fue l.cotn Office servicing Collier Avfuel Corporation County to place orders (required if different Pr❑m above) Contact name: Ben Spence Title: Director Truck Logistics Address: 47 West Ellsworth Road City, State, ZIP Ann Arbor, NIT 48108 Telephone: 800-458-0672 Email: bspence@avfuel-com co�coaEFtF_y Arlmnis rsiive Services Deponent Pmwremenl ice DMson Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The than has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or perforating systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability in tender impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. A fuel Co oration irtnl, any Name Signature Joel 1. Hirst, Sr Vice President Sales Print Name and Title State of Michigan County of Washtenaw / Th oregoing instrument was acknowledged before me means �hysical presence or O online notarization, this Ib i� day of c<._ (month), Qozl (year), by `I {{ (tame ofpersonacknowledging). /�...> . 5Ci-. Cie (Signature of Notary Public - State of Michigan) ersonally Known R Produced Identification Type of Identification Produced N Ic(D C-c- 6c if/LJ) (Print Type, or Stamp Commissioned Name of Notary Public) MPublic � enawate Or hiaans 11%t021 fJt;4�r. 12/17/21, 9:52 AM Order Certificate of Status - Division of Corporations - Florida Department of State Para espanol, seleccione de la lista I Select Language Powered by Go ci a Translate cl Department of State / Division of Corporations / Manage/Change Existing Business / Certification / Order Certificate of Status Order Certificate of Status Important E-Filing Notification E-filing submissions December 14 and after are experiencing a delay due to a processing issue. Your payment confirmation or receipt is proof the request was submitted. Once the issue is resolved, your submission will be processed in the order of receipt. Please do not resubmit the request. This affects all a -filing services, creating a new limited liability company; profit corporation; non-profit corporation; limited partnership; fictitious name registration; annual report; reinstatement, fictitious name renewal; dissolution; withdrawal; and certificate of status requests. To order a Certificate of Status: 1. Review the information listed below. 2. Then select the "Order a Certificate of Status" button. 3. On the next page, enter your 6-digit or 12-digit document number. 4. Enter your email address. 5. Pay for your Certificate of Status. Once your payment processes, we will email the Certificate of Status to you as a PDF file. Order a Certificate of Status (https://services.sunbiz.org/Filings/CertificateOfStatus/StandaloneCertificateStart) More Information Answers to common questions about e-filing a Certificate of Status are listed below. What are my payment options to order a Certificate of Status online? > Credit card (Visa, MasterCard, American Express or Discover). > Debit Card (Visa or MasterCard only). > Prepaid Sun biz E-File Account (https://efile.sunbiz.org/login.html). How do I find my document number? Refer to your notice or search our records (https://search.sunbiz.org/Inquiry/CorporationSearch/ByName) by name. https://dos.myflorida.com/sunbiz/manage-business/certification/certificate-status-efile/ 1/2 12/17/21, 9:52 AM Order Certificate of Status - Division of Corporations - Florida Department of State PDF VIEWER (https://get.adobe.com/reader/) PDF files require the free Adobe Acrobat Reader (https:Hget.adobe.com/reader/) program to view or print a document. Ron DeSantis, Governor Laurel M. Lee, Secretary of State Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Copyright (Lpyright 1© 2021 State of Florida, Florida Department of State. Florida Department of State The Centre of Tallahassee 2415 N. Monroe Street, Suite 810 Tallahassee, FL 32303 https://dos.myflorida.com/sunbiz/manage-business/certification/certificate-status-efile/ 2/2 Beck, Brenda J. From: donotreply@sunbiz.org Sent: Wednesday, December 15, 2021 4:58 PM To: Beck, Brenda J. Subject: Sunbiz.org Payment Receipt Follow Up Flag: Follow up Flag Status: Flagged Thank you for submitting your payment to Florida Department of State, Division of Corporations. This email will serve as confirmation that your payment was received by our office. Your filing will be posted on our website http://www.sunbiz.org/in the order received. The transaction information is listed below: Receipt Number: Transaction Date/Time: Card Number: Card Type: Approval Code: Payment Amount: Tracking Number: Document Number: 12/15/2021 04:57 PM MC $8.75 1 Olw F y Mmmensive Services DePSMtenl Prc cement SeMmsolveon Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www e-verifv.govFl, at the time of the submission of the Vendor's proposallbid. Acceptable evidence of you enrollment consists of a copy of the properly completed & Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time ofthe submission ofthe Pendor's proposallbid or within five (5) day of the County's Notice of Recommend Award FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAI✓BID MAY DEEM THE VENDOR'S 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 ale) 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 (a) 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 1996 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memomndmn 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 proposalfbid. cl Carroorinion C pany Name Signature Joel J. Hirst- Sr Vice President Sales Print Name and Title State of Michigan County of Washwnaw The foregoing instrument was acknowledged before me by means oIhysical presence u O online notarization, this day of,Decg bet (month), ,2 (year), by _ I04Q N oA (name of person acknowledging). �i • 3-1... P L (Signature of Notary Public- State of Michigan) Personally ow OR Produced Identification Type of Identification Produced 1, -E 5�4tLDE (Print, Type, or Stamp Commissioned Name of Notary Public) N SCHIIDE Notary Public - SeMe of Michi sm ceunN Mwa enaw My CaInthe Coumi J 115 02J Acting in [he County of "� � sect v- orE-Verif Company ID Number: 417532 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Avfuel Corporation (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect v- orE-Verif Company ID Number: 417532 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that 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, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 E-Verifv- Company ID Number: 417532 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect E-Verifv- Company ID Number: 417532 Approved by: Employer Avfuel Corporation Name (Please Type or Print) Title Cheryl A Kormos Signature Date Electronically Signed 05/24/2011 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/24/2011 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Verify Company to Number: 417532 Information Required for the E-Verify Program Information relating to your Company: Company Name Avruel Corporation Company Facility Address 47 West Ellsworth Road Ann Arbor, MI 48108 Company Alternate Address County or Parish WASHTENAW Employer Identification Number — North American Industry Classification Systems Code . Parent Company Number of Employees — Number of Sites Verged for Page 14 of 17 E-Verily MOD for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 417532 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: MICHIGAN 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 417532 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Linda C Marsh Phone Number (734) 663 - 6466 ext. 246 Fax Number Email Address Imarsh@avfuel.com Name Cheryl A Kormos Phone Number (734) 663 - 6466 ext. 306 Fax Number (775) 213 - 3742 Email Address ckormos@avfuel.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 417532 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Pdns'rabdivs Servioas Dapamurn c��mmr senmuo�oia" Form 4: Vendor Submittal —local Vendor Preference Certification (Check Appropriate Stain of Florida (Select County if Vendor is described as a Local Business) ❑ Collier Count ❑ Lee County Vendor affirms that it is a lost I business as defined by the procurement Ordinance of the Collier County Board of County Commissioners and the Regulati6ps Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendo has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do be 'mess within Collier County, and thin identifies the business with a permanent physical business address located within the units of Collier County from which the vendor's staff operates and performs business in sums zoned forthe conduct of web usiness. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage ed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the oregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-bein of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion 0 employment opportunities, support and increase to the County's tax base, and residency of employees and principals ofth business within Collier County. Vendors shall affirm in writing then compliance with the foregoing at the time o£ submitting eir bid or proposal to be eligible for consideration w a "local business" under this section. A vendor who misrepresents the L at Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference taus for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in [-]Collier County or ❑ Number of Employees (Including Owners) Number of Employees Living in ❑ Collier County or ❑ If requested by the County, Vendor will be required to certification. Failure to do so will result in vendor's subm Sign and Date Certification: Company Address in Signature: Owner(s) or Corporate Officers):_ documentation substantiating the information given in this ing deemed not applicable. Date: co�wty Mrivi tratue serices[)eparhnem Pmvremant Services Dmswn Form 5 Reference Questionnaire FUSE ONE FORM FOR EACH REQUIRED REFERENCE) Reference Questionnaire for: (Name of Company Requesting Reference Information) Joe Taraveth, District Manager, Avfuel (Name of Individuals Requesting Reference Information) - Company: Naples Airport Authority (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented process that collects reference information on firms and then key personnel to be used in the selection of fmns to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (andwould neverhire the fum/indivdival again). Ifyou do not have sufficient knowledge ofpastperfomnance in aparlicular area, leave it blank and the item or form will be scored "0." Project Description: Aviation Fuel Supply Completion Date: Project Budget: N/A Project Number of Days: Item Criteria Store must be complete 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc) 10 7 Ability to verbally commonicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 co�wty MminlshaWe seriires [)epartmem Pmvremant Services Dmswn Form 5 Reference Questionnaire IUSE ONE FORM FOR EACHREOUIRED REFERENCE) Reference Questionnaire for: Avfuel Comomtion (Name of Company Requesting Reference Information) Joe Twavella, District Manager, Avfimel (Name of Individuals Requesting Reference Information) - Company: Lee County Port Authority (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented process that collects reference information on firms and thew key personnel to be used in the selection of furs to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria In the best of your knowledge on a scale of 1 W 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the fmn/indivdival again). Ifyou do not have sufficient knowledge ofpast performance in a particular area_ leave it blank and the item or form will be scored "0." Project Desorption: _Aviation Fuel Supply Completion Date: Project Budget: _N/A Project Number of Days: 5 Item Criteria Score(must becompleted 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the futme (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 co�wty Mminlahati✓e SeMces oeoartmat Praurement Sewiiwe Dmwn Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Reference Questionnaire for: Avfoel Comomtion (Name of Company Requesting Reference Information) Joe Twavella, District Manager, Avfuel (Name of Individuals Requesting Reference Information) Name:- Company: Sheltair Aviation (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implemented process that collects reference information on firms and thew key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifrd (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frmlindivdival again). Ifyou do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0." Project Desorption: _Aviation Fuel Supply Completion Date: Project Budget: _N/A Project Number of Days: 5 Item Criteria Score(must becompleted 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation- etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 co�wty Mminlahati✓e SeMces oeoartmat Praurement Sow cw Dmwn Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Reference Questionnaire for: Avfuel Comomtion (Name of Company Requesting Reference Information) Joe Taravella, District Manager, Avfuel (Name ofhrdividuals Requesting Reference Information) - Company: Banyan An Service (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Collier County has implementeda process that collects reference information on firms andtheirkeypersonnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frmlindivdival again). Ifyou do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0." Project Desorption: Aviation Fuel Supply Completion Date: Content Project Budget: N/A Project Number of Days: 5 years Item Criteria Score(must becompleted 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow commet documents, policies, procedures, riles, regulations, etc 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 lwI ty Adn4nts"arve Servoes Department Pmcuremenr Semr DNs n Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOVIRED REFERENCE) Reference Questionnaire for: Avfuel Corporation (Name of Company Requesting Reference Information) Joe "farewells, District Manager, Avfuel (Name of Individuals RequestnR Reference Information) Company: University Air Center (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the fimUindividual again) and I representing that you were very unsatisfied (and would never hire the firindndivdiml again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: _Aviation Fuel Supply Completion Date: _Current Project Budget: _NIA Project Number of Days: Item Criteria Score must be completed) I Ability to manage the project costs (minimize change orders to scope). /ji 2 Ability to maintain project schedule (complete on -time or early). f 0 3 Quality of work. 4 Quality of consultative advice provided on the project. /0 5 Professionalism and ability to manage personnel. /rl 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. v9 B Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, mles, regulations, etc. / 10 Overall comfort level with hiring the company in the future (customer satisfaction). /D TOTAL SCORE OF ALL ITEMS W-9 Request for Taxpayer Give Form to the Ram, Identification Number and Certification requester. Do not (Rov.ocbmar2mm Department of the Treasury send to the IRS. Internal Revenue servire ► 0o to www.irs.gov/FwmW9 for instructions and the Imest intormmion. 1 Name (in shown on your lnwmetax realm). Name is required on this line; do nor leave this line blank. Avfuel Corporation 2 Business nemrlalsregarrlerl entity name, ndNferentfrcm above y a Checkappoprlateboxror Word Wit iricaronof Me person whom nameNeteredmlire 1. Check oNy onadme 9Exemptiom (cotlm apply only to a following raven boxes. contest aaNea, net Individual; able Instructions an page 3): c ❑ nrYvigJeVsOe pMMefor or ❑ CWrmragm Q8Cogg911M ❑ PaMBNtlp ❑TmeVeagre LLC exennpf Payee code (a any) pp.0 a'G ❑ Limited liability company. Enter Me W classifimtlm (C-C corporation, SS corparatlon, P3eMership) Ir `a Ni Check the appropriate box In the lino above far Me W claeeMptbn of Me si,gla-member owner. Wnot check Exemption from FATCA rePortlrg p C C r ner armarmowner of the LLC N LLC 9the LLC 4 classified as a Nnae+nen0sen LLC that Is Management from M"NoMa andM1er LLC Mat Me Management from the owner for U.S. fetl%alW Oftentimes, a6inglBlnN,Ner LLC that cable (Hany) We Puggms. N disregarded from Me owner should check the appmPdake box for Me W clamnpaon d its owner. .� ❑ aier(mainscraafmns). vwWa.a„w,a.rrvaa,a0uas m SAddrem(number, coast," apt or WHe no.) Site lab Om. Rmuea s name ant azMRm fg11lm0g v 47 W Ellsworth Rd w e Gry, sate, and LP mole Ann Arbor, MI 48108 7 Ust account Mlmbeffa) here (optlmag Taxpayer Identification Number (TIN* Enter your TIN in the appropriate box. The TIN Provided must match the name given on line 1 to avoid SeetN sewab' number backup withholding. For individuals, this is generally your social security number INN). However, fora backup alien, Bole proprietor, u disregardful is entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, am Flow W get a TIN, later. or Note: it the account is in more gran one name, see the instructions for line 1. Also see What Name and Number To She the Requester for guidelines on whose number to enter. 1. The number shown on this form is my correct taxpayer itlendNcation number (or I am wailing for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I eon exempt from backup withholding, or (b) I have nort been mounted by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notiged me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (barred below); and 4. The FATCA coddle) entered on this form (If arty) indicating that I am exempt from FATCA re achig a correct. Certification imtr on& you must cram out gem 2 above W you have been notified by Me IRS Mat you are corerNy subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate manmdions, item 2 does not apply. For mortgage interest pakf, acquNNbn or abandonment of secured property, cancellation of debt, contributions to an Individual retirement anangenmed (IRA), end generally, payments Other than Interest and divid gran, but you must provide your coned TIN. See the Instructions for Pan II, later. General Instructions •Font 10991(dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information atom developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation shouted laonesd'am by brokers) after they were published, go to wiverm .gav/FormW9. • Form 1099-5 (Proceeds from real estate transactions) Purpose of Form • Form 101(merchant certl and third party network tmnsadions) An individual or entity (Form WA requester) who is required to file an • Form 1098 (hone mortgage interest), 109&E (student loan interest), irtorr ation return with the IRS mud obtain your correct taxpayer Io T ftufiion) identification number (rlli which may be your social security number • Form 1099-C (canceled debt) ISSN), individual taxpayer identificatian number (mho, adoption taxpayer identification number (ATIM, or employer identification number 0 Form 1099-A facqulitlon or abandonment of secured property) (EIN), to report an an Worthington return the amount paid to you, or other Use Form W-9 only If you are a U.S. person (including a resident amount reportable on an reformation rerun. Examples of information alien), to provide your correct TIN. returns include, but are not limfied to, Me following. If you do Parthenon Form W5W the requester with a TIN, you might • Farm 1099-I14T interest earned! o pair!) be subject to backup withholding. See What is backup withholding, later. Cat No. l0i Form W-Q (Rev. 10-2018) INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required W provide a proof of exemption, An application for exemption can be obtained online at hlps:l/apps Bdfs caMbocexemoU 2. ® Employer's Liability S_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current S_IA00,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContmctorlVendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, lasses and costs, including, but not limited m, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Properly Damage.. Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable W the completion of the work. $ Per Occurrence ❑ Maritime Coverage (lanes 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 S 1,000,000 Per Occurrence ® Professional Liability $1,000,000 Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ® Cyber Liability S 1,000,000 Per Occurrence ❑ Technology Errors & Omissions S Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shell he 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. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost home 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 ruling 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. 9. ® 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. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance most state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Cerlifrcale Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail Bast, Naples, FL 34112 13. ® Thirty(30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. I118/21 - GO Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Q Name of Firm / r 67- 699-PVRA11W Date 12T/ 0.0 QA. .OI Vendor Signature SR. 6T t".4,zet- SAre%� T II Print Name T6'd- ✓T•pp ,Y''' rRST Insurance Agency JRVno f'/<vue lAr(laC �in Agent Name . or) lloonon. �hCEcAO( Telephone Number ILI AVFUCOR-03 YY CERTIFICATE OF LIABILITY INSURANCE „wIfIn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and condition this certificate does not confer rights to the certificate holder in lieu I PRODUCER Avsurance Corporation 47 W. Ellsworth Rd. Ann Arbor, MI U108 INSURED Avfuel Corporation 47 West Ellsworth Road Ann Arbor, MI 48108 COVERAGES CERTIFICATE NUMBER: must have ADDITIONAL INSURED provisions or be endorsed. certain policies may require an endorsement. Astatement on THIS IS TO CERTIFY THAT 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 RESPECTTO 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ Ban LTR TWEOFIXSVRAXCE ABBL INSD SUB POLICY NUMBER PBIICYEFF AND MAD PIXICYIEP MMD IIMFs A X ColM RCMLGEXERALLIABIIRY EACH OCCURRENCE CIAIM54UDE O GCCUR 7/1/2021 Ii1t = OAMAGETORENIED PREMISES Fa cm�mms X MEOEw Aviation Products X Completed Operations PERSwALa ADVNJURY GENLAGGREGATE LRMryn APPLES PER GENERALAGGREGATE X POLICY jECT LBC PRODUCTS-COMPR PAGG On Airport Auto OTHER_ B AIrPOMOBIIEQABIQn, (Ea COMBINEDSINGLELIMO X ARYAUTO 10i1=1 1011a022 BODRYINJORY Per OWNED SCHEDULED AUTOS ONLY AUTOS BODRYINJORY Peraee Jenl X IT Al1TOS ONLY X �LY eeOPEp DAMAGE UMBRELLA UJID OCCUR EACH OCCURRENCE ESCESS LIMB UAIMSMMIE AGGREGATE DEO RETENTION$ C NVRNFRscmusa mom AND EMPLOYEES'W&OTY T.IX ANYPRCPRIETORNMR.FRIE%ECVIIVE VanI LUCEO9 �N ��MM�a�n WA St1/2921 $i1i2g22 X PER oTFF STAHAC ER EL EACH ACC BEM EL DISEASE -FA EMPLOYE J yes, Jeembe under DESCR PTION OF OPERATIONS rude EL DISEASE-POOCY OMIT pPollution 1011IM21 1DOMDU A Cyber m1no21 Mason GESCWPNOXOFWERMMILCCATlXS/VEHICLES IACORB101,AWJ ntl Ra ScWule,mq LeaaacNedB sgcemr irM The certificate holder is additional insured RFP Solicitation 7947. Thirty day notice of cancellation or policy change will be provided. UtKI IHILAI E HUUJeH CnIXCELLADUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cdlaur COun Bound of County COmmessax-rus THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Tdal Fast Naples, FL 34112 AmNDRIr£D REPHFSENTATNE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD aawcn FLORIDA Issued Pursuant to Chapter 206, Florida Statutes AVFUEL CORPORATION ATTN MR. JOHN C. FITCH TAX AUDIT SPECIAL 47 W ELLSWORTH RD ANN ARBOR MI 48108-2206 Dear Taxpayer: DR-114 R. 05117 10/28/21 Attached below is your Fuel/Pollutants tax license issued pursuant to Chapter 206 of the Florida Statutes. This authorizes the license holder to engage in the fuel/pollutants activity classifications listed on the license. The license must be displayed Conspicuously at the principal place of business. The license is only valid for the person/business named and cannot be transferred or assigned to another entity or person. Whenever the license is held by a corporation or business entity, there can be no change of stock, ownership, or equity without prior approval by the Department. The license is only valid through the expiration date listed. If no expiration date is listed, the license is valid until notified by the Department. If= Issued Pursuant to Chapter 206, Florida Statutes Expiration Date: 12/31/2022 AVFUEL CORPORATION ATTN MR. JOHN C. FITCH TAX AUDIT SPECIAL 47 W ELLSWORTH RD ANN ARBOR MI 48108-2206 Location: License Activity: Pollulants-Importer Wholesaler Importer Exporter DR-114 R. 05117 10/28/21 License is Not Transferable - it Must be Posted In a Conspicuous Place This buelnees has complied wen the required provisions of chapter 206, Florida Statutes, and is authodaed to engage in fuel activities under the license activity demarcation listed above. If no expiation date is listed, the license is valid undl hill by the potentia t 0 Revenue. L DR-73 2022 Florida Annual Resale Certificate for Sales Tax R. 10121 5 This Certificate Expires on December 31, 2022 FLORIDA Business Name and Location Address Certificate Number AVFUEL CORPORATION 47 W ELLSWORTH RD ANN ARBOR, MI 48108-2206 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re -rented for one or more of the following purposes: • Resale as tangible personal property • Re -rental as tangible personal property • Resale of services • Re -rental as commercial real property • Incorporation into tangible personal property being repaired • Re -rental as transient rental property • Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing Your Florida Annual Resale Certificate for Sales Tax (Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold or re -rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridamvenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Mobile App: Available for !Phone, !Pad, and Android devices -so ler County Email: Glens.Risueno(@,coIIiercoumyfl.gOV Adrrinstr lE Seums Dmsim Pm wemel S"Nphone: () Telephone: 239 252-6098 Addendum #1 Date: 12/3/2021 From: Glenys Risueno, Procurement Strategist To: Interested Bidders Subject: 22-7947 Aviation Fuel purchase and Delivery The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to release the file below: • 22-7947 Pre -Proposal Meeting Audio If you require additional information, please post a question on our Bid Sync (www.bidsvna.com) bidding platform under die solicitation for this project. CC: Andrew Bennett, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced oL It tj � 12/17/21 (Signature) Date Avfuel Corporation (Name of Finn) -so ler County Email: Glens.Risueno(rDcolliercountvtl.eov AorriristnAv Seums DMsim Pm wemel S"NPhone: () Telephone: 239 252-6098 Addendum #2 Date: 12/6/2021 From: Glenys Risueno, Procurement Strategist To: Interested Bidders Subject: 22-7947 Aviation Fuel Purchase and Delivery The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to release the document below: • List of the required filters for die fuel trucks and tank from including the stock numbers and quantities. If you require additional information, please post a question on our Bid Sync (www.bidsvna.com) bidding platform under die solicitation for this project. CC: Andrew Bennett, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above reference,q,wileitattton. 12/17/21 (Signatme) Date Avfuel Corporation (Name of Finn)