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#11-5642 (The Hiller Group, Inc.)
Purchasing Department ties _ . . . co "" t 3327 Tamiami Trail East Naples, Florida 34112 °sire Sic Telephone:(239)252-8995 Purchasing FAX: (239)252-6588 Email:ScottJohnsonfa.colliergov.net www.colliergov.netlpurchasinq Memorandum Subject: Contract#11-5642 "Aviation Fuel Purchase and Delivery" Date: December 14, 2011 From: Diana De Leon for Scott Johnson, Procurement Strategist To: Ray Carter, Manager Risk Finance This Contract was approved by the BCC on November 8, 2011 agenda item 16G3. The County is in the process of executing this contract with The Hiller Group, Inc. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. In 4r- , %rove y: V4.111k /274// Risk r anagement Signature Date (Please route to County Attorney via attached Request for Legal Services) ckECE VED ,)EC 1 4 20t RISK MANAGEMENT G/Acq u isitions/AgentFormsand Letters/RiskMgmtReviewofl nsu rance4/15/2010/16/09 l- (.2120(0 MEMORANDUM Date: December 27, 2011 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #11-5642 "Aviation Fuel Purchase and Delivery" Contractor: The Hiller Group, Inc. Attached, is an original copy of the contract referenced above (Item #16G3), approved by the Board of County Commissioners on Tuesday, December 13, 2011. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. AGREEMENT 11-5642 for Aviation Fuel Purchase and Delivery THIS AGREEMENT, made and entered into on this 8th day of November 2011, by and between The Hiller Group, Inc, authorized to do business in the State of Florida, whose business address is 5321 Memorial Highway, Tampa FL 33634, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on November 21, 2011, and terminating on November 20, 2013. 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 three (3) additional one (1) year periods. The County 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. 2. STATEMENT OF WORK. The Contractor shall provide Aviation fuel in accordance with the terms and conditions of RFP #11-5642, Exhibit A, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "A". Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of 7 3.1 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 contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: The Hiller Group, Inc. Attn Wesley G. Earl 5321 Memorial Highway Tampa, FL 33634 Telephone: 813-882-3313 Facsimile: 813-882-4294 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 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. 6. 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. 7. 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. Payment for all such permits issued by the County shall be processed internally by the County. Page 2 of 7 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. 8. 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 contract 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 the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $5,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $5,000,000 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. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 3 of 7 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Pollution Insurance: Pollution coverage shall be carried in limits of not less than $1,000,000 Per Occurrence. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Airport Authority. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A, Contractor's Proposal, Insurance Certificate, RFP #11-5642- Purchase and Delivery of Aviation Fuel Specifications/Scope of Services. Page 4 of 7 16. 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. 17. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the 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. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Page 5 of 7 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. 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. Page 6 of 7 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATES .•. . ._+_ COLLIER COUNTY, FLORIDA D WtAr. . f ; Cou is . 47,7 F iI By: D., d: Fred W. Coyle, Chairman .bra CAr ti +�r i ,° The Hiller Group Inc. By: .emu -IP First Witness • Signature West-el Lel TType/print'witness namel' i ,G.'111%/A _ �C k Find -son Sec•nd etness Typed signature and title fflei" tress l u-- TType/print witness namel' Approved as to form and legal sufficiency: eib4(0,8169-t(- - Assistant County Attorney CoII M •6v&e - Print Name Page 7 of 7 Exhibit A TAB III—Cost of Services to the County Payment of Terms Offered EFT Net 30 days Cost of Credit Card Processing Standard Accelerated Credit Card Type Settlement Settlement Discount Settlement Discount Settlement Time Rate Time Rate Chevron Retail Card 0.0% Within 72 hrs 0.0% Within 72 hrs Alliance Card(contract fuel) 0.0% Within 72 hrs 0.0% Within 72 hrs Alliance Card (retail sale) 1.9% Within 72 hrs 1.9% Within 72 hrs Visa (Qualified) 2.2% Within 72 hrs 2.2% Within 72 hrs Visa(Non-Qualified) 3.2% Within 72 hrs 3.2% Within 72 hrs MasterCard(Qualified) 2.2% Within 72 hrs 2.2% Within 72 hrs MasterCard(Non-Qualified) 3.2% Within 72 hrs 3.2% Within 72 hrs American Express 3.0% 30 days 3.0% Within 72 hrs Discover 3.0% 30 days 3.0% Within 72 hrs AVCARD 3.0% 30 days 1.95% Within 72 hrs Multi Service Aviation 3.0% 30 days 3.5% Within 72 hrs AirCard 3.25% 30 days 4.25% Within 72 hrs Note: Qualified transactions are cards swiped through the POS machine and settled before midnight of the same day. All other scenarios such as self-service transactions are non-qualified Visa/MasterCard transactions and are processed at a rate of 3.2%. Standard Settlement: Hiller Alliance cards and MasterCard and Visa will be settled to your account within 2 to 4 days. American Express, Discover, Multi Service Aviation, and AVCARD will be settled 30 days after transaction date. Accelerated Settlement: All card types will be settled to your account within 72 hours after processing. The Hiller Group Inc. - RFP#11-5642 Aviation Fuel Purchases and Delivery Page 8 Exhibit A Cost of Fuel or Discount 3etA An itemized list of all applicable Federal and State taxes and fees for Jet A deliveries: Federal Excise $0.24400 per gallon Federal LUST $0.00190 per gallon State Taxes $0.08995 per gallon An itemized list of all transportation and delivery fees including current fuel and insurance surcharges for jet fuel delivery to the three (3) airports: Marco Island FL $0.08755 per gallon Immokalee FL $0.12219 per gallon For price history purposes, fuel and insurance surcharges on transportation and delivery fees have fluctuated throughout the last 12 months. The above delivery rates are based on current fees. Chevron Jet A price is calculated based on a differential above the weekly average Platt's US Gulf Coast Jet 54 Pipeline Mean. The Platt's average price is calculated each Monday (or Tuesday when Monday is a holiday) for the previous week (Monday-Friday published trading days only) and is effective for the following Tuesday through Monday period. The Hiller Group, Inc. will not only guarantee Jet fuel supply but pricing with a guarantee to match or beat any suppliers cost based on an industry pricing formula. This guarantee provides assurances that the Collier County airports are receiving competitive pricing rather than pricing for bid purposes. Cost of Jet A fuel additive is available in 5-gallon pails for $75 per pail. Shipping cost are waived with a purchase of 6 pails/order. 55-gallon drums are available for $635 and includes shipping cost. Cost is approximately 1.5 — 2 cpg. The Hiller Group will pay for two (2) fifty-five (55) gallon drums of the Prist additive per year ($1300/year or$6500 over 5 years) The Hiller Group Inc. - RFP#11-5642 Aviation Fuel Purchases and Delivery Page 9 Exhibit A Avgas lOOLL An itemized list of all applicable Federal and State taxes and fees for Avgas 100LL deliveries: Federal Excise $0.19400 per gallon Federal LUST $0.00190 per gallon State Taxes $0.08995 per gallon An itemized list of all transportation and delivery fees including current fuel and insurance surcharges for Avgas 100LL delivery to the three (3) airports: Marco Island FL $0.09376 per gallon Immokalee FL $0.08311 per gallon Everglades City FL $0.10641 per gallon For price history purposes, fuel and insurance surcharges on transportation and delivery fees have fluctuated throughout the last 12 months. The above delivery rates are based on current fees. Chevron Avgas 100LL is a posted market price. The Hiller Group, Inc. will not only guarantee Avgas 100LL supply but pricing with a guarantee to match or beat any suppliers cost based on market-based pricing or an industry pricing formula. This guarantee provides assurances that the Collier County airports are receiving competitive pricing rather than pricing for bid purposes. The Hiller Group Inc. - RFP#11-5642 Aviation Fuel Purchases and Delivery Page 10 OP ID:7S A ° CERTIFICATE OF LIABILITY INSURANCE DATE 11/15D/YYYY) 11/15/11 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,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 the certificate holder In lieu of such endorsement(s). PRODUCER 212-797-9600 CONTACT NAME: Bollinger,Inc. PHONE FAX 100 Wall Street 212-425-0719 (A/C,No,Eat): (A/C,No): New York,NY 10005-3701 E-MAIL David E.Kimball,Jr. ADDRESS:PRODUCER CUSTOMER ID#:WORLD-9 INSURER(S)AFFORDING COVERAGE NAIC# INSURED The Hiller Group,a subsidiary INSURER A:Federal Insurance Company 124 of World Fuel Services Corp. INSURER B:Hartford Fire Insurance Co. 19682 Adrienne Urban,Treasurer INSURER C:Travelers Indemnity Company 25658 5321 Memorial Highway Tampa,FL 33634 INSURER D:Natl U Fire Ins Co Pttsbrgh PA 19445 INSURER E: 26883 _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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR PO W VLICY EFF POUCY EXP LIMITS LTR INSR D POUCY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 35898447 07/01/11 07/01/12 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY JECT LOC Emp Ben. $ 1,000,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO 31UENHX2579 07/01/11 07/01/12 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 D X 25030381 07/01/11 07/01/12 - DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X STU- 0TH- AND EMPLOYERS'LIABILITY Y/N TWC ORY LATIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE YVYBO-UB-6573N73-1-11 07/01/11 07/01/12 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Pollution PLS1951951 07/01/11 07/01/14 Limit 15,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:contract#11-5642"Aviation Fuel Purchase and Delivery" Collier County is named as Certificate Holder and an Additional Insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Dept ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE (friar ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD