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2010-03STATE OF FLORIDA
AGENCY AGREEMENT FOR ELIGIBLE USERS
ISSUED UNDER CONTRACT N0.973-163-06-1
FOR THE STATE OF FLORIDA FUEL CARD SERVICE PROGRAM
Definitions:
"Agreement" means; the Fuel Card Services Contract (973-163-06-1) by and between the STATE OF
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ("Department"), TransMontaigne Product
Services, Inc. ("TransMontaigne" or "Seller"), and Comdata Network, Inc., hereinafter collectively referred to
as the "Parties" or "Contractor", which incorporates Contact Amendments, the Department's Invitation to
Negotiate ("ITN") No. 43-973-163-X and Comdata's response to such ITN.
"Eligible Users" is defined in 60A-1.005, F.A.C. The following entities are eligible users:
1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence
within the State of Florida;
2. Any independent, non-profit college or university that is located within the State of Florida and is
accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12)
F.S. Law Implemented 287.012 (12) F.S. History -New 8-24-04.
Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department
approval under section 287.042(2)(a} as an eligible user of the Contract.
City of Clermont
(Name of Eligible User)
59-6000290
(Federal/State Tax Identification Number}
Freddy Suarez 352-241-7386
(Name, Phone #, and a-mail of Fuel Card Program Administrator)
685 West Montrose Street
{Billing Address}
Clermont, FL 34711
{City, State and Zip Code)
All other capitalized terms used in this Addendum without definition have the meanings set for thin the
Agreement.
AEreements of Contractors and Eligible User:
1. Eligible User represents that it is authorized by the laws of the State of Florida to enter into this Addendum
and to become an Eligible User under the Agreement.
2. Eligible User hereby requests the services of Contractor described in the Agreement and agrees to perform
all duties of an Eligible User under the Agreement, including, without limitation, payment of ail charges on its
account (s}within the time periods provided under the Agreement, payment of any fees provided in the
Agreement (at the rates set for the in the Agreement), and cooperation with respect to providing all necessary
information for the administration of the Agreement. Eligible User agrees to be bound by the terms and
conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards,
disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Eligible
Entity's account.
CERTIFICATE OF FARMING USE OR STATE USE (KEROSENE OR DIESEL FUEL}
(To support vendor`s claim for a credit or payment under section 6427 of the Internal Revenue Code.}
Name, address and employer identifiication number of ultimate vendor:
TransMontaigne Products Services, Inc.
1670 Broadway Street, Suite 3100
Denver, CO 80202
Federal Tax Identification Number - 84-1477374
The undersigned buyer ("Buyer") hereby certifies the following under penalties of perjury:
A. Buyer will use the diesel fuel or kerosene to which this certificate relates - {check one}:
1. On a farm for farming purposes (as defined in §48.6420-4 of the Manufacturers and
Retailers Excise Tax Regulations} and Buyer is the owner, tenant, or operator of the farm on which the
fuel will be used;
2. On a farm as defined in §48.6420-4{c}j for any of the purposes described in
paragraph (d) of that section (relating to cultivating, raising, or harvesting) and Buyer is not the owner,
tenant, or operator ofi the farm on which the fuel will be used; or
X 3. For the exclusive use of a State or local government, or the District of Columbia.
B. This certificate applies to the following (complete as applicable):
1. If this is a single purchase certificate, check here and enter:
a. Invoice or delivery ticket number
b. Number of gallons
2. if this is a certificate covering all purchases under a specified account or order number, check
here X and enter:
a. Effective date ~ l2 t~
b_ Expiration date D {period not to exceed 1 year after the effec#ive date}
c. Buyer account or or er number
Buyer will provide a new certificate to the vendor if any information in this certificate changes
if Buyer uses the diesel fuel or kerosene to which this certificate relates for a purpose other than sta#ed in
the certificate, Buyer will be liable for any tax.
Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such
fraudulent use of this certificate to a fine or imprisonment, or both, toge#her with the costs of prosecution.
Wayne Saunders
Printed or-typed name of person signing
City Manager
Title of person signing
City of Clermont
Name of Buyer
~s-6ooozso
Employer identification number
685 West Montrose Stree#, Clermont, FL 34711
Address of Buver' ~
nature
Model Certificate B (Federal Tax Only)
CERTIFICATE FOR STATE USE OR NONPROFIT EDUCATIONAL
ORGANIZATION USE (GASOLINE OR AVIATION FUEL)
(To support vendor's claim for a credit or payment under § 6416(a}(4) of the Internal Revenue Code.)
Name, address and employer identification number of ultimate vendor:
TransMontaigne Product Services Inc.
1670 Broadway, Suite 31x0
Denver, CO 80202
Federal Tax Identification Number - 84-1477374
The undersigned ultimate purchaser ("buyer") hereby certifies the following under the penalties of perjury"
Buyer will use the gasoline or aviation gasoline to which this certificate relates (check one):
X For the exclusive use of a state; or
For the exclusive use of a nonprofit educational organization.
This certificate applies to the following (complete as applicable):
This is a single purchase certificate:
1.
2.
Invoice or delivery ticket number
Number of gallons
X This is a certificate covering all purchases under a specified account or order number:
1. Effective date
2. Expiration date (period not to exceed 1 year after the effective date)
3. Buyer account number
Buyer will provide a new certificate to the vendor if any information in this certificate changes.
Buyer understands that by signing this cert~cate, Buyer gives up its right to claim any credit or payment
for the gasoline or aviation gasoline to which this certificate relates.
Buyer acknowledges that it has not and will not claim any creditor payment for the gasoline or aviation
gasoline to which this certificate relates.
Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making
such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
Wayne Saunders
Printed or typed name of person signing
City Manager
Title of person signing
City of Clermont
Name of Buyer
59-6000290
Employer identification number
685 West Montrose Street, Clermont, Fl_ 34711
Address of
Signature~afid date signed
** Please see attached age for specific lanauaae from Publication 378 /page(s) 7 8 and 9J
Model Certificate D (Federal Tax Only)
State Term Contract for
Fuel Card Services
Contract No. 973-163-06-1
Contract between Comdata and the
Department of Management Services
Contract Term: Five Years with Five Rear Renewal ~ptioz~
Refer ALL Inquiries to:
David A. Bennett
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 370
Tallahassee, FL 32399-0950
(850} 921-x-072
($SU) 488-5498 {facsimile)
berined+2dnis.state.fl.us
Fuel Card Services Contract 973-163-05-1 Page I of3
Section 1.00: Introduction
Table of Contents
1.0 Introduction
PUR Form lUOd -General Cantract Conditions
PUR Form I001 -General Instructions to Respondents
2.0 Special Instructions to Respondents
3.0 Technical Specifications
4.0 Special Conditions
5.0 Forms
Fuel Card Services Contract 973-I63-06-1 Page 2 of3
Section 1.04: InEroduction
Z.~fl 1[C1tI'OdUCt1UTl
1.OI Purpose and Scope:
The State of FIorida, Department of Management Services, invites interested Respondents to submit
responses in accordance with the solicitation documents. The purpose of this solicitation is to establish
a five year Stag Term Contract far Fuel Card Services with the potential for a five year renewal option.
The intent is to obtain the mast cost effective Fuel Card Services far the State while maximizing the
quality and level of service. The Department is seeking qualified Fleet Fuel Card companies to provide
for the purchase of Fuel and alher services to maintain daily operation of Customer fleets throughout the
contract period. Qualified companies must have the capability to perform and complete the services in
all respeots in accordance with the solicitation documents.
1.02 FIistory:
The current Agreement (tloyager), which this contract will supercedc, is estimated at $20 million annual
spend of which approximately S16 million is by State Agencies. The current program has approximately
28,004 cards of which 13,000 are active during any given month. During the calendar year of 2003, there
were approximately 120 eligible users executing over 780,000 transactions at 11,004 locations throughout
the Stare. These estimated figures are provided as a historical reference of prior activity within the State
and should not be interpreted or construed as representing future activity.
Fuel Card Services Contract 973-163-Oo-1 Page 3 of 3
Section 1.00: Introduction
State of Florida
PUR IOOtI
General Contract Conditions
Contents
1. Defa~itions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Term Contracts.
5. Additional Quantities.
6. Packaging.
7. Manufacturer's Name anal Approved Equivalents.
$. Inspection at Contractor's Site.
9. Safety Standards.
I0. Americans with Disabilities Act.
II. Literature.
}2. Transportation and Delivery.
} 3. Installation.
1~. Risk of Loss.
15. Transaction Fee.
I 6. Invoicing and Payment.
17. Taxes.
I$. Governmental Restrictions.
19. Lobbying and Integrity.
20. Indemnification.
2 i . Limitation of Liability.
22. Suspension of Vi%ork.
23. Termination far Convenience.
2~. Termination for Cause.
25. Force Ma~eure, Notice of Delay, and i~To Damages for Delay.
26. Scope Changes.
27. Renewal.
28. Advertising.
29. Assignment.
30. Dispute Resolution.
31. Employees, Subcontractors, and Agents.
32. Security and Conf dentiality.
33. Independent Contractor Status of Contractor.
34. Insurance Requiren2enis.
3~. Warranty of Authority.
3b. Warranty of Ability to Perform.
37- I~~otices.
38. Leases and Installment Purchases.
39_ Prison Rehabilitative Industries and Diversified Enterprises, Inc. {P.RIDE).
40. Products Available from the Blind or Other Handicapped.
PUR I000 (03,04) 60A-1.002. I=.A.C.
Page 1 of 1
41. Modification of Terms.
42. Cooperative Purchasing.
43. Waiver.
44. Annual Appropriations.
45. Execution in Counterparts.
46. Severability_
47. Special Conditions.
1. Definitions. The definitions contained in s. 60A-I.OOI , F.A.C. shall apply to this
agreement. The following additional terms are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful
salicitatiou. The parties to the Contract will be die Customer and Contractor.
(b) "Customer" means the State agency or other entity that will order products directly
from the Contractor under the Contract.
{c} "Product" means any deliverable under the Contract, which may include
commodities, services, technology or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase
under the Contract (e.g., a formal written purchase order, electronic purchase order,
procurement card, or other authorized means).
2. Purchase orders. A Contractor shall not deliver or furnish products until a Customer
transmits a purchase order. AlI purchase orders shall bear the Contract or solicitation
number, shall be placed by the Customer directly with the Contractor, and shall be
deemed to incorporate by reference the Contract and solicitation terms and conditions.
Any discrepancy between the Contract terms and the terms stated on the Contractor's
order form, confirmation, or acknowledgement shall be resolved in favor of terms most
favorable to the Customer. A purchase order for services within the ambit of section
287.058(I} of the Florida Statutes shall be deemed to incorporate by reference the
requirements of subparagraphs (a) through (f} thereof. Customers steal[ designate a
contract manager and a contract administrator as required by subsections 287.057(IS) and
(16) of the Florida Statutes.
3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most
recently release model or version of the product at the time of the order, unless the
Customer specifically requests in writing an earlier model or version and the contractor is
willing to provide such model or version.
4. Price Changes Applicable only to Term Contracts_ If this is a term contract for
commodities ar services, the following provisions apply.
PUR I000 (03!04) 60A-I.002, F.A.C.
Page 2 of I3
(a) puantity Discoun#s. Contractors are urged to offer additional discounts far one time
delivery of large single orders. Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of
better pricing offered by the Contractor far substantially the same or a smaller quantity of
a product outside the Contract, but upon the same or similar teens of the Contract, then at
the discretion of the Customer the price under the Contract shall be immediately reduced
to the lower price.
(e) Sales Promotions. In addition to decreasing prices for the balance of the Contract term
due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period_ A Contractor shall submit to the
Contract Specialist documentation identifying the proposed (1) starting and ending dates
of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers_ upon
approval, the Conh~actor shall provide conspicuous notice of the promotion.
(d) Trade;-ln. Customers rrray trade-in equipment when making purchases from the
Contract. A trade-in shall be negotiated bet«,-een the Customer and the Contractor.
Customers are obligated to actively seek current fair market value when trading
equipment, and to keep accurate. records of the process. For State agencies, it may be
necessary• to provide documentation to the Depart.-Went of Financial Services and to the
agency property custodian pursuant to Chapter 273, F.S.
(e} Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in t]ze Contract terms or pricing if pricing or availability of supply is affected
by extreme and unforeseen volatility in the marketplace, that is, by circumstances that
satisfy all the fallowing criteria: (1) the volatility is due to causes wholly beyond the
Contractor's control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect an pricing or availability of supply is
substantial, and (4) the volatility so affects the Contractor that continued performance of
the Contract would result in a substantial loss.
5. Additional Quantities. For a period not exceeding ninety (90} days from the date of
solicitation award, the Customer reserves the right to acquire additional quantities up to
the amount shown on the solicitation but not to exceed the threshold far Category Two at
the prices submitted in the response to the solicitation.
6. Packaging. Tangible product shall be securely and properly packed far shipment,
storage, and stacking in appropriate, clearly labeled, shipping containers and aceordin? to
accepted commercial practice, without extra charge for packing materials, cases, or other
types of containers. At[ containers and packaging shall became and remain Customer's
property.
PUR 1000 (U3i04} 60A-1.002, F.A.C.
Page 3 of 13
7. Manufacturer's Name and Approved Equlr~alents. Unless otherwise specified, any
manufacturers' names, trade names, brand names; information or catalog numbers listed
in a specification are descriptive, not restrictive. With the Customer's prior approval, the
Contractor may provide any product that meets or exceeds the applicable specifications.
The Contractor shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The Customer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product ar plant or other facilities of a
Contractor to assess conformity with Contract requirements and to determine whether
they are adequate and suitable for proper and effective Contract performance.
9. Safety Standards. All manufactured items and fabricated assemblies subject to
operation under pressure, operation by connection to an electric source, or operation
involving connection to a manufactured, natural, or LP gas source shall be constructed
and approved in a manner acceptable to the appropriate State inspector. Acceptability
customarily requires, at a minimum, identification marking of the appropriate safety
standard organization, where such approvals of listings have been established for the type
of device offered and furnished, for example: the American Society of Mechanical
Engineers far pressure vessels; the Underwriters Laboratories and/or National Electrical
Manufacturers' Association for electrically operated assemblies; and the American Gas
Association for gas-operated assemblies. In addlt,an, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal
requirements relating to clean air and water pollution-
10. Americans with Disabilities Act. Contractors should identify any products that may
be used or adapted for use by visually, hearing, or other physically impaired individuals.
11. Literature. Upon request, the Contractor shall furnish literature reasonably related to
the product offered, for example, user manuals, price schedules, catalogs, descriptive
brochures, etc.
12. Transportation and Delivery. Prices shall include all charges .for packing, handling,
freight, distribution, and inside delivery. Transportation of goods shall be FOB
Destination to any point within thirty {30) days after the Customer places an Order. A
Contractor, within five (5) days after receiving a purchase order, shall notify the
Customer of any potential delivery delays. Evidence of inability or intentional delays
shall be cause for Contract cancellation and Contractor suspension.
13. Installation. Where installation is required, Contractor shall be responsible for
placing and instilling the product in the required locations at no additional charge, unless
otherwise designzted on the purchase order. Contractor's authorized product and price
list shall clearly and separately identify any additional installation charges- Al] materials
used in the installation shall be of good quality and shill be free of defects that would
PUR 1000 (03!0?) 60A-1.002, F.A.C.
Page 4 of 13
diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to
install or replace the product in the proper location. Contractor shall protect the site from
damage and shall repair damages or injury caused during installation by Contractor or its
employees or agents. If any alteration, dismantling, excavation, etc., is required to
achieve installaiion, the Contractor shall promptly restore the structure or site to its
original condition. Contractor shall perform installation work so as to cause the Least
inconvenience and interference with Customers and with proper consideration of others
on site. Upon completion of the installation, the location and surrounding area of work
shall be left clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
14. Risk of Loss. Matters of inspection and acceptance are addressed in s. 2I 5.422; F.S.
Until acceptance, risk of lass or damage shall remain with the Contractor. The
Contractor shall be responsible for filing, processing, and collecting all damage claims.
To assist the Contractor with damage claims, the Customer shall: record any evidence of
visible damage on all copies of the delivering carrier's Bill of Lading; report damages to
the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill
of Lading and damage inspection report. When a Customer rejects a product, Contractor
shall remove it from the premises within ten days after notification or rejection. Upon
rejection notification, the risk of loss of rejected or non-conforming product shall remain
with the Contractor. Rejected product not removed by the Contractor within ten days
shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer far costs and
expenses incurred in storing or effecting removal or disposition of rejected product.
15. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a
statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida
Statutes {2002), all payments shall be assessed a Transaction Fee of one percent {1.0%),
which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted from pavments to the
Contractor. If automatic deduction is not possible, the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports
and corresponding payments, Contractor certifies their correctness. All such reports and
payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the
purchase of any item(s) if such items} are returned to the Contractor through no fault,
act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is
non-refundable when an item is rejected or returned, or declined, due to the Contractor's
failure to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in addition
to alI outstanding fees. CONTR:~ICTORS DELINQUENT IN PAYING
TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING
FUTURE BUSINESS WITH TI-IE STATE.
PL''R 1000 {03/04) 60A-1.002, F.A_C.
Paae ~ of 13
I6. Invoicing and Payment. Invoices shall contain the Contract number; purchase order
number, and the appropriate vendor identification numbe7. The State may require any
other information from. the Contractor that the State deems necessary to verify any
purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electroruc invoices in lieu of paper-based invoices for those
transactions processed through the system. Electronic invoices shall be submitted to the
Customer through the Ariba Supplier Network (.ASN} in one of the following
mechanisms - EDI 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.22 and 287.05$5 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be
returned to a Contractor due to preparation errors will result in a delay in payment_
Contractors may call (850) 413-7269 Monday through Friday to inquire about the status
of payments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach
of the Contract and shall not relieve the Contractor of its obligations to the Department or
io other Customers.
17. Tales. The State does not pay Federal excise or sales taxes on direct purchases of
tangible personal property. The State will nut pay for any personal property taxes levied
on the Contractor or for any taxes levied on employees' wages. Any exceptions to this
para~,xaph shall be explicitly noted by the Customer on a purchase order or other special
contract condition.
18. Governmental Restrictions. If the Contractor believes that any governmental
restrictions have been imposed that require alteration of the material, quality,
workmanship or performance of the products offered under the Contract, the Contractor
shall immediately notify the Customer in writing; indicating the specific restriction. The
Customer reserves the right and the complete discretion to accept any such alteration ox
to cancel the Contract at na further expense to the Customer.
1.9. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062,
FS and Section 21b.347, FS.The Contractor shall not, in connection with this or any
other agreement with the State, directly or indirectly {1) offer, confer, or agree to confer
any pecuniary benefit on anyone as consideration for any State officer or employee's
decision, opinion, recommendation, vote; other exercise of discretion, or violation of a
known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit
of, or at the direction or request of, any State officer or employee. For purposes of clause
(2}, "gratuity" means any payment of more than nominal monetary value in the form of
cash, Travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits
of money, services; employment, or contracts of any kind. upon request of the
Customer's Inspector General, or other authorized State official, the Contractor shall
provide any type of information the Inspector General deems relevant to the Contractor's
integrity or responsibility. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents, or files of any type or form that
PUR ]000 (03/0-) 60A-1.002, F.A.C.
Page 6 of I3
refer to or relate to the Contract. The Contractor shall retain such records for the longer
of (1} three years after the expiration of the Contract or (2} the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http:/(dlis.dos.state.fl.us/barm/~enschedules/~enschLd.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State of#icial for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and the
State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel
and lodging expenses; and expert witness and documentary fees. The Contractor shall
not be responsible for any costs of investigations that do not result in the Contractor's
suspension or debarment.
20. Indemnification. The Contractor shall be fully Liable for the actions of it<S agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold
harmless the State and Customers, and their officers, agents, and emplo}Tees, from suits,
actions, damages, and costs of every name and description, including attorneys' fees,
arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by Contractor, its agents, employees,
partners, or subcontractors, provided, however, that the Contractor shall not indemnify
for that portion of any loss or damages proximately caused by the negligent act or
omission ofthe State or a Customer.
Further, the Contractor shall fully indemnify, defend, anal bald harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to violation or infringement of a
trademark, copyright, patens, trade secret or intellectual property right, provided;
however, that the foregoing obligation shall not apply to a Customer's misuse or
modification of Contractor's products or a Customer's operation or use of Contractor's
products in a manner not contemplated by the Contract or the purchase order. If any
product is the subject of an infringement suit, or in the Contractor's opinion is IikeIy to
become the subject of such a suit, the Contractor may at its sole expense procure for the
Customer the right to continue using the product or to modify it to became non-
infringing. If the Contractor is not reasonably able to modify or otherwise secure the
Customer the right to continue using the product, the Contractor shall remove the product
and refund the Customer the amounts paid in excess of a reasonable rental far past use.
The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any
legal action are contingent upon the State or Customer giving the Contractor (1) written
notice of any action or threatened action, (2} the opportunity to take over and settle or
defend any such action at Contractor's sole expense, and (3) assistance in defending the
action at Contractor's sole expense. The Contractor shall not be liable for any cost,
expense, or compromise incurred or made by the State or Customer in any Legal action
without the Contractor's prior written consent, which shall not be unreasonably withheld.
PUR 1000 (03/04) 60A-].002, F.A.C.
Page7of13
Zi. Limitation of Liability. For all claims against the Contractor under any individual
purchase order, and regardless of the basis on which the claim is made, the Contractor's
liability under a purchase order far direct damages shall be limited to the greater of
$300,000, the dollar amount of the purchase order, or two times the charges rendered by
the Contractor under the purchase order. This limitation shall not apply to claims arising
under the Indemnity paragraph contain in tl-~is agreement.
Llnless othet~nrise specifically enumerated in the Contract or in the purchase order, no
party shall be liable to another for special, indirect, punitive, or consequential damages,
including Iost data or records (unless the purchase order requires the Contractor to back-
up data or records}, even if the party has been advised that such damages are possible.
No party shall be liable for lost profits, lost revenue, or Iost institutional operating
savings. The State and Customer may, in addition to other remedies available to them at
law ar equity and upon notice to the Contractor, retain such monies from amounts due
Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the
Iike asserted by or against them_ The State may set off any liability or other obligation of
the Caniractar or its affiliates to the State against azny pa}merits due the Cantrac#or under
any contract with the State.
22. Suspension of Fork. The Customer may in its sole discretion suspend any or all
activities under the Contract, at any time, when in the best interests of the State to do so.
The Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to,
budgetary constraints, declaration of emergency, or other such circumstances. After
receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders_ Within ,ninety days, or any longer period agreed to by the
Contractor, the Customer shall either {I) issue a notice authorizing resumption of work,
at which time activity shall resume, or (2) terminate the Contract. Suspension of work
shall not entitle the Contractor to any additional compensation.
23. Termination for Convenience. The Customer, by written notice to the Contractor,
may terminate the Contract in whole or in part when the Customer deterrznines in its sole
discretion that it is in the State's interest to do so. Ths Contractor sha1I not furnish any
product after it receives the notice of termination, except as necessary to complete the
continued portion of the Contract, if any. The Contractor shall not be entitled to recover
any cancellation charges or last profits.
24. Termination for Cause. The Customer may terminate the Contract if the Contractor
fails to (1) deliver the product within the time specified in the Contract or a.ny extension,
{2} maintain adequate progress, thus endangering performance of the Contract, (3) honor
any term of the Contract, or (4} abide by any statutory, regulatory, or licensing
requirement_ Rule 60A-1.006(3}, F.A.C., goverts the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for
defaults of subcontractors at any tier, the Contractor shall not be liable for any excess
costs if the failure to perform. the Contract arises from events completely beyond the
control, and without the fault or negligence, ofthe Contractor- if the failure to perform is
PUR 1000 (03/04) b0A-1.002, F.A.C.
Page 8 of 13
caused by the default of a subcontractor at any tier, and if the cause of the default is
completely beyond the control of both the Contractor and the subcontractor, azid without
the fault or negligence of either, the Contractor shall not be liable for any excess costs for
failure to perform, unless the subcontracted products were obtainable from other sowces
in sufficient time for the Contractor to meet the required delivery schedule. If, after
termination, it is determined that the Contractor vas not in default, or that the default was
excusable, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the Customer. The rights and remedies of the
Customer in this clause are in addition to any other rights and remedies provided by law
or under the Contract-
2S. Force hlajeure, Notice of Delay, and No Damages for Delay. The Contractor shall
not be responsible fur delay resulting from its failure to perform if neither the fault nor
the negligence of the Contractor or its employees or agents contributed to the delay and
the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods,
or other similar cause wholly beyond the Contractors control, or for any of the foregoing
that affect subcontractors or suppliers if na aIternate source of supply is available to the
Contractor. In case of any delay the Contractor believes is excusable, the Contractor
shall notify the Customer in writing of the delay or potential delay and describe the cause
of the delay either (1) within ten (10) days after the cause that creates or will create the
delay first arose, if the Contractor could reasonably foresee that a delay could occur as a
resul#, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the
Contractor f rst had reason to believe that a delay could result. THE FOREGOING
SI=IALL CONSTITUTE. THE COItiITRACTOR'S SOi.E RErviEDi' OR E2iCLlSE
WITH RESPECT TO DELAY. Providing notice in strict accordance with this
paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be
entitled to an increase in the Contract price or payment of any kind from the Customer for
direct, indirect, consequential, impact or other costs, expenses or damages; including but
not limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cost, unless the
Customer deterfuines, in its sole discretion, that the delay wil! significantly impair the
value of the Contract to the State ar to Customers, in which case llie Customer may (I)
accept allocated performance or deliveries from the Contractor, provided that the
Contractor b ants preferential treatment to Customers with respect to products subjected
to allocation, or (2) purchase from other sources (without recourse to and by the
Contractor for the related costs and expenses) to replace all or part of the products that
are the subject of the delay, which purchases may be deducted from the Contract
quantity, or (3) terminate the Contract in whole or in pant.
2b. Scope Changes. The Customer may unilaterally require, by written order, changes
altering, adding to, or deducting from the Contract specifications, provided that such
changes are within the genera) scope of the Contract. The Customer may make an
equitable adjustment in the Contract price or delivery date if the change affects the cost
PLTR 1000 (03!04) 60A-1.002, F.A.C.
Page 9 of I3
or time of performance. Such equitable adjustments require the v~~ritten. consent of the
Contractor, which shall not be unreasonably withheld. If unusual quantity requirements
arise, the Customer may solicit separate bids to satisfy them.
27. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the
Contract, in whole or in part, for a period that may not exceed 3 years ar the term of the
contract, whichever period is longer. Any renewal skzall specify the renewal price, as set
forth in the solicitation response. The renewal must be in writing and signed by both
parties, and is contingent upon satisfactory performance evalua#ians and subject to
availability of funds.
28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not
publicly disseminate any information concerning the Contract without prior written
approval from the Customer, including, but not limited to mentioning the Contract in a
press release or other promotional material, identifying the Customer or the State as a
reference, or otlrer~vise linking the Contractor's name and either a description of the
Contract or the name of the State ar the Customer in any material published, either in
print ar electronically, to any entity that is not a party to Contract, except potential or
actual authorized distributors, dealers, resellers, ar service representative.
29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties
or obligations under the Contract, or under any purchase order issued pursuant to the
Contract, without the prior written consent of the Customer; provided, the Contractor
assigns to the State any and all claims it has with respect to the Contract under the
antitrust laws of the United States and the State. In the event of any assignment, the
Contractor remains secondarily liable for performance of the contract, unless the
Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do sa.
30. Dispute Resolution. Any dispute conceming performance of the Contract shall be
decided by the Customer's designated contract manager, who shall reduce the decision to
writing and serve a copy on the Contractor. The decision shall be final and wncIusive
unless within ten (10} days from the date of receipt, the Contractor files with the
Customer a petition for administrative heaxing. The Customer's decision on the petition
shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the
Florida Statutes. Exhaustion of administrative remedies is an absolute condition
precedent to the Contractor's ability to pursue any other form of dispute resolution;
provided, however, that the parties may employ the alternative dispute resolution
procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any IegaI or equitable action that
arises out of or relates to the Contract shall be the appropriate state court in Leon County,
Florida; in any such action; Florida law shall apply and the parties waive any right to jury
trial.
PUR 1000 (03/04) b0A-1.002, F.A.C.
Pate l 0 of I
31. Employees, Subcontractors, and Agents. AIi Contractor employees,
subcontractors, or agents performing work under the Contract shall be properly trained
technicians who meet or exceed any specified training qualifications. upon request,
Contractor shall furnish a copy of technical certification or other proof of qualification.
All employees, subcontractors, or agents performing work under the Contract must
comply with aII security and administrative requirements of the Customer. The State
may conduct, and the Contractor shall cooperate in, a security background check or
otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The
State may refuse access to, or require replacement of, any personnel for cause, including,
but not limited to, technical or training quaIif cations, quality of work, change in security
status, or non-compliance with a Customer's security or other requirements. Such
approval shall not relieve the Contractor of its obligation to perform all work in
compliance wrath the Contract. The State may reject and bar from any facility for cause
any of the Contractor's employees, subcontractors, or agents.
32. Secnriry and Confidentiality. The Contractor shall comply fully with aI.I security
procedures of the State and Customer in performance of the Contract. The Contractor
shall not divulge to third parties any confidential information obtained by the Contractor
or its agents, distributors, reseilers, subcontractors, offcers or employees in the course of
performing Contract work, including, but not limited to, security procedures, business
operations information, or commercial proprietary information in the possession of the
State or Customer. The Contractor shall not be required to keep confidential information
or material that is publicly available through no fault of the Contractor; material that the
Contractor developed independently without relying on the State's or Customer's
confidential i.nfarrrtatian, or rnaterial that is otherwise obtainable under State law as a
public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive
the Contract.
33.Contractor Employees, Subcontractors, and Other Agents. The Customer and the
State shall take all actions necessary to ensure that Contractorr's employees,
subcontractors and other agents are not employees of the State of Florida. Such actions
include, but are not limited to, ensuring that Contractor's employees, subcontractors, and
other agents receive benefts and necessary insurance (health, workers' compensations;
and unemployment) from an employer other than the State of Florida.
34. Insurance Requirements. During the Contract term, the Contractor at its sole expense
shall provide commercial insurance of such a type and with such terms and limits as may be
reasonably associated with the Contract. Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor. upon request, the Contractor shall
provide certificate of insurance. The limits of coverage under each policy maintained by the
Contractor shat} not be interpreted as limiting the Contractor's liability and obligations
under the Contract. All insurance policies shall be through insurers authorized or eligible to
write policies in Florida.
PUR 1000 (03/04) 60A-1.002, F.?..C.
Page 7 1 of l3
35. Warranty of Authority. Each person signing the Contract warrants that he or. she is
duly authorized to do so and to bind the respective party to the Contract.
36. Warranty of Ability to PerForm. The Contractor warrants that, to the best of its
knowledge, there is no pending or threatened action, proceeding, or investigation, or any
other legal or financial condition, that would in any way prohibit, restrain, or diminish the
Contractor's ability to satisfy its Contract obligations. The Contractor warrants that
neither it nor any affiliate is currently on the convicted vendor Iist maintained pursuant to
section 287.133 of the Florida Statutes, or on any similar list maintained by any other
state or the federal government. The Contractor shall immediately notify the Customer in
writing if its ability to perform is compromised in any manner during the term of the
Contract.
37. Natiees. All notices required under the Contract shall be delivered by certified mail,
return receipt requested,. by reputable air courier service, or by personal delivery to th.e
agency designee identified in the original solicitation; or as otherwise identified by the
Customer. Notices to the Contractor shall be delivered to the person who signs the
Contract_ Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as
defined in Section 17.001, F.S.} is required for State agencies to enter into or to extend
any Iease or installment-purchase agreement in excess of the Category Two aTnount
established by section 2$7.017 of the Florida Statutes_
39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Section 946.515(2), F.S. requires the following statement to be included in the
solicitation: "It is expressly understood and agreed that any articles which are the subject
of, or required to carry out, the Contract shall be purchased frorn the corporation
identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes;
and for purposes of the Contract the person, frm, or other business entity carrying out the
provisions of the Contract shall be deemed to be substituted for the agency insofar as
dealings with such corporation are concerned." Additional information about PRIDE and
the products it offers is available at httpaiwww.pridefl.com.
40. Products Available from the Blind or Other Handicapped. Section 413.036(3),
F.S. requires the following statement to be included in the so]icitation: "It is expressly
understood and agreed that any articles that are the subject of, or required to carry out,
this contract shall be purchased from a nonprofit agency for the Blind or for the Severely
Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same
manner and under the same procedures set forth in section 413.036(1) and (2), Florida
Statutes; and for purposes of this contract the person, firm, or other business entity
carrying out the provisions of this contract shall be deemed to be substituted for the State
agency insofar as dealings with such qualified nonprofit agency are concerned."
Additional infornation about the designated nonprofit agency and the products it offers is
available at http:,'Iwww.resueetofflorida.ore.
PUR 1000 (03/04) 60A-1.002, F.A.C.
Page 12 of 13
4I. iVlodification of Terms. The Contract contains all the terms and conditions agreed
upon by the parties, which terms and conditions shall govern. all transactions between the
Custoner and the Contractor. The Contract may only be modified or amended upon
mutual written agreement of the Customer and the Contractor. No oral agreements or
representations shall be valid or binding upon the Customer or the Contractor. Iva
alteration or modification of the Contract terms, including Substitution of product; shall
be valid or binding against the Customer. The Contractor may not unilaterally modify
the terms of the Contract by affixing additional terms to product upon delivery (e.g.,
attachment or inclusion of standard preprinted farms, product Iiierature, "sluink ~v~rap"
terms accompanying or affixed to a product, whether written or electronic) or by
incorporating such terms onto the Contractor's order or fiscal forms or other documents
forwarded by the Contractor for payment. The Customer's acceptance of product or
processing of documentation on forms furnished by the Contractor for approval or
payment shall not constitute acceptance of the proposed modification to terms and
conditions.
42. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the
agreement of the Contractor, other entities may be permitted to make purchases at the
terms and conditions contained herein. l~Ton-Customer purchases are independent of the
agreement between Customer and Contractor, and Customer shall not be a party to any
transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16}(a}, F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the
best interest of the State.
43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights
under this Contract shall not constitute or be deemed a waiver of the Customer's right
thereafter to enforce those rights, nor shall any single or partial exercise of any such right
preclude any other or further exercise thereof or the exercise of any other right.
44. Annual Appropriations. The State's performance and obligation to pay under this
contract are contingent upon an annual appropriation by the Legislature.
45. Execution in Counterparts. The Contract may be executed in counterparts, each of
which shall be an original and alI of which shall constitute but one and the same
instrument.
46. Severability. If a court deems any provision of the Contract void or unenforceable,
that provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable and all other provisions shall remain in full farce and effect.
47. Special Conditions. Pursuant to 60A-1.002(7), F.A.C., a Customer may attach
additional contractual and technical terms and conditions. These "special conditions"
shall take precedence over this form PUR 1000 unless the conflicting term in this form is
statutorily required, in which case the term contained in the form shall take precedence.
PUR 1000 (03!04) 60A-1.002, F.A.C.
Page 13 of 13
State of Florida
PUR I001
General Instructions to Respondents
Contents
1. Definitions.
2. General Instructions.
3. Electronic Submission of Responses.
4, Terms and Conditions-
5. Questions.
6. Conflict of Interest.
7. Convicted Vendors.
8. Discriminatory Vendors.
9. Respondent's Representation and .Authorization.
10. Performance Qualifications.
1 ] .Public Qpening_
12. Electronic Posting of hTOtice of Intended Award.
13. Firm Response.
I~-. Clarifications/Revisions.
15. Minor Irregularities/Right to Reject.
16. Contract Formation.
17. Contract Qverlap.
18. Public Records.
19. Protests.
1. Definitions. The definitions found in s. 60A-1.001; F.A.C. shall apply to this
agreement. The following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified. in the
Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with
these Instructions.
(d) "Response" means the material submitted by the respondent in answering the
solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory
Materials.
2. General Instructions. Potential respondents to the solicitation are encouraged io
carefully review all the materials contained herein and prepare responses accordingly.
3. Etectronic Submission of Responses. Respondents are required to submit responses
electronically. Far this purpose, alI references herein to sigZatures, signing requirements;
or other required acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or other similar symbol or process) attached to or
PUR 1001(3/04) Page I of 6
logically associated with the response created by the respondent within
MyFloridaMarketPlace. The respondent agrees that the action of electronically
submitting its response constitutes:
• an electronic signature on the response, generally,
• an electronic signature on any form or section specifically calling for a signature,
and
+ an affirmative agreement to any statement contained in the solicitation that
requires a definite confirmation or acknowledgement.
4. Terrrts and Conditions. All responses are subject to the terms of the following
sections of this solicitation, which, in case of conflict, shall have the order of precedence
listed:
• Technical Specifications,
• Special Conditions,
• Instructions to Respondents (PUR 1001),
• General Conditions (PUR 1000}, and
• Introductory Materials.
The Buyer objects to and shall not consider any additiona! terms or conditions submitted
by a respondent, including any appearing in documents attached as part of a respondent's
response. In submitting its response, a respondent agrees that any additional terms ar
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply with terms and conditions, including those specifying information that
must be submitted with a response; shall be grounds for rejecting a response.
S. Quesfions. Respondents shall address all questions regarding this solicitation to the
Procurement Off cer. Questions must be submitted via the Q&A Board wiflun
141yFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date
reflected on the Timeline. Questions shat! be answered in accordance with the Timeline.
All questions submitted shall be published and ans«-ered in a manner that all respondents
will be able to view. Respondents shall not contact arty other employee of the Buyer or
the State for information with respect to this solicitation. Each respondent is responsible
for monitoring the MyFloridai~iarketPlace site for new or changing information. The
Buyer shall not be bound by any verbal info.nnation or by any written information that is
not contained within the solicitation documents or forrnally noticed and issued by the
Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer
personnel shall not constitute format protest of the specifications or of the solicitation, a
process addressed in paragraph 19 of those Instructions.
6. Conflict of Interest. This solicitation is subject to chapter 122 of the FIorida Statutes.
Respondents shall disclose with their response the name of any ofricer, director,
employee or other agent who is also an employee of the State. Kespandents shall also
disclose the name of any State employee ~;rho ovens, directly or indirectly, an interest of
fve percent {5°fo) or more in the respondent or its affiliates.
PUR t OQ t (3!04) Page 2 of G
7. Convicted Vendors. A person or affiliate placed on the convicted vendor list
following a conviction for a public entity crime is prohibited from doing any of the
foilotiving for a period of 36 months from the date of being placed on the con«cted
vendor list:
• submitting a bid on a contract to provide any goods or services to a public entity;
• submitting a bid on a contract with a public entity for the construction or repair of
a public building or public work;
• submitting bids on leases of real property to a public entity;
• being awarded ar performing work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and
• transacting business with any public entity in excess of the Category Two
threshold amount ($25,000) provided in section 287.017 of'the Florida Statutes.
S. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor
list pursuant io section 287.134 of the Florida Statutes may not:
• submit a bid on a contract to provide any goods or sen-ices to a public entity;
+ submit a bid on a contract with a public entity far the construction or repair of a
public building or public work;
• submit bids on leases of real property to a public entity;
• be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract with any public entity; oz
• transact business with any public entity.
9. Respondent's Representation and Authorization. In submitting a response, each
respondent understands, represents, and acknowledges the following (if the respondent
cannot so certify to any of following, the respondent shall submit with its response a
written explanation of why it cannot do so).
• The respondent is not currently under suspension o.r debarment by the State or any
other governmental authority.
• To the best of the knowledge of the person Signing the response, the respondent,
its affiliates, subsidiaries, directors, officers, and employees are not currently
under investigation by any governmental authority and have not in the last ten
(IO) years been convicted or found liable for any act prohibited by law in any
jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
• To the best of the knowledge of the person signing the response, the respondent
has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
• The submission is made in good faith and not pursuant to any agreement or
discussion with, or inducement from, any frm or person to submit a
complementary or other noncompetitive response.
• The prices and amounts have been arrived at independently and without
consultation, communication, or agreement with any other respondent or potential
respondent; neither the prices nor amounts, actual or approximate, have been
PUR 1001(3/44) Page 3 of 6
disclosed to any respondent or potential respondent, and they will not be disclosed
before the solicitation opening.
The respondent has fully informed the Buyer in writing of ail convictions of the
frm, its affiliates (as defned in section 287.133(I)(a) of the Florida Statutes}, and
all directors, officers, and employees of the firnn and its affiliates far violation of
state or federal antitrust laws with. respect to a public contract far violation of any
state or federal law involving fraud, bribery, collusion, canspiracy or material
misrepresentation with respect to a public contract_ This includes disclosure of
the names of current employees who were convicted of contract crimes while in
the employ of another company.
• Neither the respondent nor any person associated with it in the capacity of owner,
partner, director, off~eer, principal, investigator, project director, manager,
auditor, or position involving the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil
judgrrient rendered against them or is presently indicted for or otherwise
criminally or civilly charged for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or slate
antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property; or
o Has within athree-year period preceding this certification had one or more
federal, state, or local government contracts terminated for cause or default.
• The product offered by the respondent will conform to the specifications without
exception.
• The respondent has read and understands the Contract terms and conditions, and
the submission is made in conformance with those terms and conditions_
• If an award is made to the respondent, the respondent agrees that it intends to be
legally bound to the Contract that is fornied with the State.
• The respondent has made a diligent inquiry of its employees and agents
responsible for preparing, approving, or submitting the response, and has been
advised by each of them that he or she has not participated in any communication;
consultation, discussion, agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in tine response.
• The respondent shall. indemnify; defend, and hold harmless the Buyer and its
employees against any cost, damage, or expense which may be incurred or be
caused by any error in the respondent's preparation of its bid.
• All information provided by, and representations made by, the respondent are
material and important and will be relied upon by the Buyer in awarding the
Contract. Any misstatement shall be treated as fraudulent concealment from the
Buyer of the true facts relating to submission of the bid. A misrepresentation
shall be punishable under law, including, but not limited to, Chapter 8l7 of the
Florida Statutes.
10. Performance Qualifications. The Buyer reserves the right to investigate or inspect
at any time whether the product, qualifcations, or facilities offered by respondent meet
PUIt 100] (3/04) Page 4 of6
the Contract requirements. Respondent shall at all times during the Contract term remain
responsive and responsible. Respondent must be prepared, if requested by the Buyer, to
present evidence of experience, ability, anal financial standmg; as well as a statement as
to plant, machinery, and capacity of the respondent for the production, distribution, and
servicing of the product bid, If the Buyer determines that the conditions of the solicitation
documents are not complied with, or that the product proposed to be furnished does not
meet the specified requirements, or that the qualifications, financial standing, or facilities
are not satisfactory, or that performance is untimely, the Buyer m.ay reject the response or
terminate the Contract. Respondent may be disqualified from receiving awards if
respondent, or anyone in respondent's emplo}anent, has previously failed to perform
satisfactorily in coiu~ection with public bidding or contracis_ Tlus paragraph shall not
mean or imply that it is obligatory upon the Buyer to make an investigation either before
or after award of the Contract, but should the Buyer elect to do so, respondent is not
relieved from fulfilling al] Contract requirements.
1I. Public Opening. Responses shall be opened on the date and at the Location indicated
on the Timeline. Respondents may, but are not required to, attend. The Buyer may
choose not to announce prices or release other materials pursuant to s. 119.07(3xm),
Florida Statutes. Any person requiring a special accommodation because of a disability
should contact the Procurement Officer at Least five (5} workdays priox to the solicitation
opening. If you are hearing or speech impaired, please contact the Buyer by using the
Florida Relay Service at (800) 9~5-8771 (TDD}.
li. Electronic PUSting ~I' Notice of Intended Avlard. Based on the evaluation, on the
dare indicated on the Timeline the Buyer shall electronically post a notice of intended
award at httR_/; fen.state.fl.us,'owa vbslotiva/vbs www.main menu. If the notice of award
is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of
dle delay and a revised date for posting the notice of intended award. Any person who is
adversely affected by the decision shall file with the Buyer a notice of protest within 72
hours after the electronic posting. The Buyer shall not provide tabulations ar notices of
award by telephone.
13. Firm Response. The Buyer may make an award within sixty (60) days after the date
of the opening, during which period responses shall remain firm and shall not be
withdrawn. If award is not made within sixty {50) days, the response shall remain firm
until either the Buyer awards the Contract or the Buyer receives from the respondent
written notice that the response is withdrawn_ Any response that expresses a shorter
duration may, in the Buyer's sole discretion, be accepted or rejected.
14. Ciarifications/Revisions. Before award, the Buyer reserves the right to seek
clarifications or request any information deemed necessary for proper evaluation of
submissions from aL respondents deemed eligible far Contract award. Failure to provide
requested information may result in rejection of the response.
15. AZinar lrreguIarities/Right to Reject. The Buyer reserves the right to accept or
reject any and all bids; or separable portions thereof, and to waive any minor irregularity,
PLR 1001{3/04} Page ~ of6
2.00 Special Instructions to Respondents
2.01 Definitions.
"System" means the State's 1ViyFloridaMarketPlace eProcurement system.
See the General Contract Conditions (PUR Form 1000) for definitions of "Contract;" "Customer,"
"Product" and "Purchase order."
See the General Instructions to Respondents (PUR Form 1001 }for definitions of "Buyer," "Procurement
Officer," Respondent," "Response" and "Timeline."
2.02 GeneralIustruction.
The Respondent shall read all of the solicitation documents and comply with all specified requirements.
Refer ALL Inquiries to:
David A. Bennett
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade w'ay, Suite 370
Tallahassee, FL 32399-0950
(S~0}911-4072
{850) 488-5498 (facsimile)
bennetd(a~dms. state. t~.us
2.43 Terms and Conditions.
AlI responses are subject to the tenors of the following sections of these solicitation documents, which, in
case of conflict, shall have the order of precedence fisted: Special Ir_structions to Respondents (Section
2); TeehnicaI Specifications (Section 3); Special Conditions (Section 4); General Contract Conditions
(PUR Form 1000) and General Instructions to Respondents (PUR Form 1001). The Department of
Management Services (Department) may consider any additional terms or conditions submitted by a
Respondent, including any appearing in documents attached as part of a Respondent's response. In
signing and submitting its response, a Respondent agrees that any additional terms ar conditions,
vuhether submitted intentionally or inadvertently, shaft have no force or effect. Failure to comply with
the terms and conditions, including those specifying information that must be submitted with a response,
shall be grounds for rejecting a response.
Z.04 Eligible Users of Contract.
All Florida government entities are considered Eligible Users of the Fuel Card Services contract. This
includes. but is not limited to, the Executive Branch, Legislative Branch, Judicial Branch, K-i2,
universities, community colleges, counties, cities, and other entities approved by the Department of
Management Services. Vdith the consent of the successful Respondent, purchases may be made under
the terms and conditions of this solicitation by governmental entities located outside the State of Florida.
Fuel Card Services Contract 473-163-06-1 Page i of9
Section 2.00: Special Instntctions to Respondents
technicality, or omission if the Buyer determines that doing so will serve the State's best
interests. The Buyer may reject any response not submitted in the manner specified by
the solicitation documents_
16. Contract Formation. "I'he Buyer shall issue a notice of award, if any, to successful
respondent(s), however, no contract shall be formed between respondent and the Buyer
until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by
a respondent in preparing or producing its response or for any work performed before the
Contract is effective.
17. Cotttraet Overtop. Respondents shall identify any products covered by this
solicitation that they are currently authorized to furnish under any state term contract. By
entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication
between agreements in the manner the Buyer deems to be in its best interest.
18. Public Records. Florida law generously defines what constitutes a public record;
see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its
response contains information that should not be a public record; the respondent shall
clearly segregate and mark that information. (far example, placing the material in a
separate electronic file, and including the word "Confidenrial" in the filename) and
briefly describe in writing the grounds for claiming exemption from the public records
law, including the specif c statutory citation for such exemption.
19. Protests. Any protest concerning this solicitation shall be made in accordance with
sections I20.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the
Florida Administrative Code. Questions to the Procurement Officer shall not constitute
formal notice of a protest. It is the Buyer's intent to ensure that specifications are written
to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3}(b), F.S. and Section 28-i 10.003, FIa. Admin. Code require that a
notice of protest of the solicitatinn documents shall be made within seventy-two hours
after the posting of the solicitation_
Section 120.57(3)(a}, F.S. requires the following statement to be included in the
solicitation: "Failure to file a protest within the time prescribed in section 120.57(3),
Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida
Statutes."
Section 28-110.00, Fia. Admin. Code requires the following statement to be included in
the solicitation: "Failure to file a protest within the time prescribed in Section 120.37(3),
Florida Statutes, or failure to post the bond or other security required by law within the
time allowed for fi]ing a band shall constitute a waiver of proceedings under Chapter
120. Florida Statutes."
PUR 1001(3;'04) Page 6 of 6
Appropriate governmental entities' purchasing laws, rules and regulations sha}} apply to purchases made
under this contract. Also, with the consent of the successful Respondent, purchases may be made under
the terms and conditions of this solicitation by vendors providing commodities and contractual services
to Eligible Users, under the condition that Fuel Card Services aze being used in the delivery of
commodities and contractual services to Eligible Users_
2.05 VVho May Respond.
The Department will accept responses from Fuel Card Service providers satisf}ping the Technical
Specifications {Section 3). Respondents must be full-service organizations capable of providing,
documenting and managing Fuel Card Services for all Users in the State of Florida.
The Department retains the right to request additional information pertaining to the Respondent's ability
and qualifications to accomplish all services described in this ITN as deemed necessary during the ITN
or after contract award. Failure to supply this information if requested may result in
disqualification of your response.
2.06 MyFloridaMarketPlace IT1Y Overview.
The Department uses the MyFloridaMarketPlace system #o receive bids electronically. See "Section 3"
of the General instructions {PUR 1001) for more detail.
2.07 MyP]oridalViarketPiaceSouroing Toal Tips.
When working in the Sourcing taoI, be aware of the twenty minute time-out function in the tool. This
means that you should save your work (click the SAVE button) at irten.~als of less than t.venty minutes
to ensure your entries since you last saved are not Iost.
Please note that clicking the SAVE buttan within the Sourcing tool only saves your ITN responses. The
SAVE button does not transmit your ITN response to the State. In order to transmit your ITN
response to the State; you must click the SUBMIT button on the SUM1v1ARY page of the ITN response.
After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted response
within the Sourcing tool to verify that the response is accurately and completely captured within the
Sourcing tool. Respondents must do this while there is sufficient time remaining in the Solicitation
period in the event you discover an eror and need to resubmit a revised response.
To validate your response, you should do the following before the Solicitation period ends:
- Go to My Responses tab within Sourcing tool after you submitted your response
- Click on the Response ID number of your last submitted response
- Re~~iew your response to make sure all responses are compEete, accurate and as you intended.
Iv4inimum areas to check are:
Text boxes -- Is your entire answer viewable?
^ Yes/No questions - Is the displayed answer correct?
I=uel Card Services Contract 973-163-U6-1 Page 2 of 9
Section 2.00: Special Instructions to Respondents
All uploaded dacunrent files /scanned documents -Can you open attached document and clearly
view entire content?
- Pricing Information -Are all prices you intended to submit visible and accurately captured
within Sourcing too]?
Required hems -Are all items completed as required within the Sourcing tool?
It is strongly recommended that you do nat wait until the last minute to upload and validate your
response to this or any solicitation.
2.08 1`umail Notification
Respondents are reminded that the Sourcing tool's email notifications are an option provided. as a
courtesy. T'he State of Florida is not under any obligation and does not guarantee that Respondents will
receive email noti#ications concerning the posting, amending or closing of ITNs. Respondents are
responsible for checking the MyFloridaMarketPlace Sourcing tool and/or the Vendor Bid System for
information and updates concerning this ITN.
2.09 MFIVIP Sourcing Tool Training for Respondents.
An optional conference call training session on how to use the 1vlyFloridaMarketPlace Sourcing Tool for
this ITN is scheduled on the date indicated on the Event Calendar.
Please go to:
http•i/marketalaee myflorida.com/vendor,'vendor solicitaiion/rfp event user ~uide.ups and
review the vendor training link and download the document. Please have this document open on
your desktop while participating on the call. To participate in the conference call, please call in
to the number provided approximately 1 minute before the scheduled time.
Additionally, an On-Demand web-based interactive training application to team how to respond
to an event using the MyFloridaMarkeiPlace sourcing tool is also available. This is another
vehicle to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot
make the Optional training conference call or want additional guidance. The link. is
http:!/marketplace.myflorida.com/vendorivettdor trainin~.htm click on Responding to Sourcing
Event_
2.10 Ordering Instructions.
Ordering Instructions included in the sourcing tool shall identify persons responsible for answering
questions about the Response and administering the resulting Contract and shall provide information
necessary for placing orders under the Contract.
2.11 Amendments to the Solicitation Documents.
The Department reserves the right to issue amendments to the solicitation. Notice of any amendment
will be posted within MyFloridaMarketPlace using the message board and the Vendor Bid System. Such
notice, if required, will contain the appropriate details for identifying ana/or reviewing the formal
Fuel Card Services Contract 973-163-06-1 Page 3 of 9
Section 2.00: Special Instructions to Respondents
changes to the solicit~tian. Each Respondent is responsible for monitoring the sites for new or changing
information concerning this solicitation.
2.12 Questions 8S Answers.
Respondents shall examine this solicitation to determine if the Department's requirements are clearly
stated. If there are any requirements which are unclear ar may restrict competition, Respondents should
submit notice to the Department during Stage ]using the Sourcing toot's Q&A Board by due date for
Respondents to submit questions listed in the Event Calendar. Do not contact the Purchasing Analyst or
Customers directly. Within the submitted question, Respondents must do the following:
1. Identify and describe in detail their difficulty in meeting the Department's specifications
2. Provide detailed justification for a change
3. Provide recommended changes to the specifications
A Respondent's failure to request changes by the date described in the Introduction (Section I~ of this
solicitation shall be considered to constitute Respondent's acceptance of the Department's
specifications. The Department shall determine what changes to the solicitation shall be acceptable to
the Department, if any. If required, the Department shall issue an addendum reflecting the acceptable
changes to this solicitation, which shall be posted as an addendum to the solicitation in the Sourcing tool
and on the State's Vendor Bid System in order that all Respondents shall be given the opportunity of
submitting responses to the same specifications.
Please note that questions will RIOT be answered via telephone or fax. The Department shall post the
answers to the questions via the System by the date stated an the Event C:aIendar. Each Respondent is
responsible for monitoring the System for new or changing information. 1~'ew communications will be
posted within the Message Center on the System. The Department shall not be bound by any verbal
information or by any written information that is not either contained within the solicitation documents
or formally noticed and issued by the Purchasing Analyst. Questions shall not constitute formal protest
of the specifications or of the solicitation. The formal protest process is described in PUR Form 1041
(Section 19) of this solicitation.
2.13 Execution of Response.
The response shall include all appropriate forms located within the MyFlotidalVlarketPlace Sourcing tool
RFX Info Section. Requested question responses location choices and pricing shall be entered
electronically in the MyFloxidal~iarketPlaee tool during Stage l and 2 of this solicitation as indicated.
Failure to prov7de all requested information within the response package may result in rejection of the
response.
2.14 Submittal of Response.
Respondents will submit their response via the i`2yFloridaMarketPlace Sourcing tool in the System. In
the event a Respondent submits more than one response, only the last response received by the system
shall be considered for award. Responses not submitted within the System shall be rejected_ Each
Respondent is responsible for ensuring that its response is submitted at the proper time. The Department
shall not consider late responses and the System will NOT accept responses after the due date and time
specified in the Event Calendar ar as amended by the Department. RESPONSES MClST BE
SUBMITTED IAi THE NTYPLORIDAMARIiETPLACE SOURCING TOOL BY THE DATE
SPECIFIED ON THE EVENT CALENDAR.
Fuel Card Services Contract 973-163-46-1 Page 4 of 9
Section 2.40: Special lnstructians to Respondents
2.1.5 Firm Responses.
The Department may make an award withiri six (6} months after the date of response opening, during
which period responses shall remain firm and shall not be withdrawn. If award is not made within six
(6) months, a response shall remain firm until either the Department awards the Contract or the
Department receives from. the Respondent written notice that the response is withdrawn. Any response
that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.
2.1b Response t.~pening and Electronic Posting of Nonce of Intended Award.
Responses shall be opened on the dates indicated in the Event Calendar and thereafter evaluated.
Respondents may, but are not required to, attend. Prices will not be read, pursuant to section
i 19.07(3}(m) of the Florida Statutes. After review, the Department shall electronically post a notice of
intended award at: htt •~/fcn state fl.uslowa vbs/awah~bs www.main menu.
If the award is delayed, in lieu of posting the notice on the date indicated on the Event Calendar, the
Department shall post a notice of the delay and a revised date for posting the notice of intended award.
Any person ~vho is adversely affected by the decision sh.ali fife with the Department a notice of protest
within 72 hours after the electronic posting (see PUR Form 1001, Section 19, of ti~is solicitation). The
Department shall not provide response rankings or notices of award by telephone.
2.17 Contract Formation.
Igo contract shall be farmed between Respondent and the Department until the Department signs the
Contract. The Department shad not be liable for any costs incurred by a Respondent in preparing or
producing its response or for any work performed before the Contract is effective.
2.1$ Special Accommodation.
Any person requiring a special accommodation at State Purchasing because of a disability should call
State Purchasing at (8S0) 488-8440 at Least five (5} workdays prior to the bid opening- If you are
hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at ($00)
955-$77l (TDD).
2.19 Contact Information.
Respondents shall identify the person responsible for establishing and administering specific agreements
with Eligible Customers under the terms of this Contract in the Contact Person section of the
MyFloridaMarketPlace RFX info Section.
2.2Q Reservations.
The Department reserves the right to reject any and all Responses received pursuant to this Inti~tation to
Negotiate, if the Depamnent detemnines such action is in the best interest of the State of Florida or the
Department. The Department reserves the right to negotiate concurrently or separately with competing
Respondents. The Department reserves the right to accept portions of a competing Respondent's Responses
and merge such portions into one project, including the inclusion of the entity offering such portions. The
Department reserves the right to waive minor irregularities in submitted Responses.
Puel Card Services Contract 973-163-06-1 Page 5 of 9
Section 2.00: Special Instructions to Respondents
2.21 Oral Presentation.
The Department reserves the rigt-rt to require any Provider to perfoml prior to the selection of Pro~~ider(s), an
operational demonstration and, an oral presentation on any hardware, soflwaze ar professional services included in its
Response. l•f the Department detemines that an operational demonsiraton and oral presentation are necessary, the
Depaztr-rrent shall schedule the presentation.
A written summary of the operational demonstration and ota1 presentation prepared by the Provider shall be regarded
as confimnation of this requirement and shall become part of the Respondent's response. A List of attendees and
copies of the agenda and all visuals should accompany the written summary. The inability of the Respondent to
conduct the operational demonstration and oral presentation within ten (10) days of written notification by the
Department will result in disqualification. The Pr>,vider(s} project manager(s) assigned to tlis Response must be
pre.Sent at the operational demonstration and oral presentation-
2.22 Disclosure of Response Contents.
All documentation prixluced as part of the Invitation to Negotiate ivz11 become the exclusive property of the
Department and may not be removed by an employee or agent of the Respondent. All Responses received from
Respondents in response to this Invitation to Negotiate ~;~itl become the property of the Deparrrnent and call not be
returned to the Respondent. The D~partxnent shall have the right to use any or alI ideas or adaptations of the ideas
presented in any Response received in response to this Invitation to Negotiate. Selection or rejection of a Response
will not affect this right.
2.23 Financial T_nformation.
The Respondent shall provide information detailing its financial position as well as the financial position of
any related companies. At a minimum, the information shall include the most recent audited financial
statements, in accordance with Generally Accepted Accounting Principles and not be more than twelve
months old. The most recent available Dunn and Bradstreet or equivalent reports on the Respondent, its
partners, and sub-canb-actors shall be pzavided.
2.24 State Objectives (rev. U7/28/{?4).
Within thirty {3Q) calendar days following award of the contract, the successful bidder shall submit
plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the
items/sertiaces covered by this solicitation.
1) One Florida Initiative: Florida is a state rich in its diversity. Governor Bush`s One Florida Initiative
is dedicated to fostering the continued development and economic growth of small and minority and
women-owned businesses. Central to this initiative is the participation of a diverse group of vendors
doing business with the state.
To this end, it is vital that minority and women-awned business enterprises participate in the State's
procurement process as both prime contractors and subcontractors under prime contracts. Small and
minority and women-owned businesses are strongly encouraged to submit replies to this solicitation.
To track the success of the One Florida Initiative, which has achieved substantial gains in extending
opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish
Fuel Card Services Contract 973-163-06-i Page 5 of 9
Section 2.~Q: Special Instructions to Respondents
benchmarks from which to measure supplier diversity in State contracting. Vendors who contract with
the state are obligated to provide information related to the use of minority- and women-owned
businesses and subcontractors.
The Contractor shall submit documentation addressing the Governor's One Florida Initiative and
describing the efforts being made to encourage the participation of small and minority and women-
owned businesses. Please refer to the Governor's "Equity in Contracting Plan" when preparing this
documentation:
http://www.oneflorida.org/myflorida/Government/Gavernorinitiativeslane Forida.%equity contract
ing.html
Equity in Contracting documentation should identify any participation by diverse contractors and
suppliers as prime contractors, sub-contractors, vendors, resellers; distributors, or such other
participation as the parties may agree. Equity in Contracting documentation shall include the timely
reporting of spending with certified and other minority business enterprises. such reports must be
submitted at least quarterly and include the period covered, the name, minority code and Federal
Employer Identification Number of each minority vendor utilized during the period, commodities and
services provided by the minority business enterprise, and the amount paid to each minority vendor on
behalf of each purchasing agency ordering under the terms of this contract.
2} Environmental Considerations: The State supports and encourages initiatives to protect and
preserve our environment_ The Contractor shalt submit as Bart of any proposa! the Contractor's plan to
support the procurement of products and materials with recycled content, and the intent of Section
287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any
hazardous waste generated by Respondent company. Reference Rule 62-730.1 b0, Florida
Administrative Code. It is a requirement of the Florida Department of Envirorunental Protection that a
generator of hazardous waste materials that exceeds a certain threshold must have a valid and current
Hazardous Waste Generator Identification Number. This identification number shall be submitted as
part of Respondent's explanation of its company's hazardous waste plan and shall explain in detail its
handling and disposa3 ofthis waste_
3} Cerrilieation of Drug-Free Workplace Program: The State supports and encourages initiatives to
keep the workplaces of Florida's suppliers and contractors drug Iiee. Section 287.087 of the Florida
Statutes provides that, where identical tie proposals are received, preference shall be given to a proposal
received from a Respondent that certifies it has implemented adrug-free workforce program. If
applicable, Respondent shall certify that the Respondent has adrug-free workplace program. The
Contractor shall describe how it will address the implementation of a drug free workplace in offering the
items of bid.
4} Products Available Pram the Blind or Other FIandicapped {RESPECT):
The State supports and encourages the gainful employment of citizens with disabilities. It is expressly
understood and agreed that any articles that are the subject of, or required to carry out, this contract shall
be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified
pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in
Section 413.036(1} and (2}, Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the provisions of this contract shall be deemed to be substituted for the state
Fuel Card Services Contract 973-1b3-06-] Paoe 7 of9
Section 2.00= Special Instructions to Respondents y
agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information
about the designated nonprofit agency and the products it offers is available at
http:/!www.respectofflorida.or~.
The Contractor shall describe how it will address the use of RESPECT in offering the items of bid.
5) Prison Rehabilitative Industries and Diversified Enterprises, Inc. {PRIDE):
The State supports and encourages The use of Florida correctional work programs. It is expressly
understood and agreed that any articles wh.ieh are the subject of, or required to carry out, this contract
shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and
under the same procedures set forth in Section 946.515(2}, and {4), F.S.; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract shall be
deemed to be substituted for this agency insofar as dealings with such corporation are concerned.
Additional information about PRIDE and the products it offers is available at http:!/w~ww.pridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of bid.
2.25 Response Evaluation and Selection Process.
A. In determining whether to select or reject a Response, the Department will consider and balance all
information submitted in response to this ITN, including information presented during oral
presentation; and to this extent, each requirement for solicited information is an evaluation criterion.
Responses that do not contain all the xequired information will be considered non-responsive and
will be rejected. In its assessment of submitted Responses, the Department will analyze the
information submitted in relation to the information requirements and evaluation criteria of Phis ITN,
tie appli:.able provisions of the Florida Star'u~, and uric Florida lld-rinistrative Code, and will
compare each Response to the other Responses subnutted and rank those Responses that are
responsive and responsible. The Department may then select one or more Responses for further
consideration, ox may reject all Responses.
B. Selected Provider(s) will be invited to provide more detailed clarifications of their Responses, to
provide interactive presentations of the Responses, and to enter into preliminary negotiations with
the Department. Based on the clarifications, presentations, and prelinuriary negotiations; the
Department will further evaluate each of the selected Responses by major category and solution
commponent areas consistent ~iztli the ITN.
C_ The Department may then, after ranking each of the major category and solution components, select
the most-worthy components for further negotiations, or the Department tnay reject all Responses.
The Department reserves the right to accept components of competing Responses and merge such
components into one project.
D. Based on the Response evaluation process and the clarification and prelimunary negotiation process,
the Department will enter into negotiations starting with the best-ranked Provider and may select
components from different Responses to achieve the best solution for the Department and the State.
The focus of the negotiations will be on achieving the best, most cost-effective, reliable, and efficient
solution. The Department reserves the right to negotiate concu-rently or separately with competing
Provider(s).
Fuel Card Services Contract 973-163-06-1 Page 8 of 9
Section 2.00: Special Instnzctions to Respondents
z.26 Evaluation Criteria for Stage i.
A. Respondent's Business History, Experience, and Organisation--
1. Experience of the Respondent and the extent to which the Response illustrates the Respondent's
project understanding; and prior experience (both government and non-government} for
grojects similar in type, size, and complexity as the Florida Fuel Card Services Frograrn.
2. The Respondent's ability demons~ated through its organization, its technical and managerial
gaalifications and skills, the staffing level proposed, it, facilities, and other resources available
to satisfy the Florida Fuel Card Services Program and application service requirements
proposed.
B. Respondent's Solution and Response to T"l''~l-
1. The extent to which the Response presents a ccjrnprehensive, coherent, consistent, and workable
plan for timely deploying the Florida Fuel Card Services PraQram consistent with the
requirement; of this 1Tl~J, including an assessment of the deliverables and sersr-ices proposed.
2. Th.e capability; reliability, and use-ability of the technology {hardware and software} proposed
for the Florida Fuel Card Services Program.
3. An assessment of the Response's implementation ]ong-term (five year minimum) operation,
maintenance, training and management grogram for the Florida Fuel Card Services Prograrn.
C. Retailer Acceptance (Fuel Card Coverage)--
i. Provide a list of all Retailers who accept your card. This list should provide sufficient
coverage of Fuei Retailers accepting the Fuel Card in the State of Florida. Separate and
identify Retailers by type of fleet. Vehicle, Marine anal Aircraft.
2. Provide a list of all alternative fuels retailers who accept your card.
3. Provide your company's process for adding new Fuel Retailers, to include Alternative Fuel
Retailers, for each type of fleet.
2.27 Evaluation Criteria for Stage 2.
Evaluation Criteria far Slate 2 will be provided prior to Stage 2.
Fuel Card Services Contract 973-1 b3-06-1 Page 9 of 9
Section 2.00: Special Instructions to Respondents
3.00 Technical Specifications
Contents
3.01 Definitions
3.02 Scope of Work
3.03 Fuel Card Services MiI]Jmum Requirements
Fuel Card
Fuel Card Retailer Acceptance
Fuel Costs
Immediate Use Vehicle Accessories
Eligible User Accounts
Fuel Card Reader Equipment at State and Eligible User Sites
3.0~ Fuel Markup
Decremental. Fuel Markup
Fuel Districts
Fuel Locations
Optional Fuel Product Ivlanagement at State and Eligible User Sites
3.05 Fuel Specifications
3.06 Contract Deliverables
Emergency Plan
Project l~ianagement Pro#essionai Certification
Implementation Plan
Training Plan
MarketingfOutreach Plan (to include other Elio ble Users}
Conference Room Pitot (requirements Gathering}
Minority Reports
District Map
3.01 Definitions.
"Agency Agreement" is the established agreement between the Eligible User and the
Contractor: using this Contract.
"Fuel" shall mean any Fuel product obtained through use of the Fuel Card. Fuel product shall
include all grades of unleaded gasoline (unleaded; unleaded plus or rnid-grade; and premium or
super unleaded) and fuel oil (on road diesel and off road diesel) to be used in State and Eligible
User vehicles and equipment where Fuel monitoring requirements are necessary.
Fuel product may also include gasoline and fuel oil used in State and Eligible User Marine Fleets
and/or Aircraft Fleets at Marinas and~or Airports where the Contractor's Fuel Card is accepted.
When the State deems necessar}~, Fuel product may also include alternative Fuels in certain areas
of the State of Florida where available.
"Fue[ Card" shall mean the card issued to State and Eligible Users for the purchase of Fuel and
Immediate t.TSe Vehicle Accessories.
Fuel Card Services Contract 973-163-06-1 Page 1 of 10
Section 3.00: Technical Specifications
"Fuel Card Services" shall mean providing services as described in this solicitation and as
established in the Contract, if any.
"Fuel District" shall mean the districts as identified in the Appendix included in this section of
the solicitation documents, entitled District ?~Iap, a:rd as more particularly detailed in section
3.04.
"Fuel Locations'' shall mean the type of locations where Fuel is available, as more particularly
detailed in section 3.04.
"Immediate Use Vehicle Accessories" shall mean any commodity and/or service, other than
Fuel. These commodities and/or services must be installed and/or performed on the Eligible
User's vehicle at the time of purchase.
"Fuel Markup" shall mean the Contractor's price to coverall costs associated with providing
Fuel Card Services for the purchase of Fuel product only, and as more particularly detailed in
section 3.04.
"OPTS" shall mean the Oil Price [nformation Service, an industry benchmark for pricing Fuel.
3.02 Scope of Work.
This Contract is to provide a FIeet Fuel Card program for Vehicle Fleets owned by state agencies
acid Eligible Users in the State of Florida.. This will include the purchase of Fuel and any
commodity and/or service for immediate use by the Eligible User to maintain daily operation of
their vehicle fleet. Also, the Fuel Card may be used at Marinas and/or Airports as allowed for
Marine Fleets and/or Aircraft Fleets. The Department seeks to improve duality and efficiency of
services delivered, improve Eligible User services and reduce cost.
3.d3 Fuel Card Services Minimum Requirements.
Fuel Card Services will be available to all Eligible Users in the State of Florida. The Contractor
will provide a Fuel Card that is accepted at Fuel Locations throughout the State of Florida for the
purchase of Fuel and Immediate Use Vehicle Accessories. Services shall also include
commodities and services tv be used during emergency situations as described and priced within
this contract's Emergency Plan. The Contractor will provide a detailed description of all Fuel
Card Services available to the State and Eligible Users. Services shall also include, but not
limited to, purchasing controls, reporting options, level 3 detailed transactions, online Eligible
User access for reporting purposes and account management, billing and payment options, etc.
Contractor shall provide the following, but not limited to, Fuel Card Services:
• Fuel Card
o Issuance and shipping second day mail, by 2pm EST, a#~Fuel Cards to Eligible Users will
be at the Contractor's expense. This includes additional and replacement cards as
required.
o Fuel Cards will be used for the purchase of Fuel and Immediate Use Vehicle Accessories.
Eligible Users will be responsible for setring Fuel Card restrictions.
o Detailed reports will be sei:t with the Eligible User's invoice. The Eligible User will
define the required detail of these reports.
o Ability to issue an access .number or PIN number for security purposes.
Fuel Card Services Contract 973-L63-06-1 Page 2 of 10
Section 3.00: Technical Specifications
o The Fuel Card Vendor shall provide the Eligible User's tax exempt ID number with the
fuel card at no cost to the Fuel Card Program Eligible Users.
Fuel Card Retailer Acceptance
o The Fuel Card is built o.n the Master Card platform and shall be accepted at all location
accepting Master Card for the purposes describe within this contract.
o Contractor will provide the State with ilieir process for adding new Fuel Retailers for all
fleets.
s Fuel Costs •
o Fuel costs for Vehicle Fleets in each Fuel District will be determined based on the OPIS
Weekly Newsletter terminal average Fuel price for the Fuel product purchased plus the
Contractor's Fuel Markup and all applicable taxes and/or petroleum associated fees
allowed. One Fuel terminal is assigned to each Fuel District.
e Fuel costs for Marine Fleets will be determined 'cased on cost plus the Contractor's Fuel
Markup and all applicable taxes and~or petroleum associated fees allowed.
o Fuel costs for Aircraft Fleets will be determined based cost plus the Contractor's Fuel
Markup and all applicable taxes and/or petroleum associated fees allowed.
a The Fuel price for the Fuel product purchased for Vehicle Fleets in each Fuel District will
apply to all counties listed in the Fuel District.
o The Contractor's Fucl Markup shall coF~tain aI1 costs associated with providing the Fuel
Card for the purchase of Fuel in each Fuel District, Marina and Airport.
o All applicable taxes will be exempt from the Fue€ costs. 'This tax exemption will be
excluded from the Fuei costs and disclosed on the Eligible User's invoice.
Immediate Use Vehicle Accessories
o The casts of Immediate Use Vehicle Accessories will not be included in determining the
Contractor's Fuel Markup.
o Commodities may include, but not Iimited to; motor oil, transmission fluid, brake fluid,
windshield wiper blades, fuses, tires, etc. These conunodities are far immediate use on
the Eligible User's vehicle at the time of purchase. These Commodities will be charged
at the Eligible User's negotiated price or at the Contractor's Fleet Management
discounted price, whichever is less. Commodity purchases outside of the State of
Florida may include applicable sales taxes.
o Services may include, but not limited to, car washes, vehicle maintenance, vehicle
repairs, fire service, towing etc. These services must be performed on the Eligible User's
vehicle at the time of purchase. These services will be charged at the Eligible User's
negotiated price or at the Contractor's Fleet Management discounted price. whichever is
less. Service purchases outside of the State of FIorida may include applicable sales taxes.
• .Eligible User Accounts
Fuel Card Services Contract 973-163-t)6-1 ~ Page 3 of 10
Section 3.Ofl: Technical Specifications
o The Contractor shall provide an on-line Account Management system to Eligible Users.
These accounts shall be accessible on-line for day to day management anal reporting
purposes.
o The Contractor shall provide Account Management Software and training to each
Eligible User. This software shall have the same functionality for all Eligible Users and
should interface with the Contractor's on-line systetu.
o If deemed necessary by the State, the Contractor shall pravlde programming, at no charge
to the State; 'for interfacing with the State's accounting system. Currently, the State is
using a legacy system called FLA1R. This system will be replaced with a new system
called Aspire based on the PeopleSoft system.
o Other Eligible Users will negotiate interface programming, to provide compatibility with
their accounting system, with the Contractor as required.
o The Contractor shall have an Eligible tlser service center that has fitll account
management services available between the hours of 7 a.m. and 6 p.m. EST. I~9onday
through Friday except far State holidays.
o The Contractor shall have at least ane Account Representative assigned to the State for
the management of the Contract.
• Fuel Card Reader Equipment at State and Eligible User Sites
o Installation of ail equipment with Fuel Card reader capability will be at the request of the
State or Eligible User the cost of v~~hi.ch shall be mutually agreed upon between the
Eligible User and Contractor.
o The Fuei Card reader shall capture Fuel purchase data in the same manner as a Retailer.
o The Contractor will be responsible for providing all equipt:~ent maintenance and software
updates as required. The Eligible User will be responsible for providing all electrical
connectons and data transmission lines as required.
3.04 Fuel Markup.
The Contractor shall provide a Fuel Markup to cover all costs associated with the purchase of
Fuel products. Fuel Markups may differ by Fuel Districts. The Fuel Markup shall be on a price
per gallon basis. The Contractor shall assess no other fees associated with Fuel Card Services
other than those described within this contract. The costs of Immediate Use ~'ehicie
Accessories will not be included in determining the Contractor's Fuel Markup.
Fuel prices from OPIS are listed for terminals, by regions, in reports called a PAD Report. The
State of Florida uses terminals listed in the PAD 1 Repart_ The Fuel. Markup will be for the
selected terminals as' posted in the PAD 1 report included in the OPIS V4'eekly Newsletter. The
OPIS avzrage Fuel price will change each week and be in effect Monday through Sunday.
Fuel Markups wil! apply to the purchase of Fuel at Fuel Locations within each Fuel District,
Marina and Airport. Fuel purchases within each Fuel District will be invoiced at the same price
throughout the Fuel District in the same week. The Fuel Markup for E'uel shall be based on a
price per gallon basis.
• Decremental Fuel i1~Zarkup
Fuel Card Services Contract 97.i-1bi-06-1 Page 4 of IQ
Section 3.Cr0: "Technical Specifications
The Contractor wilt submit Decremental Fuel Markups in each of the Fuel Districts that will
decrease as stated levels of Fuel volume are attained. Fuel volume is equal to the cumulative
total gallons of Fuel purchased by State and Eligible Users for the entire term of the Contract.
As stated Fuel volumes are met, the Contractor's Decremental Fuel Markup will become
effective accordingly. Fuel Markups and Decremental Fuel Markups will be submitted for
each Fuel District.
Decremental Fuel Markups will apply to the following Fuel volumes:
0 20,000,000 gallons
0 40,000,000 gallons
0 60,000,000 gallons
0 80,000,000 gallons
Decremental Fuel Markups for Fuel volumes beyond thaw listed will be negotiated on an
annual "basis.
~ Fuel Districts
The State will use Fuel Districts as the basis for determining Fuel costs for Vehicle Fleets
based on the following Fuel terminals as listed in tl~e OPIS Weekly Newsletter PAD i
Report.
Fuel District Fuel Terminal
Westeni District Bainbridge, GA
Northern District Jacksonville, FL
Central District Tampa, FL
Southern District Miami, FL
Out of State CIosest Fuel Terminal
Fuet costs for State aild Eligible User vehicles that travel outside of the State of Florida will
use the closest Fuel terminal as its basis far detennining Fuel cost as listed in the appropriate
OPIS Weekly 1ewsletter PAD Report.
Fuel costs far State and Eligible User Marine Fleets and/or Aircraft Fleets will use the closest
Fuel terminal as its basis for determining Fuel cost as listed in the appropriate 4PIS Weekly
Newsletter PAD Report. The Fuel price used will be the OPIS Weekly Newsletter terminal
average Fuel price for the Fuel product purchased plus the Contractor's Fuel Markup and all
applicable taxes and/or petroleum associated fees allowed.
Fuel Locations
The Contractor will provide a single Fuel Markup to cover the purchase of Fuel far the
following Fuel Locations in each Fuel District as a basis for determining Fuel casts for
Eligible L'sers. The Fuel I~Sarkup may be different in each of the Fuel Districts based on the
type of fleet referenced below:
o Vehicle Fleets -The following Fuel Location applies to State and Eligible User vehicles
and equipment where Fuel monitoring requirements are necessary_ The Contractor shall
provide Fuel Markups for the following Fuel Locations.
Fuel Card Services Contract 973-163-06-1 Page 5 of 10
Section 3.00: Technical Specifications
Fuel costs for Vehicle Fleets in the Western, Northern, Central. and Southern Fuel
Districts will have a single combined Fuel Markup for:
^ Retailers -All Contractor approved retail fueling stations with Fuel Card reader
capability. Also, includes businesses that supply any commodity ancL'or service
obtained through use of the Fuel Card, other than Fuel.
^ Eligible User Sites -State ancUor Eligible User facilities that have equipment with
Fuel Card reader capability installed by the Contractor-
Fue! costs for Vehicle Fleets traveling in the Out of State Fuel District will have a single
Fuel Markup for:
• Out of State Retailers -Ail Contractor approved Retailers outside of the State of
Florida with Fuel Card reader capability.
a Marine Fleets -The following Fuel Location applies to State and Elid ble User Marine
Craft where Fuel monitoring requirements may be necessary. The Contractor may
provide Fuel Markups for Fuel product to include gasoline and fuel oil used in Marine
Craft for the following Fuel Locations. Fuel costs for Marine Fleets will have a single
Fuel Markup for.
^ Marina Retailers -All Contractor approved Retailers at Marinas within the State of
Florida as well as outside the State of Florida with Fuel Card reader capability or that
accept the Fuei Card. Also, includes Marinas that supply any conunodity and/or
sere-ice obtained through use of the Fuel Card, other than Fuel.
o Aircraft Fleets -The following Fuel Location applies to State and Eligible User Aircraft
where Fuel monitoring requirements ma_y be necessary. The Contractor may provide
Fuel Markups for Fuel product to include ga<SOli.ne and fuel oil used in Aircraft for the
following Fuel Locations. Fuel costs for Aircraft Fleets will have a single Fuel Markup
far:
• Airport Retailers -All Contractor approved Retailers at Airports within the State of
Florida as well as outside the State of Florida with Fuel Card reader capability or that
accept the Fuel Card. Also, includes Airports that supply any commodity and/or
service obtained through use of the Fuel Card, other than Fuel.
• Optional Fuel Product 1Vfanagement at State and Eligible User Sites
Upon mutual agreement between the contract user and Contractor, the Contractor may
provide fueE product management at State and Eligible User sites. The cost for this service
shall be mutually agreed upon between the Eligible User and Contractor- The site shah be
those for which Fuel Card reader capabilities equipment has been installed. This includes,
but is not limited to, the monitoring of Fuel levels, ordering and,'or delivering Fuel, etc. This
service also includes the use of equipment and tools, and all sentices and responsibilities
prescribed or implied which are necessary for the complete performance by the Contractor of
its obligations under the Contract. State and Eligible Users will not be charged far Fuel
stated at these sites. State and Eligible Users will only be charged for Fuel dispensed into
their Vehicle FIeet.
3.05 Fuel Specifications.
Fuel Card Services Contract 973-163-06-1 Page 6 of 10
Section 3.Q4: Technical Specifications
These speciftcations apply to ai[ Fuel products which are supplied by the Contractor to an
Eligible User Site that have equipment with Fuel Card reader capability installed by the
Contractor_ The Contractor will supply Fuel per the fallowing specifications:
• Unleaded -Gasoline, unleaded, antiknock {octane) index minimum 87 (RON + MON)/2,
maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specifcation D4814,
complying with stale of Florida gasoline inspection laws.
• Nlid-Grade Unleaded -Gasoline. unleaded, antiknock {octane} index minimum 89 (RON +
MQNii2, maximum allowable lead OAS gram per gallon, and volatility class suitable for
Florida at time of scheduled use, per A.S_T_lvi. specification D4814, complying with state of
Florida gasoline inspection laws.
• Premium Unleaded -Gasoline, unleaded, premium, antiknock (octane) index minimum 92
(RON + MON)/2, maximum allowable lead 0.05 b am per gallon, per A.S.T.M. specification
D4814, complying with state of Florida gasoline inspection laws.
• Diesel - Oi.l, diesel fuel, grade no. 2-D law sulfur fuel (.0~ mass % sulfur, 40 centane min.},
for use in over the road diesel engine, per A.S.T.I`1. specification D975, complying with
Florida Department of Agriculture and Consumer Services standards ~F-2.001.
3.06 Contract Deliverables.
Emergency Plan
Within thirty day of contract signing, the Contractor and the State shall jointly develop an
Emergency Plan. The Fuel Card Sen-ices Contract allows far the purchase of commodities and
Services tl?at are n8ceS5PSy fn PYer3it? fF~P Emergency Plan. Th~ce p~yr~l3aSeS s12ai1 i?2c11~d~ t_hP,~c~
of equipment and tools, and all services and responsibilities prescribed or implied which are
necessary for the complete perforn~anee by the Contractor of its obligations under the
Emergency Play. This Plan shall include but not be limited to:
• Commodities and SeNICeS, to include pricing, available to Eligible Users during
emergencies.
• An assessment of risks
• Operational assignments (Who does what, when and howj
• Procedures for Emergency notification (How do we tell people there's a problem?j
• Procedures for activation in the event of an emergency situation in order to protect and/or
recover critical assets and functions.
• Procedures for Emergency Plan testing
• Procedures for an annual review, updating, altering and re-writing that results in a
document that is fully functional and operational.
Project Managemenf Professional Certification
Within fifteen days or contract sianirtg, the Fuel Card Vendor shall have a certified Project
Ivianagement Professional (PMP} leading the implementation of the State's Fuei Card Program.
This certification must be obtained through the Project Management Institute (i'MI}.
Implementation Plan
Fuel Card Services Contract 973-163-06-1 Page 7 of IO
Section 3.00: Technical Specifcations
Within the first forty-five days of contract signing, the Fuel Card Vendor and the State shall
jointly develop a detailed Implen~entation Plan. This Plan shalt include but not be limited to:
1. Development of a critical path for the project
2. Detem~ining Start and Completion Dates
3. Development of goals
4. Development of objectives for each goal
5. Development of activities for each objective
6. Determining individuals responsible far each activity
7. Development of timelines for each activity
8. Development of a Iist of potential. barriers and a plan to overcome them.
Training Plan (Instructor led, online and train the trainer)
t~'ithin ninety days of contract signing, the Fuel Card Vendar and the State shall jointly develop
a Training Plan. This PIan shall provide for but not be limited to:
1. Defining the purpose of the training and target audience
2. Determning participants' needs (Instructor led, Onkin.e, acid Train the trainer)
3. Del ning training goals and objectives
4. Outlining training content
5. Develop instructional activities
6. Prepare the written training design
i. Prepare participant evaluation form(s)
8. Determine follow-up activities for the event
MarketinglOutreach Plan (to include other Eligible Users)
Within the first ninety days of contract signing, the Fuel Card Vendor and the State shall jointly
develop a detailed a iVlarketing'Outreach PIan to all Eligible L'sers of the Fuel Card Contract.
Conference Room Pilot (requirements gathering)
Before any agency is brought into the new Fuel Card Program, the Fuei Card Vendor and the
State shalt develop and execute a Conference Raom Pilot. Conference Room Pilot shall be
defined as a period of four 1-da_r• working sessions, or other schedule as agreed, the purpose of
which is to review and refine the proposed business processes. During the Conference Room
Pilot iteet card, purchasing and accounting representatives from various State agencies will be
invited to review and comment upon the proposed processes.
Minority Reports
In order to support Executive Order 98-2I, within 60 days of contract signing, the Fuel Card
Vendor shall develop an electronic means of reporting MBE purchases. Executive Order 98-21
directs state agencies to increase the participation of certifed minority business enterprises
(Iv1BE) and women business enterprises (WBE) in state procurements. MBE/WBE certificatior_
Fuel Card Services Contract 973-163-06-3 Page 8 of 10
Section 3.00: Technical Specifications
by the State of Flog ida, Office of Administration, Office of Equal Opponunity is required to be
considered an Eligible MBElVJBE in meeting participation goals.
Fuel Card Services Contract 473-163-06-1 Page 9 of l0
Section 3.00: Technical Specifications
Appendix
1V
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WESTERN NORTHERN CENTRAL SOUTHERN
Escambia Gilchrist Citrus Glades
Santa Rasa Alachua Sumter Martin
Okaloosa Union Lake Hendry
Walton Bradford Hernando Palm Beach
Holmes $aker Serninoie Collier
Washington Nassau Orange Broward
Bay Duval Pasco Monroe
Jackson Ciay Pinellas Dade
Calhoun Putnam Higsborouah
V
Gulf St.lahns Po](i
Liberty Flagler Osceola
Franklin VoIusia }3rev~rd
Gadsden Marion Indian River
«~akuila Levy Manatee
Leon Hami}ton Flardee
Ieffcrson Columbia Hi~hlards
Taylor Suwannee Okeechobee
Ntadisnn ~[. Lucie
Lafayette Sar,:sota
Dixie Desoto
Charla tte
Lee
Y~' DISTR.ICT NIAP
Fuel Card Services Contract 973-163-06-1 Page 10 of 10
Section 3.00: Technical Sgecitications
4.dU Special Conditions
Contents
4.01 Overvietiv
4.02 Performance Standard
4.03 Fuel Locations and Accessibility
4.04 Maintenance
4.05 Removal of Equipment
4.06 Invoicing and Pa}anent
4.0? OPTS Newsletter
4.OS Taxes
4.09 Pines, Citations, Damages
4.10 Permits
4.11 Agency Agreement
4.12 Alternative Fuels
4.13 Silence of Specifications
4.41 Oven%ie~v.
The followz~~g are basic business and safety requirements associated with the Contract.
4.02 Perfortztance Standard.
The Contractor shall meet all performance standards set forth in this Solicitation. The Contractor shall
warrant that all work performed hereunder complies with customary, reasonable and prudent standards
of performance in tl2e industry and shall perform all services in a professional manner.
4.03 Fuel Locations and Accessibility.
Contractor shall provide Customers a listing of all Contractor approved Retailers as well as other
applicable Customer sites available with Fuel Card reader capability as defined in Section ~. Contractor
approved Retailers should be widely accessible in each county in the State of Florida. Contract
Customers may be able to fuel their vehicles at other Customer sites as allowed by the Customer.
Contractor will provide updated lists of aI1 Contractor approved Fuel Locations as necessary and/or as
requested by Customers.
4.04 1Vlaintenauce.
The Contractor shall maintain all installed equipment with Fuel Card reader capability in food working
order for the duration of the Contract.
Fuel Card Sen-ices Contract 9?3-163-06-1 Page 1 of 3
Seetiort 4.00: Special Conditior_s
4.05 Removal of Equipment.
The Contractor shall remove all Contractor installed equipment (Fuel Card readers} in the event the
Customer na longer requires it. The property shall be restored to its original condition and snatch the
condition at the time of removal. The Contractor shalt bear all casts associated with this removal and/or
restoration.
4.06 Invoicing and Paymeni.
Invoices shall be submitted monthly to fhe Customer or as agreed upon in the Agency Agreement. The
Contractor shall submit invoices for Fuel andlor Immediate Use Vehicle Accessories in sufficient detail
fox a proper pre-audit and post-audit in accordance with section 287.08 of the Florida Statutes.
Invoices shall be submitted as stipulated in the Customer's Agency Agreement. The Customer agrees
that payments to the CaniJractar will be made in accordance with Florida Statutes.
4.07 OPTS Newsletter.
The Con~xactor will provide a paid subscription for the weekly OPTS Netivsletter (SZ issues/yearj,
including the P_~D 1 Report, to the Department's Contract Administrator tlu-oughout the term of the
contract.
4.08 Taxes.
Invoice Fuel prices are not to include any State of Florida and/or Federal taxes from which the State
and~or Customer is exempt. Also, invoices should be exempt from Florida State sales tax an Immediate
lise Vehicle Accessories as allowed.
4.09 Fries, Citations, Damages.
The Contractor agrees to be solely and financially responsible for any and ail fines, citations and or
damages levied by local, state or federal regulators against the Departrnent for incidents resulting from
non-compliance relating to regulatory violations and/or negligence on the part of the Contractor
including, but not limited to, spills, leaks, injuries to the environment; injuries to humans or property
damages. The Contractor shall be solely responsible for any and all cost, expenses, attorneys' fees or
travel incurred by the Department relating to such violations or negligence.
4.10 Pernuts.
The Contractor shall comply with all applicable rules, regulations and ordinances. The Contractor
maintains the sole responsibility to obtain all construction permits from the local appropriate code
enforcement agencies, or the delegated authority to issue such permits. A copy of any and ail permits
shall be sent to the Customer immediately upon the Contractor obtaining same. Permits shall be posted
in a readily visible location accessible to the code enforcement inspectors. Permits shall be obtained by
the Contractor before any work can commence.
Fuel Card Services Contract 973-163-O6-1 Page 2 of 3
Section 4.OG: St~ecial Conditions
4.11 Agency Agreement.
An Agency Agreement is the established agreement between the Customer and the Contractor. This
agreement is to determine, including but not limited to, the quantity of Fuel Cards required. including
any specialty type cards for lativ enforcement agencies; description of services required, billing and
payment, effective dates, as weI1 as other applicable factors or suitable references pertinent to the
Customer. Each agency will have the flexibility to design their personal Agency Agreement based on
their fleet requirements. This Contract provides the State and eligible Customers a core contract on
which to build their Agency Agreement. It is recommended that Customers assign agency Contract
managers anci,'er sccui~ty personnel to manage their Agency Agreement. All Fuel Cost shall be priced
as described in Section 3.
4.12 Alternative Fuels.
When the State deems necessary, alternative Fuels inay be required in certain areas of the State of
Florida where available. These Fuels may include compressed natural gas (CNG), liquefied petroleum
gas {LPG or propane), biodiesel, ethanol (E-85), and any other Alternative Fucl the State deems
necessary.
4.13 Silence of Specifications.
The apparent silence of specifications set forth in this solicitation and contract to any details ar the
omission from it of a detailed description, concerning any point shall be regarded as meaning that only
the best commercial practices are to prevail and that nnly,,,aterial_s a_nd workmanship of first qualiti are
to be used- A11 interpretations of this solicitation shall be made upon the basis of this statement.
Fuel Card Services Contract 973-I63-05-I Pace 3 of 3
Section 4.00: Special Conditions V
Contract
This Contract, effective the last dale sued below, is by and between the State of Florida,
Department of Management Sen~ices {"Department"), an agency of the State of Florida with
offices at 4050 Esplanade ~~v'ay, Tallahassee, Florida 32399-0950, and the entity identified below
as Contractar ("Contractor").
The Contractor responded to the Department's Invitation to l~egotiate (f.TN) No. 43-973-
163-X, Fuel Card Services. The DepartFent has determined to accept the Contractor's offer and
to enter into this Contract in accordance with the terms and conditions of the solicitation.
TransMontaigne; asubcontractor of the Contractor, is recognized as the net seller of fuel for this
Contract.
Accordingly, and in consideration of the mutual promises contained in the Contract
documents, the Department and the Contractar do hereby enter into this Contract, which is a
state term contract authorized by section 287.042(2}(aj of the Florida Statutes (200I). The term
of the Contract begins on the Effective Date and expires after .5 years. The Contract consists of
the following documents, which, in case of conflict, shall have priority in the order listed, and
which are hereby incorporated as if fully set forth:
• Any written amendments to the Contract
• This document
• Special ?nsiructiens to Respondents
• Technical Specifieatior_s
• Special Conditions
• General Contract Conditions {PliR Form 1000)
• General Instructions to Respondents (PLTR Form 1001)
• Any Purchase Order under the Contract
•
trac or's bid
State of Florida, Date
~,~~Departrnent of Management Services
B.y: Tom Lewis, Jr., Secretary
Contractor Nance: rrvMo~/r' /`1)r'"'?,JUIZ K~_..~J~1G-. (Seal}
Street dress or~j .O. Box: S 3~t A , ~g~to (,cJ~y
Cit t te, Z' I~~i~, ~v~p , T~ 3 ~ Z ? /
By: sr~o.r c- ~~^~ Date
Its: S~. J . , ~ ,,~,.
Approved as to form and legality
by the Department General Counsel's Oftice:
Fuel Card Services Contract 973-163-Ct6-1
Price Sheet
Cantractar Fuel Mark up
T env of Fuel North South Central West
Gasoline, Regi.tlar 0.1394 U.I735 0.1641 O.I313
Gasoline, Mid-Grade 0.1904 0.2340 0.2 I S I 0.1846
Gasoline, Premium. 0.2133 0.2507 0.2375 0.1982
Diesel (On Road} 0.0819 0.1302 0.0599 0.0364
Aviation and Iviarin.e Fuel 0.0075 0.0075 0.0075 0.0075
Fuel Card Services Contract 973-1b3-Ob-1
Ordering Ins#ructions
Contractor:
SPURS VENDOR NU)/4BER:
Please identify the person who will be responsible for administering the Contract on your behalf
if award is made, and inc]ude an emergency contact phone number:
Name:
Title:
Street Address:
E-mail Address:
Phone Number(sj:
Fax ]4'umber:
If the person responsible for answering questions about the bid is different from the person
identified above, please provide the same information for that person.
Name:
Title:
E-mail Address:_
PI'~one Number(sj:
Fax Number:
4rderin~ Informs#ian:
Please provide the foIlawing information about where Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you may
also provide an Internet address.
Name:
Title:
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
Toli Free Number:
Ordering Fax Number:
Internet Address:
Federa] ID Number:
Remit Address:
City; State, Zip:
]=ue] Card Services Contract 973-163-06-]
SavingslPrice Reductions
Invitation to Negotiate No. 43-973-163-X
Respondent is required to furnish the percent (%} savings in prices offered in this
reply compared to retail, list, published or other us~!a! and r,ietnma ~, prlreg that
would be paid by the purchaser without benefit of a contract resulting from this
response.
DA'
COMPETITIVE PRICES OFFERE© AVERAGE % SAVINGS.
HOW CAN WE VERIFY THE CLAItJfED SAVINGS (example: retail or other usual
and customary prices published at [url], or other source of benchmark prices}?
Response:
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
RESPONDENT NP.ME:
IF CQNTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST
TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS:
Response:
WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST
Response:
Fuel Card Services Contract 973-163-06-1
Certification of Drug-Free tiVorkplace
Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference
shad be given to a bid received from a bidder that certifies it has implemented a drug-free workforce
program. Please sign below and return this farm to certify that your business has adrug-free workplace
program.
I) Publish a statement notifying employees that the unlawful rztanufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the workplace and specifying the
actions that urill be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining adrug-free workplace; any available drug counseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon employees for drug abase
~7alations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specifed in Subsection {l ).
4) 1ri 4he statement specified in Subsection (I ), notify the employees, as a condition of working on
the commodities or contractual services that are under Bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nola
contendere to, any violation of Chapter 893 or of any controlled substance law of the Ltnited
States or any State, for a violation occurring in the workplace no later than five (~} days after
such conviction.
5) impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain adrug-free workplace tlu~ough implementation
of this section.
As the persL•n authorized to si;n the statement, I certify that this firm complies fully with the above requirements. False
statements are punishable at ]aw.
$IDDER'S NAME:
sy:
Authorized Signature Print Name and Title
Fuel Card 5en~ices Contract 97?-I63-06-I
CONTRACT AMENDMENT BETWEEN
TIIE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
AND
COMDATA NET'W'ORK, IitTC.
CONTRACT NO. 973-163-06-1
AMENDMENT 1
This is an amendment to the Contract between the Department of Management Services
("Department") and Comdata Network, Inc. ("Comdata"}, collectively referred to as the Parties,
whereby the Depau-tment secured the services of Comdata to provide Fuel Card Services for the
State.
This Amendment:
Describes the role and responsibilities of the Net Seller of Fuel under the Contract;
Revises Sectiom 3.02. Scope of Work; and
Revises Section 4.06. Invoicing and Payment;
In accordance with Section. 41 of the PLrR 1000, Modification of Terms, the following
madi;~cations or amendments to the Contract axe hereby made:
1. Net Seller of Fuel.
As part of its response to the ITN, Comdata offered the senrices of TransMontaigne Product
Services, hoc., ("Seller") as the net seller of fuel and ultimate vendor to provide the Fuel Product
sought through the ITN. Comdata and Seller entered into a subcontract effective as of i~FOVember
1, 2045, describing each party's role under the Contract. Also, Seller has the skills, knowledge,
and expertise regarding the tax-exempt sale of fuel, is recognized by the Parties as the appropriate
entity to claim a tax credit or refund for the sale of fuel on behalf of tax-exempt governmental
entities and recognized by the Parties as the appropriate entity to deduct federal taxes from
Product purchases made pursuant to the Contract.
Therefore, io ensure that the intent of the ITN is met in that the state agencies and Eligible Users
obtain the most cost effective Fuel Card Services for the State while maximizing the quality alid
efficiency of service delivered and that state agencies and Eligible Users ("Buyers"} are able to
pw•chase fuel Product from Seller net federal excise taxes, the Parties agree that adding Seller as a
Party to this agZ-eement will enhance the level of service provided under the Contract. Thus,
contemporaneous with executing this Amendment, the .Parties have entered into an Agreement
with Seller that provides Sellers role and responsibilities to state agencies and Eligible U-sets that
use the Contract. The Agreement is attached to this Amendment as Attachment A.
2. Section 3.02 ,Scope of Work, is revised to read:
This Contract is entered into to provide a Fleet Fuel Card program for Vehicle Fleets owned by
state agencies and Eligible Users in the State of Florida. Eligible Card purchases include only the
purchase of fuel Product net federal excise taxes and Immediate User Vehicle Accessories as
defined in the Contract. Also, the Fuel Card may be used at Marinas and/or Airports as allowed
for \~Iarine Fleets antUor Aircraft Fleets. The Department seeps to improve quality and efficiency
of services delivered, improve Eligible User services and reduce cost.
Although the Parties have entered into an Agreement with Seller that details Sellers role and
responsibilities to state agencies and Eligible Users that use t'ne Contract, this does not in any way
relieve ar otherwise excuse Comdata of its duties as stated. in the Contract.
3. Section =1.06; Invoicing and Payment, is revised to read:
Invoices for fuel product andior Immediate User Vehicle Accessories resulting from use of the
Card shall be submitted to monthly by TransMontaigne ("Seller") to Buyers or as agroed upon in
the Agency Agreement. Seller is the only entity authorized to invoice Buyers for fuel :Product or
Immediate User Ve'nicle Accessories under the Contract. Se]ter shall submit in~~oices for Fuel
andior Immediate Use Vehicle Accessories in sufficient detail for a pxoper pre-audit and post-
audit in accordance with section 287.058, Florida Statutes, and as specified in the Agreement
(Attacltnnent A).
THE RI. VIAINDEI2 OF THIS PAGI!/ IS I\'TENTION,~.LLY LEFT BL~,..NK.
Phis amendment shall begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any} remain
in fuIl force and effect.
'VtrH£R£fiOR£, the Parties hereto have caused. this Contract to be executed by Choir nndersigneel.
off cials as duly authorized.
CQl~~~DAT
Signed by:
~ ame:
Title:
Date:
D~PA12T _M~ OI' : `' EMENT SERVICES
f
Signed by: r
ame : ~u S 5 f ~U ~'"~ ~vt ~n
Title: ,!-n~~-~/'rn't ~ r`/'c',~~F'. ~ ~ 1`~~.r~Glc~sr~c~
Date: ~~~ Q~ J
Approved as to F~orn; and Leoaliw•
l~ % /
~ - -- Date: ~ j Z~~
-- -_-_._ .__._._._y__-~
~ --
CONTRACT BETWEEN
TI-IE FLORIDA DEPARTMENT OF NIAIVAGEMEi\lT SERVICES,
TR_~NSNIONTAIGNE PRODUCT SERVICES, INC.,
AND
COMBAT. ;~'ET't'VO~RIC, INC.
Relating to Contract No. 973-163-©b-I
This Agreement is entered into on the date subscribed below, by and between the
Department of Nlana~ement Services {"Department" or "DMS"), TransMontaigne
Product Services, Inc. ("TransMantai ;ne" or "Seller"}, and Comdata Network, Inc.,
hereinafter collectively referred to as the "Parties" to this Agreement.
WHEREAS, the Department and Comdata executed a state term cantract effective as of
September 13, 2005 (the "cantract"), based on Comdata's response to the Department's
Invitation to Negotiate ~'o. 43-973-163-X {the "ITN"); and
'VW:HEREAS, as pan of its response to the ITN, Comdata offered the ser<`ices of
Translvlontaigne, the ultimate vendor and net seller of fuel, *_a provid.e Product to state
agencies and Eligible Users; and
WHEREAS, Comdata and Seller entered into a subcontract effective on November 1,
2005, describing each party's role under the Contract; and
WHEREAS, Seller is the net seller of fuel and ultimate vendor, is recognized. as a
qualified wholesaler £or fuel tax refunds and ~vilI be the only entity invoicing the State of
Florida and its Eligible Users for Product or Immediate Use Vehicle Accessories
purchased pursuant to the Contract and this Agreement; and
WHEREAS, Seller is recognized by the Parties as the appropriate party to deduct federal
taxes from Product purchases made pursuant to the cantract;
TI-IEREFORE, subject to controlling law, policy(ies) and/or procedures; and in
consideration of the mutual interests and understandings expressed herein, the
Department and Seller aVree as provided in this Agreement.
1. Definitions.
When used in this Contract, the terms listed betaw have the followinc meanin~?s:
`:4geneies" means agency as defined in section 287.012, Florida Statutes.
"Agreement" means this contract betl~een the State of Florida, Department of
1lanaaement Services and Translvlontaigne Product Services, Inc.
"Buyer" or "Buyers" means State of Florida agencies and Eligible Users that make
purchases pursuant to this agreement.
"Card" means "fuel card" as defined in section 3.01, Technical Specifications, of the
Contract, which provides:
"Fuel Card" shall mean the card issued. to State and Eligible Users for the
purchase of Fuel and Immediate Use Vehicle Accessories.
``Comdata" refers to Comdata Network, Inc. the entity that wilt issue Cards as set fourth
in the Contract.
"Contract" means the state term contract between the Stag of Florida, Department of
1Vlanagement Services, dated September 13, 2005, entered into as a result of Comdata's
response to the Department's Invitation. to Negotiate No. 43-973-1b3-X. The Contract is
made part of this agreement as Attachment B.
"Department" means the Flcrida Department of Management Services.
"Eligible Users" as used in section 280.056(1), F.S., the Contract and as defined in ntIe
60A-1.005, Florida Administrative Code, means:
(1} All governmental agencies, as defined in Section 163.316, F.S.,
which have a physical presence within the State of Florida;
(?) Anv independent, nonprofit college or university that is located within
the State of Florida and is accredited by the Southern Association of
Caheges and Schools.
"Immediate Use b'ehicle Accessories" means those commodities and services as defined
in section 3.03 of the Contract.
"Merchant" means any merchant. that offers Product ar Immediate Use Vehicle
Accessories for sale and that honors the Card. Merchant includes "Fuel Locations" as
defined in section 3.01, Technical Specifications, of the Contract.
"Product" means fuel as defined in section 3.01., Technical Specifications, of the
Contract, which provides:
"Fuel" shall mean any Fuel product obtained through use of the Fuel
Card. Fuel product shall include alI grades of unleaded gasoline
(unleaded; unleaded plus or mid-grade; and premium or super unleaded)
and fuel oil (on road diesel and off road diesel} to be used in State and
Eligible User vehicles and equipment where Fuel monitoz-ing requirements
are necessary-
Fuel product ma}~ also include gasoline and fuel oil used in State and
Eligible User Marine Fleets and/or Aircraft Fleets at Marinas and/or
Airports where the Contractor's Fuel Card is accepted.
When the State deems necessary, Fuel product may also include
alternative Fuels in certain areas of the State of Florida where available.
"Seller" means TransMantaigne Product Services, Inc.
"State" means State of Florida anal its agencies.
"Term" means the duration. of the A~eement between the Department and
TransMontaigzle.
2. General Terms and Conditions.
Purchasing farrrz PL'R 1000, General Contract Conditions, is hereby incorporated into
and made part of this Agreement bet«~een Buyer. and Seller. Attachment A. I.n addition
to satisfying its duties and obligations as specified in this Agreement, Seller further
assents to and otherwise agrees to be bound by the General Contract Conditions provided
in Attachment A. If there is a conflict between the terms provided in the Attachment A
and this Agreement, this Agreement shall take precedence over the Attachment A.
3. Term.
The Tenn of this agreement shall be concurrent with the Contract the Department has
«rith Comdata. The Contract is a ftve (S) year contract tivith a five (S) year renewal
optian, renewable at the convenience of the Department. This Agreement shall start on
the date it is executed by the Parties and shall continue concurrently with the term of the
Contract. The Parties further agree that renewals of the Contract shall be deemed to
automatically renew this Agreement without any action. required of either Party. Also,
the Parties agree that termination of the Contract shall automatically terminate tl2is
Agreement without any action required of either Party. This provision will not affect the
Department's ability to separately terminate this Agreement as provided in the
Attachment A.
4. Scope of Work.
In coi~jzmetion with the Contract between the Department and Comdata, this Agreement
is entered into by the Parties to enable Buyers to purchase Product net federal excise
taxes. As Seiler is the net seller of fuel, ultimate vendor, and is recognized as a qualified
wholesaler for fuel tax refunds, Seller is responsible for invoicing Buyers far Product and
Immediate Use Vehicle Accessories pLU-chased by users of the Card_
~, \Tn Costs Associated ~v~ith Entering into this Agreement.
3
In executing this agreement, the Parties agree that no additional cost is associated with,
will be included or will be charged by Seller or Comdata to Buyers purchasing Product or
Immediate Use Vehicle Accessories under tihi.s Agreement or under the Contract -only
casts currently permitted under the Contract are allowable.
G. Fuel Specifications.
Seller agrees to provide Product to Buyer as specified in sections 3.05 and 4.12 of the
Contract (Attachment B).
7. Fuel Sale and Purchase.
During the Tenn of this Agreement, Seller agrees to sell aild Buyers aj ee to pay Seller
for Product purchased and to reimburse Seller far credit extended by Seller and Comdata
to Buyer for Card purchases. The pi7ce far Product purchases shall be calculated as
provided in sections 3,03 and 3.04 of the Contract.
&. Taxes.
8.1 Seller must be registered with the IRS as an ultimate fuel. vendox and must
provide the Department with the registration number.
8.2 Buyer must document and confirm to Seller that it is permitted to engage
in tax-free transactions with respect to the Product under all federal or state laws that may
appl~f to the Contract, this Agreement and the Product delivered under both agreements.
Buyer shall provide to Seller in a timely manner all necessary exemption certificates and
other information and documentation as maybe reasonably requested by Seller and must
reasonably cooperate with Seller to perfect claims for refunds or credits. Further, Buyer
waives any claim it may have with regard to said claims for refunds or credits for taxes to
the extent that Seller claims them and passes them on to Buyer_
8.3 Buyer must pay any and all taxes, fees, or other charges imposed or
assessed by govemmental or regulatory bodies, with respect to the Product delivered
under this agreement and the Contract, the taxable incident of which occurs after transfer
of title to the Product to Buyer.
8.4 Except as provided otherwise below, any and all taxes, fees, or other
charges imposed or assessed by governmental or regulatory bodies, the taxable incident
of which occurs prior to or at the time of transfer of title or the delivery of The Produce
under the Contract, or the receipt of payment for such taxes, fees or charges, regardless of
the character, method of calculation, or measure of the levy of assessment, will be paid
by the Party upon whorl the tax, fee, or charge is imposed b_y la~~~. ~?vith respect to all
federal, state and local gasoline, motor fuel, sates use, gross receipt, petroleum
inspection, environmental assurance, spill fund, pollution; and other excise taxes, fees, or
charges that are imposed by law on Seller, Buyer must, upon receipt of Seller's invoice,
4
pay or reimburse Seller for any such taxes, fees or charges Seller is required by law to
pay or provide to Seller upon demand with a valid exemption certificate.
9. Department and Buyer Obligations.
9.1 The Department shall provide a contact person or project manager far the
duration of this Agreement. As needed, the Department's project manager shall
coordinate a team to work directly tivith the Seller for all implementation issues. The
Department's cua~ent project manager is:
David A. Bennett
Purchasing Analyst, State Purchasing
Department of ivianagement Services
4050 Esplanade Way; Suite 370
Tallahassee, Florida 32399-0950
850-921-4072
david.bemlett(wdms.mvflorida.com
Tf the Department changes its designated contact person or project manager, the
Department shall timely notify Seller of th.e change.
92 To the extent not addressed in the Contract, the Department shall work
tivith Seller and Comdata to detzrmine the optimum account setup including proper
fueling limits by transaction, by day and by total purchase.
9.3 To the extent not addressed in the Contract, Department shall work with
Seller and Comdata to deteirnine appropriate data capture items at the point-of--sale {e.g.,
driver ID, agency nam.e).
9.4 To the extent not addressed in the Contract, the Department or Buyer sl-tall.
provide alI state agency vehicle pool information as required by the prompted data
capture setup.
10. Semi-Annual Sa~•ings Report.
To ensure appropriate monitoring of the cost-savings generated through implementation
of the Contract and this A~eement, Seller shall gather all Product purchase data relevant
to this Agreement and generate a Semi-annual Savings Report deliverable to the
Department project manager. This deliverable shall cover six-month intervals beginning
ai the tune of execution of the !Aa cement. The Report shall be delivered to the project
manager no later than 30 days from the end of the proceeding six-month period.
The Semi-aru~ual Savings Report wi11 consist of various items associated with individual
transactions under this Agreement and shall at a minim~un include the individual re-
priced fuel transactions associated with Product transactions that take place under this
A Qreement.
5
}:1. Invoices, Payment, Credit.
I I.I Invoices shall be submitted monthly to the Buyer or as otherwise agreed
upon by the Buyer and Seller. Seller shall. submit one periodic invoice for Product and
Immediate Use Vehicle Accessories in sufficient detail far a proper pre-audit and post-
audit il~ accordance with section 287.058, Florida Statutes. Buyer agrees that payments
to the Contractor will be made in accordance with Florida Statutes.
11.2 Unless otherwise a~•eed to by Buyer and Seller, Seller wi.il render
invoices to the Buyer on a monthly bi.lIing cycle supported by necessary documentation,
including an electronic invoice tivhich details each Card transaction during the billing
cycle. In addition to other acceptable methods of presentation, Seller's telexing or
telecapying of invoices and other necessary documents will constitute acceptable
presentation under this agreement. Each party will furnish to the other party any other
substantiating documents required under this agreement.
11.3 Under this Agreement invoices will only be issued by Seller to the Buyer
- no invoices will be issued by Comdata pursuant to the Contract or this Agreement. AI]
invoices submitted by Seller to Bayer shall clearly indicate all tax and other deductions
excluded from the I~uel costs and shall disclosed on Buyer's invoice.
1I.4 Seller will snake the resulting data available online and will ensure such
information is accessible online by Buyer.
12. Measurements.
Amounts of Product received by Buyer will be determined according to fuel Card activity
reports generated each time Buyer receives Product. Except as may otherwise be
reasonably established by Buyer and Seller, said acti~~ity reports will be prima facie
evidence of volumes of Product delivered to Buyer, absent obvious erc-or or Fraud.
13. Delivez-y of Product via Fuel Card.
Product not obtained by use of a Card will not be subject to the terms of this Contract.
Buyer may receive Product at any Merchant, unless such Merchant is excluded under this
Agreement by Seller. Product shall be deemed delivered upon generation of a Card
activity report indicating receipt of Product by Buyer front 1~Ierchalit.
] 4. Title, Risk of Lass and Cost of Delivery.
Title to and risk of Ions of Praduct delivered under this Agreement will. pass to Buyer as
Product is delivered from the Merchant fuel pump_ Buyer or its representatives will. be
responsible for loading Product into vehicles to be fueled pursuant to this agreement.
Buyer will be invoiced for all Product received from the Merchant, pursuant to the Card.
activity report; regardless of accidental spills, release or other losses of Product during
delivery.
6
15. Ownership of Documents -Public Records.
All documents and electronic files, databases, viewing materials, posters, etc., completed
or partially completed by the Seller under the terms of this agreement ("the Documents"}
shall became and remain the property of Buyer upon demalzd or completion or
termination. of this Agreement. It is the understanding of the parties that in providing
services to the Buyer pt~.rsuant to this agreement, Documents created or maintained by
Seller under this agreement may be public records as provided in chapter 119, Plor~da
Statutes. Any use of the Dacuments by Buyer, its assigns, or any person; firm or
corporation acting on behalf of Buyer, shall be without additional compensation to the
Seller.
16. Card lise.
By using this Agreement, Buyer represents that it is a governmental body and that
utilization of any Cards issues pursuant to this Agreement or the Contract will only be for
governmental purposes and will nat be used for personal, family or household purposes.
17. Customer Ser~~ice.
Seller shall provide to Buyer telephone numbers and titles of the customer service
representatives responsible far handling Seller inquiries concerning invoicing, billing or
other non-emergency issues. Seller shall provide an organizational chart to Buyer
highlighting the key people, including lacatian of offices and who will he assigned by
Seller to perform services to Buyer under this Agreement.
18. Gavernmental Regulations.
Buyer will comply with all applicable rules and regulations regarding the receipt and use
of Product delivered pursuant to this Agreement, including without limitation those laws
pertaining to Reformulated Gasoline and Conventional Gasoline compliance.
19. Audit.
During the term of this agreement, and for a period that satisfies the applicable
Department of State General Retention Schedule for State Government Agencies (see
httn:11dlis.dos.state.fl.us/recordsm~mtl;en records schedules cfm), upon y reasonab]e
prior notice, each party may audit, at their expense, the other Party's records and
documents relating to Productr`Immediate Use Vehicle Accessories delivered or received
under the Agreement during normal business hours of that party as its place of business.
Each party shall retain the said records for the stated period of time.
2©. Performance by Seiler and Comdata.
Seller acknowledges that successful execution of the duties and obligations provided iti
both this Agreement and the Contract require seamless implementation, interaction auld
communication between Seller and Comdata. Further, Seller represents that it
understands the commodities and/or contractual services sought pursuant to the ITIv`, the
role and responsibilities of Comdata under the Contract (Attachment B}, the relationship
between Comdata and Seller's obligations to the State of Florida under both the Contract
and this Agreement, and hereby agrees work with Comdata to satisfy its obligations as
provided uz this Agreement.
21. State Objectives.
Z~ithin thirty (30) calendar days following execution or this Agreement, Seller agrees to
submit plans addressing each of t}~e State five (~) objectives listed in section 2.24 of the
Contract (Attachrttent B).
22. Contract Deliverables.
Seller agrees to provide to the Department the Contract Deliverables identified in section
3.05 of the Contract. (Attachment B}. The date that shall be used to calculate when the
identified deliverables are due to the Department shall be the date this Agreement is
executed by the Parties.
23. 1VIyFlaridaMarketplace Transaction Fee.
This Agreement is subject to the MyFloridaMarketplace Transaction Fee requirement.
See paragraph 15, PLTR 1000 {Attachment A).
24. Performance Metrics.
By June 30, 2005, the Department, Comdata and TransMontaigne shall jointly develop a
set of clear and challenging performance metrics against which the Fuel Card Program's
success can be measured.
REMAINDER OF THIS PAGE INTEtiTIONALLY LEFT BLANK
WHEREFORE, the Parties hereto have caused this Contract to be executed by their
undersib ed officials as duty authorized.
TRA.tvSMONTAIGNlE PRODLCT SERVICES, INC.
~~
Signed by: - .. _.
Name: Rick Eaton
Title: Executive V ice President
Date: AtariI24~2006
COMDA7
Signed by:
N acne:
Title:
Date:
DEPARTIVI T O ~ A ~ ;N1ENT SERVICES
Signed by: ~ fir' ___-,
I~' a~x3 e: f `~ t,c S 5 ~~ ~~. /v~ er n
Title: ~n ~e/'r`m 1~~t'~~'~t"' o _. S 1`e~.___I~~rcl-~s,`"~
Date: ,_ ,~% r /~~ __
Approved as to Form and Legality
~,`'~~~~~' L ~ `~. Date: ~r __~._ ~~
l ~ ~---
9
CONTRACT AMENDMENT BETWEEN
TIIE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMONTAIGNE PRODUCT SERVICES, INC.,
AIVD
COMllATA NETWORK, INC.
RELATING TO CONTRACT N0.973-Ib3-Ob-1
AMENDMENT 3
This is an amendment to the Agreement between the Department of 1vlanagement Services
("Department" or "DMS"}, Trans~Iontaigne Product Services, Inc. ("TranslVlontaigne" or
"Sc3fer"), and Comdata Iv'etwork, Inc. ("Comdata"}, collectively refeii•ed to as the Pa~.-ties.
This Amendment:
- Revises Section 11, Invoices, Payment, Credit., to include Sub-Section i1.5.
In accordance with Section ~1 of the PUR 1444, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
1. Section 11; Invoices, Paynnent, Credit;, is revised to include:
11.5 Should individual electronic transaction data provided by a Ivierchant to Comdata
not contain suftlcient information to properly identify the Product as an item eligible to be
repriced, the Seller shall invoice and the Buyer shall pay the price provided by the Merchant for
that individual transaction.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
This amendment shall begin on the date on «~hich it is signed by both parties.
All other teens afld conditions of the original Contract and previous Amendments (if any) remain
in full force and effect.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
TRANSIVIONTAIGNE PROD CT SERVICES, IlYC.
Signed by: _`
Natne: ~~lG ~ct.'~~"j
Title: L~~' i~
Date: ~ ~~ (~
COMDAT
Signed by:
Name:
Title:
Date:
DEPARTMs~/ I' OFD 'AGEMENT SERVICES
Signed by: ~~`~} f ~-~--~G~--
Name: ~-'~~i ~GT~~~ JSfi~
Title: X71 l~C~~~S~ i~~ ~~C.i-~S 1!`~ (s--
Date: ~ ~ 25 ~G ~
Approved as to Form and Legality
~i~ o.~
f~' c~-r~~--S~~r __ Date: ~ f ZS
~ f .___....--- - ~
~7-r~~U~
CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMONTAIGNE PRODUCT SERVICES, INC.,
AND
COMDATA NETWORK, INC.
RELATING TO CONTRACT NO.973-163-06-1
AMENDMENT 4
This is an amendment to the Agreement between the Department of Management Services
("Depai-tnlent" or "DMS"), Trans_Montaigne Product Services, Inc. {"TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata"}, collectively referred to as the Parties.
This Amendment:
- Revises the Technical Specification Section 3.04, Fuel Markup; Fuel Districts
In accordance with Section 41 of the PUR 1000, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
1. Section 3.04, Fuel Markup; Fuel Districts is revised to remove the following language:
"Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will use
the closest Fuel terminal as its basis for determining Fuel cost as listed in the appropriate OPIS
Week1_y Newsletter PAD Report."
2. Section 3.04, h'uel Markup; Fuel Districts is further revised to add the following
language:
Fuel costs for State and Eligible User vehicles that travel outside of the State of Florida will not
be eligible to be repriced. The Seller shall invoice the Buyer for the pump price less Federal
Excise tax.
THE REM:~INDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
1
This amendment shall begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any) remain.
in fi~]1 force and effect.
w'HEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
TRANSA~tONTAiGNE PRO CT V CES, INC.
Signed by:
Name: ~~ ~'~D~
Title: ~Vt~
Date: ~~(,~
CONIDATA NE-~'WOd~t~, INC.
Signed by: /~~C~ ~~
Name: n~4~tc~~ /'~
Title: ~~ ~/ ~~ ~ ~
Date: l!)"/ 7 `CJ~i
DEPARTM~~' OF
///
Signed by:
{
Naive:
Title: ~t~ECf
AGEMENT SERVICES
rf
Date: ~2 ~ ~ ~
Approved as to corm and Le~atity
Date: -~'~~~-~~ ~'
2
CONTRACT AMENDMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMONTAIGNE PRODUCT SERVICES, INC:,
AND
COMDATA NETWORK, INC.
RELATING TO CONTRACT N0.973-].63-06-1
AMENDMENT 5
This is an amendment to the Agreement between the Department of Management Services
("Department" or "DMS"), TransMontaigne Product Services, Inc. {"TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata"), collectively referred to as the Parties.
This Amendment:
- Revises Section 3.02, Scope of Work.
In accordance with Section 41 of the PUR 1000, Modification of Terms, the following
modifications or amendments to the Agreement are hereby made:
Section 3.02, Scope of Work, is revised to include fueling rental vehicles being used for
official government business:
3.02 Scope of Work:
This Contract is to provide a Fleet Fuel Card program for Vehicle Fleets owned by state
agencies, rental vehicles being used for official government business and Eligible Users in
the State of Florida. This will include the purchase of Fuel and any commodity and/or
service for immediate use by the Eligible User to maintain daily operation of their vehicle
fleet. Also, the Fuel Card maybe used at Marinas and/or Airports as allowed for Marine
Fleets and/or Aircraft Fleets. The Department seeks to improve quality and efficiency of
services delivered, improve Eligible User services and reduce cost.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
This amendment shall begin on the date on which it is signed by both parties.
All other terms and conditions of the original Contract and previous Amendments (if any) remain
in full force and effect.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
TRANSMONTAIG PRODUCT SERVICES, INC.
Signed by:
Name: ~~~~ ~01nr`~
Title: ~c_d` ~w~"~ SV ~, .
Date: __~~ b
COMDATA
Signed by: '
Name:
Title:
S,~ JP ~ ~ '
Date: Z" Z~ " d
DEPARTMENT OFD MANAGEMENTS RVICES
Signed by: i~~-vim- ~ ,
Name: ~~]~'L •z, ~~ ~t 4 , _'r~ ~, ,_ ~lGtl~p/~
Title: C IC ~~~ ~-t~ ~
Date: ,~~~~() r7
Approved as to Form and Legality
Date: ~ ! a
2
AMENDMENT TO AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,
TRANSMONTAIGNE PRODUCT SERVICES, INC.,
AND
COMDATA NETWORK, INC.
RELATING TO CONTRACT N0.973-163-06-1
AMENDMENT 6
This is an amendment to the Agreement between the Department of Management Services
("Department" or "DMS"), TransMontaigne Product Services Inc. ("TransMontaigne" or
"Seller"), and Comdata Network, Inc. ("Comdata") relating to Contract No. 973-163-06-1 (the
"Agreement"). DMS, TransMontaigne and Comdata are collectively referred to as the Parties.
This Amendment:
- Revises the Technical Specification Section 3.03, Fuel Card Services Minimum
Requirements of Attachment B to the Agreement
- Adds a new section 4.14, Transaction Fee to Attachment B of the Agreement
In accordance with Section 42 of the PUR 1000, Modification of Terms, the following
amendments to the Agreement are hereby made:
1. Attachment B, Section 3.03, Fuel Card Services Minimum Requirements is revised to
address the pricing of all non-diesel fuel transactions.
The first sub-bullet under the bullet titled "Fuel Costs" shall be deleted and replaced with
the following:
o Diesel Fuel costs for Vehicle Fleets in each district will be determined
based on the OPIS Newsletter terminal average Fuel price for the Fuel
product purchased plus the Contractor's Fuel Markup and all applicable
taxes and/or petroleum associated fees allowed. One Fuel terminal is
assigned to each Fuel District.
o All non-diesel Fuel costs for Vehicle Fleets in each district will be
determined based on the retail price at the pump where the Fuel is
purchased, less the Federal Excise Tax applicable to the Fuel product
purchased. For purposes of determining the Federal Excise Tax applicable
to unleaded gasoline Fuel, it shall be assumed that such Fuel contains 10%
ethanol.
2. Anew Section shall be added immediately following Section 4.13 of Attachment B to read
as follows:
Section 4.14 Transaction Fee.
This Agreement is subject to the MyFloridaMarketplace Transaction Fee ("Fee")
requirement. See paragraph I5, PUR 1000. Beginning June 1, 2009 and continuing until
the termination of this Agreement, for the purpose of calculating the amount of the Fee,
the Parties agree that:
(i) the value of any transactions in which charges of a third party are passed
through to the State without a price markup of any kind are excluded from
the Fee and shall not be included in determining the transaction value to
which the Fee applies.
(ii) the value of any fuel transactions at DOT sites (pursuant to that certain letter
agreement regarding State Term Contract No. 973-163-06-1 dated October
23, 200?, by and between DMS and Comdata) after October 14, 2009 are
exempted from the Fee and shall not be included in determining the
transaction value to which the Fee applies.
(iii) TransMontaigne will be responsible for payment of the Fees, if any,
applicable to fuel transactions occurring outside of DOT sites. As of the date
this Amendment is signed by TransMontaigne, the only such fuel transactions
to which the Fee applies are sales of diesel fuel.
(iv) Comdata will be responsible for payment of the Fees, if any, applicable to
fuel transactions occurring at DOT sites and to all non-fuel transactions.
However, DMS has issued an exemption for any fuel transactions occumng
at DOT sites on or after October 14, 2009. Further, Comdata has not added,
and shall not add a price markup to any non-fuel transactions, and therefore,
pursuant to subsection (i) above, no Fee applies to such transactions.
(v) The agreements set forth in subsections (i)-(iv) shall apply to this Agreement,
to Contract No. 973-163-06-1, to the letter agreement regarding State Term
Contract No. 973-163-06-1 dated October 23, 2007, by and between DMS
and Comdata, and to all amendments thereto.
3. This amendment shall be effective June 1, 2009 prospectively only and shall have no
impact on transactions conducted prior to such date.
4. All other terms and conditions of the original Agreement and previous Amendments (if
any) remain in full force and effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
WHEREFORE, the Parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized as of the date set forth below, but effective for all purposes as of June
1, 2009.
TRANSMONTAIGNE PRODUCT SERVICES INC.
Signed by: ! ~CnnJ ~.
Name: [X•~ s„ ~, L"t e (.
Title: ~aC e c` , t' 1C ~ ~f ~ S~
Date: f `~4d(~„~,~LLt- (0~ ?-Q 0~
COMDATA NETWORK, INC.
Signed by:
Name:
Title:
Date: / ! • I ~ ` U J
DEPARTMENT OF MANAGEMENT SERVICES
Signed by: ~-
Name: ~hd r- `e S Gd . ~ /~ n e~
Title: !Y~ G ~ ~~ lure!-d 5/~
Date: l ~ /g ~ g
Approved as to Form and Legality by
DMS General Counsel Offrce:
,_
By: __ Date: j j 9 ~
3
