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Contract 2021-024ADocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 #2021-024-A AGREEMENT NO. 2021-024 FOR GASOLINE, DIESEL, KEROSENE, LP GAS AND BIO-DIESEL THIS AGREEMENT, is made and entered into this 6th day of May '10rV • OM-, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and PORT CONSOLIDATED, INC whose address is: 1150 W Broad St, FL 34736, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for gasoline, diesel, kerosene, LP gas and bio-diesel, Lake County Contract Number 20- 0701; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Lake County Contract Number 20-0701; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish gasoline, diesel, kerosene, LP gas and bio-diesel as described in the Lake County Contract Number 20-0701, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until April 21, 2021 unless terminated or renewed by Lake County. DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional year term. ARTICLE IV — PROVISION OF SERVICES AND COMPLETION OF WORK The CONTRACTOR shall only provide to CITY gasoline, diesel, kerosene, LP gas and bio-diesel upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Lake County Contract 20-0701 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 4 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ARTICLE VIII — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Port Consolidated, Inc 3141 SE 14 Avenue Fort Lauderdale, FL 33316 Attn: Daniel Simmons, VP OWNER: City of Clermont Attn: Susan C. Dauderis, Interim City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX — MISCELLANEOUS Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severabilily — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all 5 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either parry's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. G DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ARTICLE X — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order / Notice To Proceed 3. An applicable Contractor Quote or Statement of Work 4. All documents contained in the Lake County Contract No. 20-0701. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 6th day of May ,402-E): 2021 �S CITY OF CLERMONT DocuSigned by: SIAsm& C ` AUAVis �3T1`OY-6'F69 Susan C. Dauderis, Interim City Manager ATTEST: DocuSigned by: T A"•Y Ho.wc Tracy Ackroyd Howe, City Clerk 7 DocuSlgn Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 PORT CONSOLIDATED, INC ned bby: By:F717�pv— (Signature) Print Name: Daniel Simmons Title: vice President Date: 12/18/2020 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 LXRE COUNTY. FL CONTRACT NO.20-0701 for Gasoline, Diesel, Kerosene, LP Gas, and Bio-Diesel LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Port Consolidated (hereinafter "Contractor") to supply Gasoline, Diesel, Kerosene, LP Gas, and Bio- Diesel to the County pursuant to County Bid number 20-0701 with any included addenda (hereinafter "Bid"), with an opening date of 12/18/2019, and Contractor's Bid response dated 11/27/2019, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. Attachments: None No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Certificate of Insurance. The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from 4/22/2020 through 4/21/2021, except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By: AaW Wwae(a" 6wftc&kf 0&n 99 Date: 4/22/2020 Distribution: Original -Bid File Copy -Contractor Copy -Department PROCUREMENT SERVICES / A DIVISION OF THE OFFICE OF MANAGEMENT AND BUDGET P.O. BOX 7800.315 W. MAIN ST., RM 441, TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board of County Commissioners • www.lakecounbvfl.gov DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL INVITATION TO BID (ITB) Procurement Services website j 352-343-9839 J"``` 315 West Main Street, Suite 441 Tavares, Florida 32778 L E Post Office Box 7800 C r)TTN T V PT 20-0701 REAL FLORIDA • REAL CLOSE ITB Number: 20-0701 Bid Title: GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL Contracting Officer: Amy Munday CLOSING DATE: 11/27/2019 CLOSING TIME: 3:00 P.M. Eastern Vendors shall complete and return all information requested in Section 9.0. Failure to submit the bid response by the specified time and date will result in rejection of bid. Failure to sign the bid response may be cause for rejection of the bid. TABLE OF CONTENTS 1.0 PURPOSE OF BID.................................................................................................................... 2 1.1 TECHNICAL SPECIFICATIONS or SCOPE OF WORK .............................................. 2 1.2 EXHIBITS.............................................................................................................................. 2 1.3 ATTACHMENTS.................................................................................................................. 2 2.0 POINT OF CONTACT............................................................................................................. 2 3.0 PROPOSED SCHEDULE........................................................................................................ 2 4.0 QUESTIONS, EXCEPTIONS, AND ADDENDA.................................................................. 2 5.0 TERM OF CONTRACT........................................................................................................... 3 6.0 METHOD OF PAYMENT....................................................................................................... 3 7.0 METHOD OF AWARD............................................................................................................ 3 8.0 DELIVERY OF BID................................................................................................................. 4 9.0 SUBMITTAL REQUIREMENTS............................................................. ............................ 5 Page 1 of 6 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 1.0 PURPOSE OF BID The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids to furnish GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL for and on behalf of the following entities, all of which are members of the Purchasing Officials of Lake Cooperative Purchasing Program ("hereafter "POOL"): Awarding Entity: Lake County, Florida Board of County Commissioners (hereafter "COUNTY"), Participating Entities: the Lake County School Board, the Lake County Sheriffs Office, the Town of Astatula, the Town of Lady Lake, the City of Clermont, the City of Eustis, the City of Leesburg, and the City of Mount Dora, Florida (hereafter "Entities"). 1.1 TECHNICAL SPECIFICATIONS or SCOPE OF WORK Refer to Exhibit A — Scope of Work for full details. 1.2 EXHIBITS Exhibit A — Scope of Work Exhibit B — Insurance Requirements Exhibit C — Review the Lake County General Terms and Conditions Pale dated 2/26/2019. Exhibit D — Delivery Site Locations 1.3 ATTACHMENTS Attachment 1 — Bid Submittal Form Attachment 2 — References Form Attachment 3 — Pricing Sheet Attachment 4 — Pricing Continued 2.0 POINT OF CONTACT Inquiries concerning any portion of this solicitation should be directed to the Contracting Officer below who will be the official point of contact for this solicitation. Amy Munday, Contracting Officer II Telephone: 352-343-9839 Fax: 352.343.9473 E-mail: amurida @IakecountA. goy 3.0 PROPOSED SCHEDULE 10/30/2019.......................Invitation to Bid Available 11/20/2019....................... Last Day to Receive Written Questions 11 /27/2019....................... Bid Closing Date 4.0 QUESTIONS, EXCEPTIONS, AND ADDENDA Vendors should carefully examine this solicitation package including the Lake County General Terns and Conditions page. All communication, inquiries, or requests for exceptions are to be directed to the Contracting Officer listed in Section 2.0. The last day for questions or requests for exceptions is 11/20/2019. An addendum may be issued in response to any inquiry received, which changes or clarifies the terms, provisions, or requirements of the solicitation. No answers given in response to questions submitted will be binding upon this solicitation unless released Page 2 of 6 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 in writing as an addendum to the solicitation and posted on the Lake County Formal Bid site for this solicitation. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issued will prevail. It is the Vendor's responsibility to ensure receipt of all addenda and any accompanying documentation. Failure to acknowledge each addendum may prevent the proposal from being considered for award. Clarification of process or procedure questions may be asked at any time to the Contracting Officer. 5.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for four (4) subsequent one (1) year renewals. Renewals are contingent upon mutual written agreement. Contract prices resultant from this solicitation will prevail for the full duration of the Contract unless otherwise indicated elsewhere. Prior to completion of each exercised term, the County may consider an adjustment to price based on changes as published by the U.S. Department of Labor, Bureau of Labor Statistics. Refer to Exhibit A — Scope of Services. It is the Contractor's responsibility to request in writing any pricing adjustment under this provision. 6.0 METHOD OF PAYMENT The Contractor must submit an accurate invoice to the County's using department. The date of the invoice must be after delivery but no more than thirty (30) calendar days after delivery. Invoices must reference the: purchase or task order; delivery date, delivery location, and corresponding packing slip or delivery ticket signed by a County representative at the time of acceptance. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate County using department. The County will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within thirty (30) days after the due date. 7.0 METHOD OF AWARD Each Bid submittal will be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this Bid. (Responsive) B. The greatest benefits to Lake County as it pertains to: (Responsible) 1. Total Cost — per gallon rack/pipeline prices as of November 5, 2019* including markups + or -; 2. Delivery; 3. Past Performance. In order to evaluate past performance, all Vendors are required to submit a list of five (5) verifiable references / relevant projects completed within the last three (3) years that are the same or similar in magnitude to this ITB. The County may be listed as a reference. Use Attachment 2 — References Form; Page 3 of 6 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 4. All technical specifications associated with this Bid; 5. Financial Stability: A Dun and Bradstreet report may be used by the County to evaluate Vendor's financial stability. All Vendors shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. 6. Review of Vendor's facility to determine Vendor's capability to successfully perform under contract and, Vendor's ability to supply fuel in emergency situations. Awards will be made to the most responsive, responsible, Vendor whose Bid represents the best overall value to the County when considering all evaluation factors. The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors; to reject any and all offers or waive any minor irregularity or technicality in bids received. Bids received before the date and time listed will be opened, recorded, and accepted for consideration. Vendors' names will be read aloud and recorded. Bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the bid due date or after recommendation of award, whichever occurs first. 8.0 DELIVERY OF BID DO NOT RESPOND TO THIS SOLICITATION ON-LINE, All Bids must be sealed and clearly marked with BID: 20-0701, GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL, and firm name. Bids must be received by the Lake County Office of Procurement Services, Room 441, Fourth Floor, 315 W. Main Street, Tavares, FL 32778-7800, no later than 3:00 P.M., Eastern time on 11/27/2019. Bids received after this time, regardless of circumstance, will not be considered. A response will not be accepted if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. All Bids must be sealed and delivered to (faxes/e-mails will not be accepted): Hand Delivery: LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4TH FLOOR, ROOM 441 TAVARES, FLORIDA 32778 Sealed Bids delivered by a third -party carrier (U.S. Postal Service, FedEx, UPS, etc.) are opened and inspected by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off - site controlled facility prior to delivery to the Office of Procurement Services. United States Postal Service (USPS). Allow additional days for transportation and inspection: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778-7800 Page 4 of 6 DocuSlgn Envelope ID: 59BF5A38-257D45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 Third Party Carrier (FedEx, UPS, etc). Allow an additional day for transportation and inspection: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 313 SOUTH BLOXHAM AVENUE TAVARES, FL 32778 9.0 SUBMITTAL REQUIREMENTS Vendors must complete and return all information requested in this ITB document (See Section 9,0). Bid submission indicates a binding offer to the County and agreement of the terms and conditions referenced in this Invitation to Bid. Do not make any changes to the content or format of any form without County permission. All information must be legible. The person signing the Bid must initial any corrections made. The Bid must be signed by an official authorized to legally bind the firm to its provisions. Include a memorandum of authority signed by an officer of the company if the signor is not listed as a corporate officer on the firm's SunBiz registration or corporate documents. Vendor must submit one (1) signed original and one (1) complete electronic copy (on a CD or USB flash drive) in a sealed package marked 20-0701, GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS AND BIO DIESEL and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened. The County is not liable or responsible for any costs incurred by any Vendor in responding to this ITB including, without limitation, costs for product or service demonstrations if requested. Specific Completion Directions: Prices shall be submitted on a bid sheet as follows: Fuel Cost shall be determined by the date in which delivery of fuel is made. Fuel cost shall include: • Gasoline, Diesel Fuels and LP Gas: Prices will be calculated using the following information: o Fuel cost is based on daily OPIS Contract Average (10:00 a.m. EST) / Gross / Standard price for either gasoline or diesel fuel at the Orlando rack. o Vendor's markup as determined by transportation/handling fee o Vendor's markup for profit margin o All applicable fuel taxes and/or petroleum associated fees all listed separately Page 5 of 6 DocuSign Envelope Q 59BF5A38-257D-45BA-8CE9-608BC9FAC019 GASOLINE, DIESEL, FUEL, KEROSENE, LP GAS, AND BIO-DIESEL 20-0701 Submittal must include: Completed Attachment 1— Bid Submittal Form; Include a completed W-9 form; Completed Addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's Bid. Failure to return signed addenda may be cause for Bid to be considered non -responsive; Completed Attaclunent 2 — Reference Fonrn; Completed Attachment 3 — Pricing Sheet; \� Completed Attachment 4 — Pricing Continued Business Tax Receipt; `{l Proof of insurance or evidence of insurability at levels in Exhibit B — Insurance Requirements; L1 Provide the Emergency Situation Capability Plan and Process detailed in Exhibit A Scope of Work [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 6 of 6 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ATTACHMENT I — BID SUBMITTAL FORM 20-0701 The undersigned hereby declares that: Port Consolidated Inc has examined and accepts the specifications, terms, and conditions presented in this solicitation, satisfies all legal requirements to do business with the County, and to furnish FUEL PPRODUCTS for which Bid Submittals were advertised to be received no later than 3:00 P.M. Eastern time on Error! Reference source not found. and further declares the firm will furnish FUEL PRODUCTS according to specifications, terms, and conditions. Furthermore, the undersigned is duly authorized to execute this Bid document and any contracts or other transactions required by award of this solicitation. The County reserves the right to negotiate with the awarded Vendors for additional services similar in nature not known at time of Bid closing. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor will accept payment through the County VISA- based payment system: NO PROMPT PAYMENT DISCOUNT: 0. if paid within: Ofrom invoicing. Note payment is Net 45 days otherwise. CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the Lake County General Term,-, and Conditions page and accept the Lake County General Tennis and Conditions dated 2/26/2019 as written. YES Failure to acknowledge may result in Proposal being deemed non -responsive. CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. None CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed an initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in full for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES RECIPROCAL VENDOR PREFERENCE: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ATTACHMENT 1 — BID SUBMITTAL FORM 20-0701 another county may be applied in a reciprocal manner within Lake County. The following information is needed to support application of the Code: 1. Primary business location of the responding Vendor: Fort Lauderdale FL 2. Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted: YES If "yes" is checked, provide supporting detail: Location in Groveland, FL GENERAL VENDOR INFORMATION: Firm Name: Port Consolidated Inc Street Address: 1150 W Broad Street, FL 34736 City: Groveland State and ZIP Code: FL 34736 Mailing Address (if different): PO Box 350430, Fort Lauderdale FL 33335 Telephone: 407-412-7253 Fax: 407-412-7255 Federal Identification Number / TIN: 59-1173292 DUNS Number; 04-677-7751 BID SIGNATURE: I hereby certify the information indicated for this bid is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. 1, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addendums. Name of Legal Representative Submitting this Bid: *e"*1 g6d%6 Date: 11 /27/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: mgriffith@portconsolidated.com portconsolidated.com Secondary E-mail Address: The individual "signing" this quote affirms that the facts stated herein are true and that the response to this solicitation has been submitted on behalf of the aforementioned Vendor. (County Use Only) AWARD OF CONTRACT BY THE COUNTY (County Use Only): When counter -signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified in this solicitation. A Contract may be contingent upon a determination by the County that the firm has the capacity and capability to successfully perform the Contract. By signature below, the County confirms award to the above Vendor under solicitation, 20-0701, FUEL PRODUCTS. A separate purchase order may be generated by the County to support the Contract. Vendor awarded as: Sole Source Signature of Authorized County Official: DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 Form Request for Taxpayer (Rev. October2018) Identification Number and Certification Give Form to the requester. Do not DepartmentoftheTreasury Internal Revenue Service ► Go to www.lrs.gov1FormIN9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. PORT CONSOLIDATED INC 2 Business nameldisregarded entity name, If different from above a, 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to afollowing seven boxes. certain entitles, not individuals; see C o ❑ IndividuaUeole proprietor or ElC Corporation 21 S Corporation ❑ Partnership ❑ TtusVestate Instructions on page 3): m c '� single -member LLC ❑ Limited Exempt payee code Of any) liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o Note: Chock the appropriate box In the line above for the tax classification of the single -member owner. Do not check LLC If the LLC Is classified as a efngie-member LLC that is disregarded from the owner unless the owner of the LI-C Is Exemption from FATCA reporting another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that coda (if any) _ is disregarded from the owner should check the appropriate box for the tax classification of Its owner. m rn ❑Other (see Instructions) fir„ m •,,,14 1ii-d, sa ua) 6 Address (number, street, and apt, or suite no.) See instructions. I Requester's name and address (optional] PO BOX 350430 —` J 6 City, state, and 21P code FT LAUDERDALE, FL 33335 7 List account number(s) here (optfonan - - Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid I Saclat security number ) backup withholding. For individuals, this is generally your social security number (SSN. However, for a -m resident alien, sole proprietor, or disregarded entity, see thea instructions for Part I, later. For other entities, it is your employer identification number (EIN). if you do not have a number, see Now to get a TlN, later. or Note: the account is In more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. — — Certification Under penalties of perjury, I certify that: - HI 3 1 2 9 2 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign signature of Here u.s. person► JoseA Siska, CFO Date► 1/01/2019 General Instructi bns • Form 1099-DN (dividends, Including those from stocks or mutual funds) Section references are to the intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov/ForrnW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-iNT (interest earned or paid) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions, by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Forn 1099-A (acquisition or abandonment of secured property) Use Form W-9 only d you are a U.S. person Qnciuding a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) DocuSign Envelope ID: 59BF5A38-257D45BA-8CE9-608BC9FAC019 LAkE COUNTY, FL F t 6 OF q- i L, l .i,- OFFICE OF PROCUREMENT SERVICES PHONE: (352) 343-9839 315 WEST MAIN STREET, SUITE 441 FAX: (352) 343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO. 1 Date: November 18, 2019 ITB 20-0701 ITB Title: Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does change the date for receipt of proposals. The new due date for proposals is December 4, 2019 to answer questions and requested documents submitted. The questions and requests submitted and requested are below however, they will be answered and furnished in Addendum 2: Questions: 1. Please provide a current invoice. 2. Please provide bill of ladings for all fuel grades on this solicitation. 3. Please provide the tabulations for the current contract. 4. Please provide tax exemptions/certificates. 5. Who is the current vendor? 6. If shown as line items on the invoice, will payment for the applicable taxes be processed? 7. How is the basis for award calculated regarding the submitted prices? 8. Can the contract award be split between multiple vendors? 9. Is it the intent to award to a single vendor? 10. Which sites require a tank wagon delivery? 11. Please provide the number of Bio-Diesel gallons used on the current contract. 12. Please indicate whether the tank is above or below ground for each site. 13. Do any of the above ground tanks have their own pump installed for the carrier to connect with for offloading? 14. If yes, which locations? 15. Would you be able to provide each site's individual volume? Page 1 of 3 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 16. What is the average transport delivery size received by each location (or by group)? 17. What is the average tank wagon delivery size received by each location (or by group)? 18. Are gas and diesel delivered together on the same shipment? 19. If yes, which locations? 20. Now frequently are deliveries split between multiple locations? 21. Which locations typically receive a split delivery? 22. Will B5 be accepted instead of B20? 23. From where is the current vendor supplying B20? 24. Will the City allow the pricing index for deliveries to temporarily be changed to cost - plus during sever storms (i.e. hurricanes) that disrupt regional supply? 25. Is there a local vendor preference for this bid? If yes, how is the local preference calculated into the scoring for award? 26. Is the awarded vendor responsible for the costs of fuel testing? 27. If yes, how many times was the fuel tested under the current contract? 28. Is the regular gasoline 87 octane to contain up to 10% ethanol? 29. Is the premium gasoline 93 octane to contain up to 10% ethanol? 30. Is the mid -grade gasoline 89 octane to contain up to 10% ethanol? 31. When dyed diesel is delivered, will the vendor be permitted to bill off of the dyed diesel index? 32. Will the awarded vendor be required to furnish performance or payment bonds? 33. If yes, what percentage of the contract are the bonds to be valued at? 34. Please provide specific OPIS city bidders are to use to base their price off of (i.e. TAFT vs Orlando) 35. Will the bidder's answer to the VISA payment question factor into the County's basis for award? 36. Are the County and member of the Co-op currently paying fuel invoices with VISA? 37. Is pricing based on OPIS? If so, which terminal? 38. Can a metered bill of lading from the terminal be accepted in lieu of the metered truck requirement? If no, please provide a copy of the current vendor's metered delivery ticket. 39. What is the difference between Group 2 Item 4 and Group 4 Item 9? 40. What OPIS city would you prefer to be priced on? 41. What OPIS city are you currently being priced on? 42. What is the expected contract start date? 43. Could you please advise if ultra -low sulfur off road diesel will be acceptable in lieu of the high sulfur diesel requirement? There is no high sulfur diesel in the Orlando/Tampa region. 44. Are you currently receiving any Bio Diesel deliveries? If so, what is the percentage of the Bio? 45. Are any taxes or fees to be included in our margin or be billed separately on invoices? 46. Could you please send a list of bidders that received this solicitation? Finn Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: Afkz , *1 c9vA%6 Date: 11/20/2019 Print Name: Michael Griffith Title: Vice President Page 2 of 3 DocuSign Envelope ID: 59BF5A38-257D-15BA-8CE9-608BC9FAC019 Primary E-mail Address: mgriffith@portconsolidated.com Secondary E-mail Address: Page 3 of 3 DocuSign Envelope ID: 59BF5A38-257D45BA-8CE9-808BC9FAC019 -eftaft N�ZG Adomil— LAKe'E O N 1 Y, ,i' L OFFICE OF PROCUREMENT SERVICES PHONE: (352) 343-9839 315 WEST MAIN STREET, SUITE 441 FAX: (352) 343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO.2 Date: November 26, 2019 ITB 20-0701 ITB Title: Gasoline, Diesel Fuel, Kerosene, LP Gas and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does change the date for receipt of proposals. The new date for receipt of proposals is Wednesday, December 18, 2019 to allow sufficient time to obtain answers to questions and provide requested documentation. This will be provided in Addendum 3. Firm Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: A&zh.4al 66alft Date: 12/2/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: Mgriffith@portconsolidated.com Secondary E-mail Address: Page 1 of 1 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CEM08BC9FAC019 �Aw � mwlh�_ 10A OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 PHONE: (352) 343-9839 FAX: (352) 343-9473 ADDENDUM NO.3 Date: November 27, 2019 ITB 20-0701 ITB Title: Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Vendors are responsible to ensure receipt and acknowledgement of all addenda within Submittal. Acknowledgement is confirmed by inclusion of an electronically completed copy of this addendum within Submittal. Failure to acknowledge each addendum may prevent the Submittal from being considered for award. This addendum does NOT change the date for receipt of proposals. This addendum is to answer questions submitted before and, to advise potential bidders that a revised Attachment 3 Pricing page has been added to the website and should be used in place of the previous version. Questions: 1. Please provide a current invoice. See provided copy of invoice attached. 2. Please provide bill of ladings for all fuel grades on this solicitation. See provided copies of bills of ladings (Astatula site is tanker loads; Leesburg, Minneola and Umatilla are all tank wagon loads) 3. Please provide the tabulations for the current contract. Please see attached. 4. Please provide tax exemptions/certificates. See attached Tax Exemption Certificate 5. Who is the current vendor? Port Consolidated 6. If shown as line items on the invoice, will payment for the applicable taxes be processed? If taxes are valid for payment, they will be paid. If not, the invoice will be rejected for non- compliance. 7. How is the basis for award calculated regarding the submitted prices? The Current Rack/Pipeline Charge; Hand ling/Transportation Fee; and Vendor Administrative Margin Mark Up will determine the award along with compliance. Page 1 of 4 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 8. Can the contract award be split between multiple vendors? The County reserves the right to award to either a single vendor or, award to multiple. 9. Is it the intent to award to a single vendor? See Question 8 10. Which sites require a tank wagon delivery? Tank wagon deliveries to Leesburg, Minneola and Umatilla 11. Please provide the number of Bio-Diesel gallons used on the current contract. Fleet does not purchase Bio-Diesel 12. Please indicate whether the tank is above or below ground for each site. Astatula, Leesburg, Minneola and Umatilla are all above ground tanks. 13. Do any of the above ground tanks have their own pump installed for the carrier to connect with for offloading? Pumps are only for dispensing fuel for County vehicles 14. If yes, which locations? None 15. Would you be able to provide each site's individual volume? Yes, we can provide tank's volume 16. What is the average transport delivery size received by each location (or by group)? Transport (tanker) deliveries to Astatula: 7500 gallons for Gasohol and 7000 gallons of Ultra Low Sulfur Diesel (per delivery) 17. What is the average tank wagon delivery size received by each location (or by group)? Leesburg, Minneola and Umatilla are on a "keep full" basis delivery (i.e. Tuesdays and Thursdays). Road Diesel is used more during summer (mowing season) 18. Are gas and diesel delivered together on the same shipment? Yes, gas and diesel are delivered at the same time 19. If yes, which locations? Leesburg, Minneola and Umatilla 20. How frequently are deliveries split between multiple locations? Twice per week; Tuesdays and Thursdays 21. Which locations typically receive a split delivery? Leesburg, Minneola and Umatilla 22. Will B5 be accepted instead of B20? See Question 11 23. From where is the current vendor supplying B20? See Question 11 24. Will the City allow the pricing index for deliveries to temporarily be changed to cost — plus during sever storms (i.e. hurricanes) that disrupt regional supply? County (not City) expects to pay contract pricing during emergencies, hurricanes, etc. Please see Exhibit A — Scope of Work or Services, page 5, "Delivery During Emergency/Hurricane/Disasters or Similar Events" 25. Is there a local vendor preference for this bid? If yes, how is the local preference calculated into the scoring for award? Please visit our website at the following link to learn more about Lake CounWs reciprocal preference: htths://www.lakeeountN,fl.Qov/hdfs/ )rocurement/LCBCC Local Preference Policv.i)df 26. Is the awarded vendor responsible for the costs of fuel testing? No, the vendor is not responsible for testing the fuel 27. If yes, how many times was the fuel tested under the current contract? See Question 26 28. Is the regular gasoline 87 octane to contain up to 10% ethanol? Yes, regular 871 can contain up to 10% ethanol Page 2 of 4 DocuSign Envelope ID: 59BF5A38-257D-45BA-BCE9-608BC9FAC019 29. Is the premium gasoline 93 octane to contain up to 10% ethanol? Fleet does not purchase premium 93* unleaded 30. Is the mid -grade gasoline 89 octane to contain up to 10% ethanol? Fleet does not purchase mid -grade 89* unleaded 31. When dyed diesel is delivered, will the vendor be permitted to bill off of the dyed diesel index? No, the County is requesting pricing on OPIS rate 32. Will the awarded vendor be required to furnish performance or payment bonds? No bonds required 33. If yes, what percentage of the contract are the bonds to be valued at? See Question 32 34. Please provide specific OPIS city bidders are to use to base their price off of (i.e. TAFT vs Orlando) OPIS rack price determined by the closest appropriate terminal for fuel 35. Will the bidder's answer to the VISA payment question factor into the County's basis for award? No 36. Are the County and member of the Co-op currently paying fuel invoices with VISA? The County reserves the right to retain this option for a payment vehicle 37. Is pricing based on OPIS? If so, which terminal? Yes, see Question 34 38. Can a.metered bill of lading from the terminal be accepted in lieu of the metered truck requirement? If no, please provide a copy of the current vendor's metered delivery ticket. Yes, if a whole truck was ordered but, if less than that, no. See Question 2 and attachment 39. What is the difference between Group 2 Item 4 and Group 4 Item 9? Duplication error. Revised pricing page has been posted to the website 40. What OPIS city would you prefer to be priced on? See Question 34 41. What OPIS city are you currently being priced on? Orlando, Florida OPIS 42. What is the expected contract start date? January 2020 43. Could you please advise if ultra -low sulfur off road diesel will be acceptable in lieu of the high sulfur diesel requirement? There is no high sulfur diesel in the Orlando/Tampa region. Fleet does not purchase/use High Sulfur Diesel Fuel 44. Are you currently receiving any Bio Diesel deliveries? If so, what is the percentage of the Bio? Fleet does not purchase Bio-Diesel 45. Are any taxes or fees to be included in our margin or be billed separately on invoices? Taxes/Fees billed separately on invoices are: GFE Federal Excise Tax DIE Federal Excise Tax GMF State Motor Fuel Gas Tax Pollution Gas & Pollution Diesel Local Option Gas Lake & Local Option Diesel Lake L.U.S.T. E10 & Fed Oil Spill & L.U.S.T. Diesel & Fed Oil Spill 46. Could you please send a list of bidders that received this solicitation? Please see attached 47. Reviewing the bid documents for ITB 20-0701 and came across something that is of concern. In the items to be submitted that are listed on page 6 of the Invitation to Bid, one of the items is a copy of the rack/pipeline average for November 5, 2019 to verify prices for Page 3 of 4 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 each type of fuel bid. Is the County aware that OPIS is a copyrighted publication and it is a copyright violation to shar this information? I realize that many bids request this information but wanted to make sure you were aware. The County has verified this after speaking with OPIS. Pages 5 and 6 have been changed and the revised Invitation to Bid document is available on our website. 48. Are you using the Gross or Net Daily OPIS Rack Average? Gross 49. Is the local office still applicable for this solicitation? Yes (see page 6 of Exhibit A — Scope of Services or Work) however, any potential bidder can propose an option being as detailed as possible as to their proposal on office location. The County reserves the right to follow up in this regard. Firm Name: Port Consolidated Inc I hereby certify that my electronic signature shall have the same legal effect as if made under oath, that I am an authorized representative of this Vendor and/or empowered to execute this submittal of behalf of the Vendor. Signature of Legal Representative Submitting this Bid: Ms04ol C'r% Date: l 2/2/2019 Print Name: Michael Griffith Title: Vice President Primary E-mail Address: mgriffith@portconsolidated.com Secondary E-mail Address: Page 4 of 4 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 �infC)onso]1*idatedo-r COMPANY INFORMATION COMPANY NAME: Port Consolidated, Inc. (A Florida Corporation) BILLING ADDRESS: P.O. Box 350430 Fort Lauderdale, FL 33335-0430 STREET ADDRESS: 3141 SE 14 Avenue Fort Lauderdale, FL 33316 TELEPHONE: (954) 522-1182 FAX: (954) 527.1191 ESTABLISHED: September 28, 1967 FEDERAL ID# 59-1173292 FLORIDA RESALE# 80-8015844164.7 D & B# 04-677-7751 PRESIDENT: Donald Carlton, Jr. TYPE OF BUSINESS: Distributor of Fuel and Lubricants BANK REFERENCE Wells Fargo Bank, N.A. Capital Finance Group 1100 Abernathy Road, NE, Suite 1600 Atlanta, GA 30328 Tel: (770) 508-1330 Fax: (866) 935-8838 Account # 4128725769 TRADE REFERENCES Edna James Transport, Inc P.O. Box 1293 Ft. Lauderdale, FL 33302 Tel: (954) 791-5496 Fax: (954) 792-2965 Bacon Environmental Services P.O. Box 3236 Tequesta, FL 33316 Tel: (561) 644-3326 Broward Gear & Drive, Inc. 211 S.W. 29'" Street Fort Lauderdale, FL 33315 Tel: (954) 524-0311 Fax: (954) 763-1208 Pro Industries 2605 State Road 60 West Mulberry, FL 33860 Tel: (863) 425-4991 Fax: (863) 425-1074 is authorized to make inquiries to the above references for the purpose of granting credit privileges to Port Consolidated, Inc. By:-- mn&gnEnvelope t ge5A3e3z -45s 4c9-6 Se ga e@ � e S � k ƒ \ CL � e 609 # w 9 0 ■ 0 fA � BE k g n 0 G C) DocuSign Envelope ID: 59BF5A38-257D-45BA-8CEM08BC9FAC019 mi 11 R O 0 En b9 S. DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 i is 64 b9 69 b9 b9 ON O O 4 w� O~ O O 00 N �l O O O N O N4�, 0 0 0 0 0 0 R, 15 C O y 7s C O e M DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 � y y O O w rn c CA w a CD o a C! C) A q C � W :It CD -3 ?e �'e'e x'e ' ,- � • T3 yee ON 00 J O, O 1 CA ~ O ro -- o ri ........'....bl''�•�r. O °: 1� CD a CD r7 Sy a� a.a0.a.o'y o o ', "` terra A ` ` .� CD CD 0 ) CD 0 CD o 0 CD � o t� o `± n �' C �o w ... o d "C 0 coo CDD CD CDD r-r 0 0 0 o Z �n (� — O o' o' rn 0 � � � .� oCL o' o (DD a o o 2. P. b b o b9 5R 69 64 b9 0 0 0 0 V - O OtQ N O Q O boo N O O tJ m C N J N O 0 A N O_ 00 J r� O DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 i i rn x C CD K a �d 0 CD xr) 0 ° y > �] �] -3 qt c 0 J obi Ch �11 b, 'ti0 CD f° O [D [lCD P C) P,CD C r h CD r y ° + � uo 0 00° ° CD c� cn CD z ITI >✓z� CDo� �+ o a o Ge 605 N 0 0 0 0�s C,4 W 0 0 0- �— O O N Jp Np O O O C) 00 Q O O � � 0 2 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 171 X Y� b co w 0000 C;N LAITI b o d , CD °' D n 0 0° CD g er? CD o c; OOOOZCDITI r z 01 o �. L b9 b4 Els 69 1.09 N O O .P 00 O O 00 N O O NUh O'er 2 H H 00 00 o o a b CD kle w 0 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 a CLCD >e w y w W O0 J cc1 (A O ' "-1 ,00 CD 1 1 1 1 1 0 w ti. CD C% CD 5 ro coD n 0 0 CAD � 0 o a CD w W n G� �+ o CD .P o �7 W O O :j CD O Rz x , +, aO o G) :; z �P�w.°< ztJ o � 0 K ti m 0 a 00000y3�,�, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 r 0 CL 0 0 a �z eD co 3 V CM a ° o C ^ ° o C) CAD C � A >v CD CD A CD CD 4� m w N DocuSign Envelope ID: 59BF5A38-257D•45BA-8CE9-608BC9FAC019 x CD �y>�m yd O ' � •ems o � �A� ;�, �• ty bd r�r CD � � M d 0 0 �. C o o m m ~ co m C cn Ow C; w G� G� °o p° 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O 0 0 0 0 0 O O O O O O O O O O O O O O 0 O O O O O O O O O O O O 0 i O eel' l+/ C. DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 rn R. n 0 0 0 p p C ..�. m � 0 �1 00 0 R. `� �" rn rp• "� `C `�. A. .. .-. rA O O CD ' ."+ M p `3 b r- ►�t m w r� c 0 �. CD fD rA O 0to r. q eD o, I � w � cn r. \ :y PT EA b9 O 00 0 0 0 0 O O 00 O C) J 2 m 112 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 Uhl.t-uvuU, CL 2019-11-05 10:00:03 EST '*OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** 9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time 76-Mot b 125-3 -- -- -- -- -- -- -- -- 206.18 + .81 11/04 18:00 F1ntHlsRs u N-10 -- -- -- -- -- -- -- -- 201.40 + .80 11/04 18:00 Huguenot u N-10 -- -- -- -- -- -- -- -- 201.39 + .79 11/04 18:00 Marathon b 1-10 -- -- -- -- -- -- -- -- 204.75 - .25 11/04 18:00 Marathon u N-10 -- -- -- -- -- -- -- -- 201.70 - .25 11/04 18:00 Motiva u N-10 -- -- -- -- -- -- -- -- 206.12 F 1.10 11/04 18:00 Shell -Mot b 125-3 -- -- -- -- 206.18 + .81 -- -- -- -- 11/04 18:00 Sunoco b 125-3 -- -- -- -- -- -- -- -- 205.95 + .63 11/04 18:00 LOW RACK -- -- 206.18 201.39 HIGH RACK -- -- 206.18 206.18 RACK AVG -- -- 206.18 203.93 FOB COLONIAL 166,370 -- -- -- -- FOB ORLANDO -- -- 178.52 190.52 BRD LOW RACK -- -- 206.18 204.75 BRD HIGH RACK -- -- 206.18 206.18 BRD RACK AVG -- -- 206.18 205.63 UBD LOW RACK -- -- -- -- 201.39 UBD HIGH RACK -- -- -- -- 206.12 UBD RACK AVG -- -- -- -- 202.65 CONT AVG-11/05 -- -- 206.18 203.93 CONT LOW-11/05 -- -- 206.18 201.39 CONT HIGH-11/05 -- -- 206.18 206.18 **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS CBOB ETHANOL(10'�) PRICES** 9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time Vitol u N-10 170.75 + -75 188.75 + .75 208.75 .75 11/04 18:00 Valero u N-10 170.90 - .15 185.90 - .15 211.90 - .15 11/04 18:00 Marathon u N-10 171.05 + .80 185.05 + .80 213.05 .80 11/04 18:00 F1ntHlsRs u N-10 171.35 + .70 184.35 + .70 206.35 + .70 11/04 18:00 Huguenot u N-10 172.00 + .38 184.44 + .44 206.44 + .44 11/04 18:00 Motiva u N-10 172.12 + 1.10 190.12 + 1.10 220.12 + 1.10 11/04 18:00 Citgo u 1-10 175.36 + .64 193.55 + .65 224.86 + .65 11/04 18:00 Sunoco b 125-3 176.17 + .10 191.67 + .10 226.41 + .29 11/04 18:00 Citgo b 1-10 176.23 + .75 191.43 + .74 226.43 + .74 11/04 18:00 Mystik b 1-12 176.23 + .75 191.43 + -74 225.73 + .75 11/04 18:00 Valero b 1-10 176.35 + 1,00 193.45 + 1.00 226.95 + 1.00 11/04 18:00 XOM b 125-3 176.42 - .17 193.12 - .18 227.10 - .17 11/04 19:00 76-Mot b 125-3 176.68 + .66 193.89 - .65 226.05 + .66 11/04 18:00 Marathon b 1-10 176.77 + 1.11 193.26 + 1.11 226.26 + 1.11 11/04 18:00 Shell -Mot b 125-3 176.98 + .66 194.20 + .66 228.63 + .66 11/04 18:00 Chevron b 1t45c 177.00 + 1.10 193.90 + 1.10 228.50 + 1.10 11/04 18400 Texaco b 1t45c 177.00 + 1.10 193.90 + 1.10 228.50 + 1.10 11/04 18:00 BP b 125-3 177.04 + 1.00 198.34 + 1.00 228.54 + 1.00 11/04 18:00 LOW RACK 170.75 184.35 206.35 HIGH RACK 177.04 198.34 228.63 RACK AVG 174.80 191.15 221.70 FOB ORLANDO 165.13 -- -- 180.66 BRD LOW RACK 176.17 191.43 225.73 BRD HIGH RACK 177.04 198.34 228.63 BRD RACK AVG 176.62 193.51 227.19 UBD LOW RACK 170.75 184.35 206.35 UBD HIGH RACK 175.36 193.55 224.86 UBD RACK AVG 171.93 187.45 213.07 CONT AVG-11/05 174.80 191.15 221.70 CONT LOW-11/05 170.75 184.35 206.35 CONT HIGH-11/05 177.04 198.34 228.63 ORLANDO, FL LOW RETAIL 223.70 AVG RETAIL 240.18 LOW RETAIL EX -TAX 170.96 AVG RETAIL EX -TAX 186.57 DocuSign Envelope D:59BF5A38-257D-45BA-BCE9-608BC9FAC019 2019-11-05 10: 00:03 EST **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time Huguenot u N-10 191.27o - 4.94 -- -- -- -- -- -- -- -- 10/30 18:00 F1ntHlsRs u N-10 196.65 + 1.30 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon u N-10 196.75 + 1.25 -- -- -- -- -- -- -- -- 11/04 18:00 Valero u N-10 196.90 .95 -- -- -- -- -- -- -- -- 11/04 18:D0 Motiva u N-10 197.00 + .85 -- -- -- -- -- -- -- -- 11/04 18:00 Northvlle u N-10 197.00 + 1.00 -- -- -- -- -- -- -- -- 11/04 18:00 Vito.1 u N-10 198.00 + .75 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon b 1-10 199.60 + 1.27 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo b 1-10 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo u 1-10 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Mystik b 1-12 200.76 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Motiva b 125-3 201.04 + .61 -- -- -- -- -- -- -- -- 11/04 18:00 Valero b 1-10 201.05 + .40 -- -- -- -- -- -- -- -- 11/04 18:00 76-Mot b 125-3 201.55 + 1.01 -- - -- -- -- -- -- -- 11/04 18:00 Sunoco b 125-3 201.65 + .79 -- -- -- -- -- -- -- -- 11/04 18:00 XOM b 125-3 201.69 + 1.10 -- -- -- -- -- -- -- -- 11/04 19:00 BP b 125-3 201.88 + 1.60 -- -- -- -- -- -- -- -- 11/04 18:00 Shell -Mot b 125-3 201.90 + .63 -- -- -- -- -- -- -- -- 11/04 18:00 Chevron b lt45c 203.00 + .50 -- -- -- -- -- -- -- -- 11/04 18:00 Texaco b 1t45c 203.00 + .50 -- -- -- -- -- -- -- -- 11/04 18:00 LOW RACK 196.65 -- -- -- -- HIGH RACK 203.00 -- -- -- -- RACK AVG 200.05 -- -- -- -- FOB COLONIAL 184.900 -- -- -- -- FOB ORLANDO 188.50 -- -- -- -- BRD LOW RACK 199.60 -- -- -- -- BRD HIGH RACK 203.00 -- -- -- -- BRD RACK AVG 201.49 -- -- -- -- UBD LOW RACK 196.65 -- -- -- -- UBD HIGH RACK 200.76 -- -- -- -- UBD RACK AVG 197.58 -- -- -- -- CONT AVG-11/05 200.05 -- -- -- -- CONT LOW-11/05 196.65 -- -- -- -- CONT HIGH-11/05 203.00 -- -- -- -- o=out of product **OPIS CONTRACT BENCHMARK FILE** **OPTS GROSS ULTRA LOW SULFUR RED DYE DISTILLATE PRICES** Move Terms No.2 Move No.l Move Pre Move Date Time Huguenot u N-10 191.77o - 4.94 -- -- -- -- -- -- -- -- 10/30 18:00 Marathon u N-10 197.25 + 1.25 -- -- -- -- -- -- -- -- 11/04 18:00 F1ntHlsRs u N-10 197.40 + 1.30 -- -- -- -- -- -- -- -- 11/04 18:00 Valero u N-10 197.40 + .95 -- -- -- -- -- -- -- -- 11/04 18:00 Motiva a N-10 197.50 + .85 -- -- -- -- -- -- -- -- 11/04 18:00 Northvlle u N-10 197.50 + 1.00 -- -- -- -- -- -- -- -- 11/04 19:00 Vitol u N-10 198.35 + .75 -- -- -- -- -- -- -- -- 11/04 18:00 Marathon b 1-10 200.10 + 1.26 -- -- -- -- -- -- -- -- 11/04 18:00 XOM b 125-3 200.91 + 1.05 -- -- -- -- -- -- -- -- 11/04 19:00 Citgo b 1-10 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Citgo u 1-10 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Mystik b 1-12 201.16 + 1.05 -- -- -- -- -- -- -- -- 11/04 18:00 Sunoco b 125-3 202.15 + .79 -- -- -- -- -- -- -- -- 11/04 18:00 BP b 125-3 202.38 + 1.60 -- -- -- -- -- -- -- -- 11/04 18:00 LOW RACK 197.25 -- -- -- -- HIGH RACK 202.38 -- -- -- -- RACK AVG 199.57 -- -- -- -- FOB ORLANDO 188.85 -- -- -- -- BRD LOW RACK 200.10 -- -- -- -- BRD HIGH RACK 202.38 -- -- -- -- BRD RACK AVG 201.31 -- -- -- -- UBD LOW RACK 197.25 -- -- -- -- UBD HIGH RACK 201.16 -- -- -- -- UBD RACK AVG 198.08 -- -- -- -- CONT AVG-11/05 199.57 -- -- -- -- CONT LOW-11/05 197.25 -- -- -- -- CONT HIGH-11/05 202.38 -- -- -- -- o=out of product Copyright, Oil Price Information Service DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ATTACHMENT 3 — PRICING CONTINUED 20-0701 ALL PRICES ON THE BID SHEET SHALL BE FIGURED AS STATED IN THE DETAILED SPECIFICATIONS. COMPLETE THE FOLLOWING INFORMATION AS WELL: 2. SHIP TO ADDRESS: INVOICE TO; As required on each order by each entity As required on each order by each entity Name and telephone of person to contact for emergency service: Name: M s c' C)Oe l Cn r 1 T't"1'Trl Telephone/Cell/Pager Numbers: S 13 _ 151 "�1 10 3. Disaster assistance: Name: M i cV)Q e j 664141 Home n Telephone/Cell/Pager Number_ 10 -16' '-1�4 U —S 4. Exceptions/Additions to specifications (If yes, provide specific detail with initial response): Yes No '' 5. Will your firm accept Visa Purchasing Cards, Wire Transfers or E-Payable form of payment? Yes No Discount (if any) for the above payment types: % If E Payable would be acceptable please note a contact person/telephone number to set up payment ll� �L information: jq,_-j) 6. Calendar days required to commence contract: days 7. Back Order Haul Charge DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ATTACHMENT 3 — PRICING CONTINUED 20-0701 8. Minimum order (If Any) x _ 9. Handling fee if less than minimum order to [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 Lake County FL Bid:20-0701 Gasoline, Diesel, Fuel, Kerosene, LP Gas and Bio Diesel DELIVERY DURING EMERGENCY/HURRICANEIDISASTERS OR SIMILAR EVENTS VOTE 1: Bidders shall submit a clear and concise capability plan and process to provide fuel in accordance with this contract in emergency situations. The perceived adequacy of this plan will be considered as a matter of bidder responsibility during the am and evaluation process. See Section 136 ofthis solicitation for further detail in this regard. NOTE 2: If there are fuel restrictions, shortages and/or allocations placed on suppliers of fitel products by either terminal, suppliers and/or the govenunent (local and!or federal) for any reason. then Vendors are to deliver fuel to the County and other Entities at the same percentage as allocated. Port Consolidated Inc DocuSign Envelope ID: 59BF5A38-257D45BA-8CE9-608BC9FAC019 Port Consolidated Inc Emergency Conditions Policy Port Consolidated is very well prepared to service our customers in the event of any emergency condition. We currently are the emergency supplier for HCA Hospital Group, Florida Power and Light, Pasco County, Lake County, Lee County, TECO, and Publix just to name a few. Below are some of our capabilities: - We have 11 offices throughout the state of Florida where we store and delivery bulk fuels - We have secure supply contracts with the major fuel suppliers in the Port of Tampa, Port Everglades, and Jacksonville. - We have fuel agreements with almost every supplier in Florida in every terminal in Florida - We have our own storage of over 3,000,000 gallons which we keep everything full during hurricane season. - All of our trucks and drivers a company employees so we never have to depend on common carriers. - All of our facilities have generators on site and each manager has access to satellite phones during and emergency. In general no other wholesale fuel supplier in Florida matches up with our storage and delivery capabilities. DocuSign Envelope ID: 59BF5A38-257D45BA-8CE9-608BC9FAC019 EXHIBIT B —INSURANCE REQUIREMENTS 20-0701 Vendor shall provide proof of insurance capabilities, including but not limited to, the requirements of this Solicitation. Coverage does not have to be in effect prior to a Purchase Order or Contract being executed by the County. Awarded Vendor (Contractor) shall provide an original certificate of insurance reflecting coverage in accordance with the requirements of this Exhibit B within five (5) working days of such request. It must be received and accepted by the County prior to contract execution and before any work begins. Contractor shall provide and maintain insurance policies with a company(ies) authorized to do business in the State of Florida, and which are acceptable to the County, insuring the Contractor against any and all claims, demands, or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services, or obligations of the Contractor under the terms and provisions of the Contract without cost or expense to the County during the entire term of any Contract. Contractor is responsible for timely provision of certificates of insurance to the County at the Certificate Holder address evidencing conformance with the Contract requirements at all times throughout the term of the Contract. Such policies of insurance, and confirming certificates of insurance, must ensure the Contractor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included Automobile liability insurance, including all owned, non -owned, scheduled, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with. Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers' compensation insurance, the Contractor must provide a notarized statement to not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident Disease -Each Employee Disease -Policy Limit $1,000,000 $1,000,000 $1,000,000 Professional liability and specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. "For this solicitation, Pollution Liability insurance is required with a minimum limit of $1,000,000 and annual Page 1 of 3 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 EXHIBIT B — INSURANCE REQUIREMENTS 20-0701 aggregate of 52,000,000. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, must be named as additional insured as the County's interest may appear on all applicable liability insurance policies. The certificates of insurance must provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the County. Contractor must provide a copy of all policy endorsements reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. (Note: A simple COI WILL NOT be accepted in lieu of the policy endorsements). Certificates of insurance must identify the applicable solicitation number in the Description of Operations section of the Certificate. Certificate Holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 Certificates of insurance must evidence a waiver of subrogation in favor of the County, that coverage will be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. Contractor will be responsible for subcontractors and subcontractors' insurance. Subcontractors must provide certificates of insurance to the Contractor evidencing coverage and terms in accordance with the Contractor's requirements. All self -insured retentions must appear on the certificates and will be subject to approval by the County. At the option of the County, the insurer must reduce or eliminate such self -insured retentions, or the Contractor or subcontractor must procure a bond guaranteeing payment of losses and related claims expenses. The County will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention will be the sole responsibility of the Contractor or subcontractor providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the Contract for default. Neither approval by the County of any insurance supplied by the Contractor or subcontractors, nor a failure to disapprove that insurance, will relieve the Contractor or subcontractors of full responsibility for liability, damages, and accidents as set forth in this solicitation or any contract arising from this solicitation, Page 2 of 3 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 EXHIBIT B — INSURANCE REQUIREMENTS 20-0701 [THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] Page 3 of 3 DocuSign Envelope ID: 59BF5A38-257D-45BA-8CE9-608BC9FAC019 ACO PORTCON-03 JAN CERTIFICATE OF LIABILITY INSURANCE DATE(NM/DDIYYYYf 01/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRooucER License # OE67768 t,,,,,-,.cT James Janner nsurance Office of America, Inc. �ufte gzypress Creek Road ed): (964) 334-2395 23916 ac No ;(g64�318�138�3 6 James.Janne ioausa.com °ort Lauderdale, FL 33309 INSURED Port Consolidated, Inc. PO Box 360430 Fort Lauderdale, FL 33336 F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE DOL SUBR ppL�. NUMBER POLICY EFF POLICY EXP COMMERCIAL GENERAL tJABILnY r �� I CLAIMS.INAOE � OGCUR ' FACH OCC ENCE s nAMA[;F T(1 KLATCH 'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PR& LOC M AUTOMOBILE UABILIP/ X ANYAUTo WTB31183119 02/01/2019 02/01/2020 oO AUTOS ONLY SCHEDULED A'99N4 �1{pRREE�� AUTOS D XS ONLY X CAO ONLY B X UMBRELLA LIAR X OCCUR EXCESS Like CLAIMS -MADE GVEIOO196702 02101/2019 02/01/2020 DED X RETENTIONS 10,000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY 111��1!!!! NNNN JAQQN�FYPROPREI:E ER/PARTNEILEXECUTIVE -YIN (MandatoryinNHj EXCLUE D NIq OPERATIONS / LOCATIONS / VEHICLES (ACDRD 101. AdditionaRemarks schedule, maybe attached If mom space is required) of cancellation, except 1D Days notice of cancellation for non-payment of premium In accordance with policy provisions. ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ITHORI7.ED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. 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DAUDERIS, INTERIM CITY MANAGER THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR FS FROM: JINELLE LUGO, PROCUREMENT COORDINATOR[; SUBJECT: GASOLINE, DIESEL, KEROSENE, LP GAS AND BIO-DIESEL DATE: APRIL 28, 2021 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Port Consolidated, Inc to provide gasoline, diesel, kerosene, LP gas and bio-diesel. The agreement shall take effect on the date of execution by both parties and shall remain in effect for one (1) year, unless renewed or terminated as provided by the Lake County contractual agreement. Upon mutual agreement, the agreement may be renewed for four (4) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with Lake County for Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel, contract number 20-0701. The estimated annual expenditures is less than $50,000 and it is included in the Public Services Department budget. The Procurement Services Department issued RFI 2111-010 to notify local vendors of the City's intent to utilize other governmental entities' contract. At the completion of the RFI the Procurement Services Department received no interest. The Lake County contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The fiscal impact of $40,000 is included in the current year approved budget. 5. EXHIBITS: Lake County Bid Tabulation Gasoline, Diesel, Fuel, Kerosene, LP Gas, and Bio-Diesel Agreement DocuSigned by::I �/y U.SMA, C l '/� AJVJ ^ `S nn2r�smecFoenc Signature APPROVAL AUTHORITY Approved ® Disapproved ❑ Reason/Suggestion (if disapproved) Interim City Manager 4/28/2021 Title Date