HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-019Temp. Reso. # 12915
March 22, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017--/ q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF
DIESEL FUEL AND GASOLINE FROM PORT
CONSOLIDATED, INC. UTILIZING THE CITY OF POMPANO
BEACH RFP NUMBER E-13-17 ON BEHALF OF THE
SOUTHEAST FLORIDA GOVERNMENT PURCHASING
COOPERATIVE; AUTHORIZING PURCHASE OF DIESEL
FUEL AND GASOLINE IN THE QUANTITIES NEEDED BASED
ON THE OPIS FUEL INDEX COST AT THE TIME OF
DELIVERY; EFFECTIVE APRIL 1, 2017 THROUGH MARCH
31, 2018 OR AS EXTENDED BY THE CITY OF POMPANO
BEACH; AUTHORIZING PROPER CITY OFFICIALS TO
EXECUTE CONTRACT RENEWALS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, gasoline and diesel fuels are necessary in order to operate the City
fleet; and
WHEREAS, The Tamarac Procurement Code, §6-148, allows the Purchasing
Officer the authority to waive purchasing procedures and purchase goods and services
which are the subject of contracts with other governmental agencies; and
WHEREAS, the City of Pompano Beach issued RFP # E-13-17, on behalf of the
Southeast Florida Governmental Purchasing Cooperative, (Co-op), incorporated herein by
reference and on file in the office of the City Clerk; and
WHEREAS, on March 14, 2017, the City Commission of the City of Pompano Beach
approved Ordinance 2017-132, upon second reading, which awarded RFP # E-13-17 to
and authorized an Agreement with Port Consolidated, Inc. for the purchase of diesel fuel
and gasoline, a copy of the approved Ordinance 2017-132 and the Agreement between the
Temp. Reso. # 12915
March 22, 2017
Page 2
City of Pompano Beach and Port Consolidated, Inc. are attached hereto as Exhibit 1 and
Exhibit 2, respectively; and
WHEREAS, the City of Tamarac is a member of the Southeast Florida
Governmental Purchasing Cooperative Group, and
WHEREAS, funds are available for the purchase of diesel fuel and unleaded
gasoline; and
WHEREAS, it is the recommendation of the Director of Public Services, the Director
of Financial Services, and the Purchasing and Contracts Manager that the City of
Pompano Beach Co-op RFP # E-13-17 be utilized for the purchase of diesel fuel and
gasoline; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to purchase diesel fuel
utilizing this City of Pompano Beach Cooperative Purchasing Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof, and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
Temp. Reso. # 12915
March 22, 2017
Page 3
SECTION 2: The City Commission of the City of Tamarac HEREBY
authorizes the use of the Cooperative Purchasing Agreement RFP E-13-17 and the
appropriate City Officials are HEREBY authorized to purchase diesel fuel and gasoline
from Port Consolidated, Inc. under Co-op RFP # E-13-17, incorporated herein by reference
and on file in the office of the City Clerk.
SECTION 3: The purchase of diesel fuel and gasoline utilizing the City of
Pompano Beach Co-op RFP # E-13-17 is hereby authorized in quantities needed based on
the OPIS Fuel Index at the time of delivery.
SECTION 4: The appropriate City Officials are HEREBY authorized to extend
or renew the Agreement with Port Consolidated, Inc. for the purchase of diesel fuel and
gasoline utilizing the City of Pompano Beach Co-op RFP # E-13-17 commensurate with the
renewal or extension of the Agreement by the City of Pompano Beach on behalf of the
Southeast Florida Governmental Purchasing Cooperative.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. # 12915
March 22, 2017
Page 4
SECTION 6: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption
PASSED, ADOPTED AND APPROVED this day of''n` '- 2017.
HARRY DRESSLER
MAYOR
ATTEST:
4"Pei
PATRICIA TEUFE , C C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
17
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO F R/M
SAM EL S. GOREN
CITY ATTORNEY
7
Agenda Date: 02/14/2017
File ID: 17-235
Version: 1
Department: General Services
Subject:
City of Pompano Beach
Agenda Item Cover Page
Type: Approval Request
TR 12915 - Exhibit 1
100 West Atlantic Blvd.
Pompano Beach, FL 33060
Agenda Number: 2.
Status: Consent Agenda
Ready
In Control: City Commission
File Created: 02/06/2017
Final Action:
Title: Approve ranking order for RFP E-13-17 Unleaded Gasoline and Diesel Fuel for
Southeast Florida Governmental Purchasing Cooperative Group, and authorize
staff to negotiate and enter into a contract with the highest -ranked firm, Port
Consolidated, Inc. (No cost at this time)
(Fiscal Impact: N/A)
Contract Expiration Date:
Strategic Initiative:
Approval History
Enactment Date:
Enactment Number:
Location:
Version Seq # Action Date
Approver
Action
Due Date
1
1 2/7/2017
Otis Thomas
Approve
2/9/2017
1
2 2/7/2017
Rob McCaughan
Approve
2/9/2017
1
3 2/7/2017
Suzette Sibble
Approve
2/9/2017
1
4 2/7/2017
Brian Donovan
Approve
2/9/2017
1
5 2/7/2017
Phyllis Korab
Approve
2/9/2017
1
6 2/8/2017
Dennis Beach
Approve
2/9/2017
1
7 2/8/2017
Kervin Alfred
Approve
2/10/2017
History of Legislative File
Ver-
Acting Body:
Date: Action:
Sent To:
Due Date: Return Result:
sion:
Date:
1
City Commission
02/14/2017
Text of Legislative File 17-235
Summary Explanation/Background:
RFP E-13-17 was issued to establish a contract for the as -needed purchase of unleaded gasoline and
diesel fuel for the City as lead agency for the thirty-nine (39) participating members of the Southeast
Florida Governmental Purchasing Cooperative Group. City Commission approval of the ranking
Page 1
TR 12915 - Exhibit 1
Agenda Item Cover Page Continued (17-235)
order presented by the Selection/Evaluation Committee is requested, and authorization is requested
for appropriate City staff to negotiate and enter into a contract with the highest -ranked firm, Port
Consolidated, Inc. Further authorization is requested to negotiate and enter into a contract with the
succeeding ranked firm should an impasse occur in the negotiations with the recommended firm.
Origin of request for this action: Staff
Fiscal impact and source of funding: No cost at this time: 507-5720-597.52-10/Operations
Supplies/Fuel
(Staff Contact: Robert McCaughan)
Page 2
TR 12915 - Exhibit 1
MEMORANDUM
Purchasing #17-061
February 6, 2017
To: Dennis W. Beach, City Manager
Through: Otis J. Thomas, General Services Director
From: Jeff English, Purchasing Agent
Subject: Award RFP E-13-17 Unleaded Gasoline and Diesel Fuel for Southeast Florida
Governmental Purchasing Cooperative Group
Contract Need/Background
The City of Pompano Beach issued RFP E-13-17 to establish an annual contract for the as -
needed purchase of unleaded gasoline and diesel fuel. The City issued this RFP as the lead
agency, on behalf of our City and thirty-eight other governmental agencies in the Southeast
Florida Governmental Purchasing Cooperative. The estimated quantities stated in the
solicitation include anticipated requirements from all of the participating agencies, including the
City of Pompano Beach.
Notice List
The notice list for this project was created by using companies suggested by the requesting
department, companies that have responded to prior solicitations, companies that have
requested their names be placed on the notice list, and companies from appropriate listings in
other sources.
Number of proposals received.......................................................................6
Advertising
The RFP was advertised in the Sun Sentinel, and notices were sent to bid notice agencies
throughout the nation. The RFP package was also posted in the City's eBid system for
download by interested firms.
Selection/Evaluation Committee
Six responses were received to the solicitation. The Selection/Evaluation Committee met on
January 30 (in a public meeting) to review and evaluate the responses. The Committee
determined that the top three firms would be asked to make presentations to the Committee.
Presentations were made to the Committee at the public meeting held on February 6. After the
presentations the Committee ranked the short-listed firms. Copies of the minutes and voting
matrix from each meeting and scoring sheets, and the RFP document, are attached.
Recommendation
The recommendation from the Selection/Evaluation Committee to the City Commission is to
approve the ranking order, and authorize the City staff to negotiate and enter into a contract
with the highest -ranked firm Port Consolidated Inc., with additional authorization to negotiate
with the succeeding ranked firm should an impasse occur in the negotiations with the
recommended firm.
TR 12915 - Exhibit 1
Purchasing #17-061
Page 2
February 6, 2017
cc: File
Southeast Florida Governmental Purchasing Cooperative
TR 12915 - Exhibit 1
MEMORANDUM
16 DEC 21 PM 1 150
Purchasing ## 17-040
December 20, 2016
To: Dennis W. Beach, City Manager
Through•. Otis J. Thomas, General Services Director
From: Jeffrey English, Purchasing Agent
Subject: Cooperative solicitation requiring fewer City staff members
The City of Pompano Beach has replaced Coral Springs as the lead agency for the
Southeast Florida Governmental Purchasing Cooperative Group's solicitation for
Unleaded and Diesel Fuel. Purchasing therefore requests exception the rule rewiring "at
least three (3) city staff members" to be evaluators.
For Requests for Proposals (RFP) for City services, the following language is stated in the
purchasing manual;
The Evaluation Committee is comprised of at least three (3) city staff
members (designated as voting members) as selected by the
departmentldivis on head whose requirement was the basis for the RFP.
The Southeast Florida Governmental Purchasing Cooperative Group (Co-op) is
comprised of forty-five (45) agencies. For the City to maximize the economy of scale,
purchasing creeds the participation of as many Co-op agencies as possible; particularly the
larger volume agencies like the School Districts of Palm Beach and Broward County.
As the RFP 'forUnleaded and Diesel Fuel is a cooperative solicitation, and not just a City
of Pompano Beach purchase, the General Services Department requests an exception to
the requirement for establishedCity evaluation cornrnittee procedures.
Please indicate your concurreneelnon-concurrence and sign in the space provided beiow.
C C
UR: NON-CONCUR:&1,-9—
ld/
ity Date City Manager Date
Comments:
TR 12915 - Exhibit 1
MINUTES
SELECTION / EVALUATION COMMITTEE
RFP #E-13-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
Engineering Large Conference Room
10:00 a.m. 02/06/17
The following voting members of the committee were present:
Stephen Bush: Fleet Manger, Town of Davie
Forrest Hall: Fleet Operations Manager, City of Pompano Beach
Ross Meslin: Fleet Manager, Broward County
Angelo Salomone: Puchasing Administator, City of Coral Springs
Paul Strauss: Director of Environmental & Conservation Services, School District of
Palm Beach County
Also in attendance: Neil Kutchera: Assistant Port Director of Port Everglades, Jeff
English: Purchasing Agent, Antonio Pucci: Contract Manager, and Otis Thomas:
General Services Director
This meeting was held for presentations from the three firms that had been scored highest by
the Committee at the meeting held on January 30. This meeting was posted as a "Public
Meeting" both at City Hall and at the Purchasing Division office, and on the City's website.
The schedule of presentations was:
10:05 a.m. Port Consolidated, Inc.
10:40 a.m. Macmillan Oil Company LLC
11:15 a.m. Mansfield Oil Co. of Gainesville
Each firm was given fifteen minutes for their presentation, with a fifteen -minute question -and -
answer period immediately following. During their presentations, the firms discussed their
capabilities and experience. The Committee had specific follow-up questions for each firm.
After the final presentation the Committee discussed their perception of each presentation and
each firm's overall response to the cooperative solicitation. Committee members scored the
firm they considered most qualified to provide the required services to the City 1," and the next -
most -qualified "2," etc. The firm with the fewest total points would be ranked #1. The members
proceeded to score the short-listed firms with the following results:
1 Port Consolidated, Inc ..............................6 points
2 Macmillan Oil Company LLC....................9 points
3 Mansfield Oil Co. of Gainesville ............. 15 points
A copy of the voting matrix is attached.
An agenda item will be prepared to present the final ranking to the City Commission for their
approval to negotiate and enter into a contract, with Port Consolidated, Inc., the highest -ranked
firm.
The meeting adjourned at approximately 12:20 p.m.
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TR 12915 - Exhibit 1
FINAL ORDINAL RANKING
RFP E-13-17,
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE GROUP
FIRM.
Macmillan Oil LLC
Mansfield Oil Company of Gainesville
Port Consolidated, Inc.
Uit the reasons for this evaluation (justify the rating/scoring):
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Signature of Evaluator Date Printed Name
TR 12915 - Exhibit 1
FINAL ORDINAL RANKING
RFP E-1.3-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA
GOVERNMENTAL PQRCHASING,COOPERATIVE GROUP
RANKING
Macmillan Oil LLC
Mansfield Oil Company of Gainesville
Port Consolidated, Inc.
List the reasons for this evaluation Oustify the rating/scoring):
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�;Ignature', of Evaluator WtV Printed Name
TR 12915 - Exhibit 1
FINAL ORDINAL RANKING
FIRM
Macmillan Oil LLC
Mansfield Oil Company of Gainesville
Port Consolidated, Inc.
List the reasons for this evaluation (justify the rating/scoring):
RANKIN
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Signature of Evaluator Date Printed Name
TR 12915 - Exhibit 1
FINAL ORDINAL RANKING
RFP E-1:3-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE GROUP
FIRM
Macmillan Oil LLC`
Mansfield Oil Company of Gainesville
Park Consolidated, Inc.
List the reasons for this evaluation (justify the rating/scoring};
"T' ���vu flab
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RANKING
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Printed Flame
TR 12915 - Exhibit 1
RFP E- 13-17
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,-'Macmillan Oil LLC
Mansfield Oil Company of Gainesville
Port Consolidated, Inc.
List the reasons for this evaluation (justify the rating/scoring):
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Signature of Evaluator Date Printed Name
TR 12915 - Exhibit 1
RFPE-13-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA
GOVERNMENTAL PURCHASING COOPERATIVE GROUP
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Macmillan Oil LLC
Mansfield Oil Company of Gainesville
List the reasons for this evaluation (justify the rating/scoring):
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Signature of Evaluator Date Printed Name
TR 12915 - Exhibit 1
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RFP E-13-17
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Macmillan Oil LLC
,,-' Mansfield Oil Company of Gainesville
Port Consolidated, Inc.
List the reasons for this evaluation {justify the rating/scoring):
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Signature of Evaluator Date Printed Name
TR 12915 - Exhibit 1
MINUTES
SELECTION / EVALUATION COMMITTEE
RFP #E-13-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
Engineering Large Conference Room
10:00 a.m. 01/30/17
The following voting members of the committee were present:
Stephen Bush: Fleet Manger, Town of Davie
Forrest Hall: Fleet Operations Manager, City of Pompano Beach
Ross Meslin: Fleet Manager, Broward County
Angelo Salomone: Puchasing Administator, City of Coral Springs
Paul Strauss: Director of Environmental & Conservation Services, School District of
Palm Beach County
Also in attendance: Michelle Wilcox: Purchasing Agent for Broward County School
Board, Jeff English: Purchasing Agent, Antonio Pucci: Contract Manager, and Otis
Thomas: General Services Director
The meeting was held to evaluate the proposals received in response to the City's solicitation to
establish a contract for unleaded gasoline and diesel fuel in behalf of the Southeast Florida
Governmental Purchasing Cooperative Group. This meeting was posted as a "Public Meeting"
both at City Hall and at the Purchasing Division office, and on the City's website. Six firms
submitted responses to the City's Request for Proposals.
Angelo Salomone led the technical discussion. The Purchasing Agent reviewed evaluation
procedures and distributed Conflict of Interest Statements for completion by all voting members.
Each Committee member had reviewed all of the responses in advance of the meeting. The
Committee discussed each of the proposals in alphabetical order, and scored the responses
using voting forms containing the evaluation criteria published in the RFP, with the following
results:
1) Port Consolidated, Inc..................................393
2) Macmillan Oil Co. LLC................................. 381
3) Mansfield Oil Co. of Gainesville ...................273
4) Indigo Energy Partners LLC.........................249
5) Pro Energy LLC...........................................223
6) RKA Petroleum, Inc ..................................... 214
A copy of the voting matrix is attached.
The Committee reviewed the results, and decided to request presentations of the top three
firms. The Committee agreed each firm should be given identical issues to address in their
presentation, with the discussion points to be confirmed via email to the Purchasing Agent. Up
to fifteen minutes will be allowed for each presentation, with fifteen minutes scheduled for
questions from the Committee. The meeting will be scheduled for a future date to be
determined based upon availability of the Committee members.
The meeting adjourned at approximately 12:04 a.m.
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EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME. 11jol-(z6-
Criteria Point Ranne score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
lC
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
/'J 0 5- Ft 6 P I 6�j C'O A),C F A.) W1j—Z42,Aj
S-7,0 P4 /007- PP10kj7- I
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Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: A(
Criteria Point Ranne Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 0� 0
Total 0-100
List the reasons for this evaluation oustify the rating/scoring):
r r<,�
Sig re Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: A0105FIt--Z-b,
Criteria Point Range Score
1, Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
* Fuel supply delivery capability from Port Everglades
*Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10 2
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
5 o L; F1 z-7,F7,-
a57-yoRd6
e057' 14tC,4 F,9P- 74kg u,'466AD
oe
Sig `ffiaffire of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: re rzr C
Criteria Point Rance Score
1. Firm Qualifications and Capabilities 0-40 4)0
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades.
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0.20
(Factors including but not limited to the fallowing)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience:
• Number of Locations
4. Cost 0-30 /D
Total 0-100
List; the reasons for this evaluation (justify the rating/scoring):
C' fU
L F F'T 010,V t
6 r- 1
.,30 -
Sigr atu a of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: FRO 0i
Criteria Point Ranae Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100 75
List the reasons for this evaluation (justify the rating/scoring):
r-tLEr AqgL.-i�r- COMN-A)J --
riffin
C
/02) y 1A) -�>,,
M
1-50-1-1cis
Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: !T
Criteria Point Ranne Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this, evaluation (justify the rating/scoring):
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Ranne Score
11. Firm Qualifications and Capabilities 0-40 to
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
M
s?Fn'atur6 of Evaluator Dite Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDORNAME:
Criteria Point Ranee Scare
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
* Fuel supply delivery capability from Port Everglades
*Contracting Terms and Conditions proposed
2, Emergency Supply Capabilities 0-20 10
(Factors including but not limited to the following)
* Control of storage facilities in Tri-County area
*Contingency plan of action
* Availability of regional emergency storage
3. References 0-10 10
(Factors including but not limited to the following)
* Years experience
* Number of Locations.
4. Cost 0-30
Total 0-100 _
List the reasons for this evaluation {justify the rating/scoring):
J 1�,Lw 111,112, �/ #,Ia
ure of Evaluator to Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: a&s
Criteria Point Ranue Score
1. Firm Qualifications and Capabilities 0-40 2-0
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 15
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
147
'oe
61gnature of Evaluator to Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE a DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: X -soJu
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20 zo
(Factors including but not limited to the following)
• Control of storage facilities in Tn-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10 10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0- 0 1
Total 0-100
List the reasons for this evaluation (justify the rating/scoring);
,!"-4 h0h ax s .�
Ignature of Evaluator 06te Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: ? tt �V
Criteria Point Ranne Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the fallowing)
• Fuel supply delivery capability from Part Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0.20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Gast 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
Signature of Evaluator Yate Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-1 3-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: k li p4eoleivl
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
*Control of storage facilities in Tri-County area
& Contingency plan of action
*Availability of regional emergency storage
3. References 0-10 2—
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this evaluation {justify the rating/scoring):
140 f
2
Sig'ba-ture of Evaluator rDa(e Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-1 3-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: Y,
Criteria Point Ranee Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this evaluation {justify the rating/scoring):
,--,I
Signat6re of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: C_011/ 11ae,01
Criteria Point Ranue Score
I. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 20
Total 0-100 7-7
List the reasons for this evaluation (justify the rating/scoring):
FA
- gl -
Signature of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
REP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: 6
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
* Fuel supply delivery capability from Port Everglades
*Contracting Terms and Conditions proposed
2. Ernergency Supply Capabitities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
j n
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
Signature of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
4WVENDORNAME: —,,0o,750X, /—
Criteria
I. Firm Qualifications and Capabilities
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities
(Factors including but not limited to the following)
e Control of storage facilities in Tri-County area
*Contingency plan of action
*Availability of regional emergency storage
3. References
(Factors including but not limited to the following)
• Yearsexperience
• Number of Locations
im
List the reasons for this evaluation {justify the rating/scoring):
K
Point Ranne Im
0-40 3
0-20
ellt
0-10 7
0-30
No
Signahrre of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: 7 0
Criteria Point Ranne 9—cm
1. Firm Qualifications and Capabilities 0-40 zo
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
1Z
4. Cost 0-30
Total 0-100 qS
List the reasons for this evaluation Oustify the rating/scoring):
-ow 4
ZLJ 1,
ignatuFe of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40 / G
(Factors including but not limited to the following)
• Fuel supply delivery capability from Part Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-1>0
(Factors including but not limited to the following)
• Years experience
• Number of Locations
e-
4. Cost 0-30
Total 0-100
List the reasons for this evaluation {justify the rating/scoring):
q
A IPA,
ICI .se
5ignatu of Evaluator Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: z
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
* Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0.10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 ou-
Total 0-100 � 2-
List the reasons for this evaluation (justify the rating/scoring):
flip.
MWT
Emma.? mew
90�
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: Pifalc^ 0 / L-
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40 .55
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20 17
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 as
Total 0-100 24_
List the reasons for this evaluation (justify the rating/scoring):
SEWL
M
Ai, (it 0 A/
Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDORNAMF: Of% --
Criteria
1. Firm Qualifications and Capabilities
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost
Im
List the reasons for this evaluation (justify the rating/scoring):
AIM,
IEEE=
Point Ranne Store
0-40
0-20 I
0-10 (0
0-30 ') j
0.100 to 't
1 1-0 CAL Vfl�1C1AS OW00
f11141 /+tQ6tw
Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: i`Ozv Coas'OL-) DA;rvm
Criteria Point Rance 90M
I. Firm Qualifications and Capabilities 0-40 41)
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20 20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30 2o
Total 0-100 90
List the reasons for this evaluation (justify the rating/scoring):
All"
02=
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDORNAME:, ?m &tzk
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40 2 o.
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0.20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0.10
(Factors including but not limited to the fallowing)
• Years experience
• Number of Locations
20
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring)':
d
M
AN w 5 AuA'v we,
6'luaior Date Printed Name
EVALUATION CRITERIA TR 12915 - Exhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Range I 'Score
1. Firm Qualifications and Capabilities 0-40 2,0
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
*Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
* Number of Locations
4. Cost 0-30 10
Total 0-100 /Y 7
List the reasons for this evaluation {justify the rating/scoring):
A
EVALUATION CRITERIA xhibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Ranoe
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3, references 0-10
(Factors including but not limited to the following)
• fears experience
• Number of Locations
4. Cost
c?,!IL- � 3° `' 'Aa-
Total
List the reasons for this evaluation (justify the rating/scoring):
�M
Signature ator Date Printed Name
00 ([:�
Sere
L.
0
EVALUATION CRITERIA T R 1291 E�bli >t 1
RFP E-1 3-17 - UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME: �41 C 0-4� z5t--
1. Firm Qualifications and Capabilities
(Factors including but not limited to the following)
a Fuel supply delivery capability from Port Everglades
* Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cast
M
List the reasons for this evaluation (justify the rating/scoring):
t;
Point Range Score
0-40
I-,--
0-20
a
0-30 ?- C1> -
yj Alta-
�c�a
Si
v
ure tWaluator Date Printed Name
>
mm
EVALUATION CRITERIA T 6129� r[�5x/h"ibit 1
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAW
Criteria
Point Rana
Score
1. Firm Qualifications and Capabilities
0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities
0-20
(Factors including but not limited to the following)
*Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References
0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost
0-30
e--�
Total 0-100 V�
List the reasons for this evaluation justify the rating/scoring):
;ignature of Evaluator
Date
Printed Name
EVALUATION CRITERIA TR 2915 - it 1
i
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA &�NAMEtN61-
PURCHASING COOPERATIVE GROUP
VENDOR NAME: O < C 1r —Z.:=, 9:i�—
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
,-7
Total 0-100 4
List the reasons for this evaluation (justify the rating/scoring):
t
00-�-
-.W C-
(,A.
Signafure of Evaluator Date Printed Name
EVALUATION CRITERIA
k,
TR 129'1��it 1
RFP�E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Ranee Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
e Fuel supply delivery capability from Port Everglades
*Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
*Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring):
-0AOC--
Sid'hature of Evaluator
Date
4\
Printed Name
EVALUATION CRITERIA TR 1291(:k
RFP E-13-17 — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
VENDOR NAME:
Criteria Point Range Score
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
• Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
0A
4. Cost 0-30
Total 0-100
List the reasons for this evaluation (justify the rating/scoring): ,,- (,� L""o " 4-IJ14. .
Wk L-b--C-') 41
6AZ
L
2-4
i;ignAture of Evaluator Date Printed Name
TR 12915 - Exhibit 2
CONTRACT
THIS AGREEMENT is made and entered into this day of
, 2017, by the CITY OF POMPANO BEACH, hereinafter referred to
as "City" and PORT CONSOLIDATED, INC., a Florida corporation, hereinafter referred to as
"Contractor."
WHEREAS, City requires services which Contractor is capable of providing, under the
terms and conditions hereinafter described or referenced; and
WHEREAS, Contractor is able and prepared to provide such services as City does
hereinafter require, under those terms and conditions set forth; and
WHEREAS, the City of Pompano Beach is acting as lead agency for the Southeast Florida
Governmental Purchasing Cooperative Group, and the City enters into a contract with Port
Consolidated, Inc. for the purchase of unleaded gasoline and diesel fuel, in accordance with the
pricing, terms and conditions of RFP E-13-17; and
WHEREAS, Contractor agrees to provide all members of the Southeast Florida
Governmental Purchasing Cooperative Group with the same pricing as the City of Pompano Beach.
NOW, THEREFORE, in consideration of those mutual promises and the terms and
conditions set forth hereafter, the parties agree as follows:
1. Contract Documents. The Contract Documents consist of this Agreement; Exhibit
"A" — RFP E-13-17; Exhibit `B" — Proposal of Port Consolidated, Inc.; Exhibit "C" — Rate
Schedule; and all written change orders and modifications issued after execution of this Agreement.
These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or
repeated herein.
2. Purpose. City hereby contracts with Contractor to provide for the purchase of
unleaded gasoline and diesel fuel upon the terms and conditions herein set forth and the Contract
Documents.
3. Scope of Work. Contractor will provide the services to be rendered as set forth in
Exhibit "A" (RFP E-13-17), attached hereto and by reference incorporated herein and made a part
hereof. Contractor agrees to provide all members of the Southeast Florida Governmental
Purchasing Cooperative Group, as listed in Attachment `B" of RFP E-13-17, ("Participating
Agencies"), and as may be added during the period of this Agreement, with the same pricing as the
City of Pompano Beach.
4. Term of Contract. This Contract shall be for a term of three (3) years or less
beginning with the date this Contract is fully executed by both parties.
TR 12915 - Exhibit 2
5. Renewal. In the event City determines the Contractor to be in full compliance with
this contract and Contractor's performance to be satisfactory, then City, with City Commission
approval, shall have the option to renew this contract for an additional period of two (2) years upon
the written consent of both the City and the Contractor, and provided that City will provide
notification within sixty (60) days of termination date of its intention.
6. Maximum Obligation. City agrees to pay Contractor in consideration for its products
and services described herein. It is the intention of the parties hereby to insure that unless otherwise
directed by the City in writing, Contractor will continue to provide services as specified in Exhibit
"A" for the term of the contract. City shall be responsible only for payment for products and
services provided to City and not for purchases from Contractor by Participating Agencies.
7. Price Formula. City agrees to pay Contractor for performance of the services set
forth in this Agreement as set forth in the Rate Schedule attached hereto as Exhibit "C" and
incorporated herein.
8. Invoices. Contractor shall submit the invoices to City and Participating Agencies for
their agency's purchases only, and payments made in the manner provided in Paragraph U.I I of
RFP E-13-17. All payments by the City and Participating Agencies, shall be made after the service
has been provided.
9. Disputes.
A. Any factual disputes between City and the Contractor in regard to this
Agreement shall be directed to the City Manager for the City, and such decision shall be final.
B. Any action brought against either party to enforce this Agreement will be
brought in Broward County, Florida.
10. Communications. All notices hereunder and communications with respect to this
Agreement shall be effective upon the mailing thereof to the persons named below.
If to Contractor: Port Consolidated, Inc.
Donald R. Carlton, Jr., President
P. O. Box 350430
Fort Lauderdale, Florida 33335
If to City: City of Pompano Beach
City Manager
P. O. Box 1300
Pompano Beach, Florida 33060
11. Information and Documents. All information, data, reports, as are existing, if any,
and necessary for carrying out the work as outlined in Exhibit "A" hereof, shall be furnished to
Contractor without charge by City, and City shall cooperate in the carrying out of the work without
undue delay.
Service Contract Page 2 of 7
TR 12915 - Exhibit 2
12. Termination. This Agreement may be terminated pursuant to Paragraph Q of RFP E-
13-17.
13. Force Majeure. Contractor shall not be held responsible for losses, delays, failure to
perform or excess costs caused by events beyond the control of the Contractor. Such events may
include, but are not restricted to the following: Acts of God; fire, epidemics, earthquake, flood or
other natural disaster; acts of the government; riots, strikes, war or civil disorder; unavailability of
fuel.
14. Insurance. Throughout the term of this Agreement, Contractor shall procure and
maintain liability insurance in the type and amounts set forth in RFP E-13-17 attached hereto. Such
insurance shall specify that it is issued on an "occurrence" basis. Contractor shall name City as
additional insured on said policies and shall provide evidence of such insurance. Such policies shall
provide that they may not be canceled without at least thirty (30) days' notice to City.
15. Indemnity. The Contractor shall defend, indemnify and hold the City, all
Participating Agencies in the Purchasing Cooperative Group, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. The parties agree that one percent (1%) of the
total compensation paid to Contractor for the work of the contract shall constitute specific
consideration to Contractor for the indemnification to be provided under the contract. Nothing in
this Agreement shall be construed to affect in any way the rights, privileges and immunities of the
City and agencies, as set forth in Section 768.28, Florida Statutes.
16. Assignment. Contractor shall not assign all or any portion of this Agreement without
the prior written consent of the City, and it is agreed that said consent must be sought in writing by
Contractor not less than fifteen (15) days prior to the date of any proposed assignment.
17. Performance Under Law. The Contractor, in the performance of duties under the
Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances
including, but not limited to, standards of licensing, conduct of business and those relating to
criminal activity.
18. Audit and Inspection Records. The Contractor shall permit the authorized
representatives of the City to inspect and audit all data and records of the Contractor, if any, relating
to performance under the contract until the expiration of three years after final payment under this
contract.
The Contractor further agrees to include in all his subcontracts hereunder a provision
to the effect that the subcontractor agrees that City or any of their duly authorized representatives
shall, until the expiration of three years after final payment under the subcontractor, have access to
and the right to examine any directly pertinent books, documents, papers and records of such
subcontractor, involving transactions related to the subcontractor.
19. Adherence to Law. Both parties shall adhere to all applicable laws governing their
relationship with their employees including, but not limited to, laws, rules, regulations and policies
Service Contract Page 3 of 7
TR 12915 - Exhibit 2
concerning worker's compensation, unemployment compensation and minimum wage
requirements.
20. Independent Contractor. The Contractor shall be deemed an independent Contractor
for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and
the employees thereof, shall not in any manner be deemed to be employees of City. As such, the
employees of the Contractor, its Contractors or subcontractors, shall not be subject to any
withholding for tax, social security or other purposes by City, nor shall such Contractor,
subcontractor or employee be entitled to sick leave, pension benefits, vacation, medical benefits, life
insurance, workers or unemployment compensation or the like from City.
21. Ordering and Payment. It is understood and agreed that the City of Pompano Beach
is not a legally bound party to any contractual agreement made between any other agency and the
Contractor as a result of this Agreement or purchases made between other agencies. After award of
contract to Contractor, the City reserves the right to issue purchase orders in accordance with the
terms of this contract.
22. Mutual cooperation. The Contractor recognizes that the performance of this contract
is essential to the provision of vital public services and the accomplishment of the stated goals and
mission of City. Therefore, the Contractor shall be responsible to maintain a cooperative and good
faith attitude in all relations with City and shall actively foster a public image of mutual benefit to
both parties. The Contractor shall not make any statements or take any actions detrimental to this
effort.
23. Public Records.
A. The City of Pompano Beach is a public agency subject to Chapter 119,
Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended.
Specifically, the Contractor shall:
Keep and maintain public records required by the City in order to
perform the service.
2. Upon request from the City's custodian of public records, provide the
City with a copy of requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
4. Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of the Contractor, or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps
Service Contract Page 4 of 7
TR 12915 - Exhibit 2
and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the City, upon request from the City's custodian of public records in a format that is
compatible with the information technology systems of the City.
B. Failure of the Contractor to provide the above described public records to the City
within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as
amended.
PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 1199 FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
100 W. Atlantic Blvd., Suite 253
Pompano Beach, Florida 33060
(954) 786-4611
RecordsCustodian(a,copbfl.com
24. Governing Law. This Agreement has been and shall be construed as having been
made and delivered within the State of Florida, and it is agreed by each party hereto that this
Agreement shall be governed by the laws of the State of Florida, both as to interpretation and
performance. Any action at law, or in equity, shall be instituted and maintained only in courts of
competent jurisdiction in Broward County, Florida.
25. Waiver. Any waiver of any breach of the covenants herein contained to be
performed by Contractor shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the City from declaring a forfeiture for any succeeding breach either of the
same condition or covenant or otherwise.
26. Entire Agreement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein, and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
27. Headings. The headings or titles to sections of this Agreement are not part of the
Agreement and shall have no effect upon the construction or interpretation of any part of this
Agreement.
Service Contract Page 5 of 7
TR 12915 - Exhibit 2
28. Severability. Should any provision of this Agreement or the applications of such
provisions be rendered or declared invalid by a court action or by reason of any existing or
subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain
in full force and effect.
The City hereby promises and agrees with the Contractor to employ and does employ the
Contractor to provide the materials, if any, and to do and cause to do and be done the above -
described work and to complete and finish the same according to the attached plans and
specifications and the terms and conditions herein contained and hereby contracts to pay for the
same according to the attached specifications and the schedule of unit or itemized prices hereto
attached, at the time and in the manner and upon the conditions provided for in this contract.
The Contractor for himself and for his heirs, executors, administrators, successors and
assigns, does hereby agree to the full performance of all the covenants herein contained upon the
part of the Contractor.
It is further provided that no liability shall be attached to the City by reason of entering into
this contract, except as expressly provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the .day and year hereinabove written.
Witnesses: CITY OF POMPANO BEACH
C
Attest:
LAMAR FISHER, MAYOR
GREGORY P. HARRISON, CITY MANAGER
ASCELETA HAMMOND, CITY CLERK (SEAL)
APPROVED AS TO FORM:
MARK E. BERMAN, CITY ATTORNEY
Service Contract Page 6 of 7
TR 12915 - Exhibit 2
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before one this day of
2017, by LAMAR FISHER as Mayor, GREGORY P. HARRISON as -City Manager> and ASCELETA IMMMOND
as City Clerk Of the City of Pompano Beach, Florida., a municipal corporation, on behalf of the municipal corporation,
who is personally known to me,
NOTARY'S SEAL:
Witnesses:
(PMA or Type Names)
tAl
(Print or Type Name)
STATE OF"FLORIDA
COUNTY OF BROWARD
NU I ARY PUBLIC, STATE OF, FLORIDA
(Marne of Acknowledger Typed, Printed or Stamped)
"CONTRACTOR"
PORT CONSOLIDATED, INC.
a Flonda co oration
By:
Prin04atne*
Title: —
Business License No.
- ;4- 2
The foregoing in trum nt was acknowl d ? dbefore methis 04A davof"7 )&y,+Ay ,2017,
o by bo 6-ld
_g=1-1-0A) -� — — as ---2qJdi?5 Ziat 4-47-1- of
PORT CONSOLIDATED, INC., a Florida corporation on behalf of the corporation. He/she is person
or who has produced aliv known to me
(type of identification) as identification.
NOTARY'S SEAL:
BRENDA J, AYERS
nRS
Notary Public - State of Florida
U COMMISS1011# FF921'372
MY COMM. Expires Oct 9, 2019
BMWihrotgh WOW Notary Ann,
/j rm
2/21/17
I:Hgr/geni srvs/-)O 17-382
Service Contract
(Name of Acknowledger Typed, Printed Jr Stamped)
FF 4?0*?137a
Commission Number
Page 7 of 7
TR 12915 - Exhibit 2
OF
IN-Niall
Florida's Warmest Welcome
CITY OF POMPANO BEACH
REQUEST FOR PROPOSALS
E-13-17
UNLEADED GASOLINE & DIESEL FUEL
FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
RFP OPENING: January 20, 2017 2:00 P.M.
PURCHASING OFFICE
1190 N.E. 3RD AVENUE, BUILDING C (Front)
POMPANO BEACH, FLORIDA 33060
TR 12915 - Exhibit 2
SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE
TO OUR PROSPECTIVE CONTRACTORS:
The attached Invitation for Bid or Request for Proposal represents a cooperative procurement
for the Southeast Florida Governmental Purchasing Cooperative.
For the past several years, approximately forty-five (45) government entities have participated in
Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing
Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities
by utilizing the buying power of combined requirements for common, basic items.
The Government Agencies participating in this particular procurement and their respective
delivery locations are listed in the attached document.
Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures:
• All questions concerning this procurement should be addressed to the issuing agency,
hereinafter referred to as the "lead agency". All responses are to be returned in accordance
with the instructions contained in the attached document. Any difficulty with participating
agencies referenced in this award must be brought to the attention of the lead agency.
• Each participating governmental entity will be responsible for awarding the contract, issuing
its own purchase orders, and for order placement. Each entity will require separate billings,
be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax
exemption certificates as required by the Contractor.
• The Contract/purchase order terms of each entity will prevail for the individual participating
entity. Invoicing instructions, delivery locations and insurance requirements will be in
accordance with the respective agency requirements.
• Any reference in the documents to a single entity or location will, in fact, be understood as
referring to all participating entities referenced in the documents and cover letter unless
specifically noted otherwise.
• The awarded Contractor(s) shall be responsible for advising the lead agency of those
participants who fail to place orders as a result of this award during the contract period.
• The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually
during the contract period. Sales Summary shall include contract number(s), contractor's
name, the total of each commodity sold during the reporting period and the total dollar
amount of purchases by commodity.
• Municipalities and other governmental entities which are not members of the Southeast
Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any
contract or purchase order resulting from this bid award However, other Southeast Florida
Governmental Purchasing Cooperative members may participate in their contract for new
usage, during the contract term, or in any contract extension term, if approved by the lead
K
TR 12915 - Exhibit 2
agency. New Southeast Florida Governmental Purchasing Cooperative members may
participate in any contract on acceptance and approval by the lead agency.
None of the participating governmental entities shall be deemed or construed to be a party
to any contract executed by and between any other governmental entity and the
Contractor(s) as a result of this procurement action.
"WORKING TOGETHER TO REDUCE COSTS"
TR 12915 - Exhibit 2
December 20, 2016
CITY OF POMPANO BEACH, FLORIDA
REQUEST FOR PROPOSALS
E-13-17
UNLEADED GASOLINE & DIESEL FUEL
FOR SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
The City of Pompano Beach, hereinafter referred to as CITY, is seeking proposals from qualified
firms to provide unleaded gasoline and diesel fuel to participating members of the Southeast
Florida Governmental Purchasing Cooperative Group.
The City will receive sealed proposals until 2:00 p.m. (local), January 20, 2017. Proposals
must be submitted electronically through the eBid System on or before the due date/time stated
above. Any proposal received after the due date and time specified, will not be considered. Any
uncertainty regarding the time a proposal is received will be resolved against the Proposer.
Proposer must be registered on the City's eBid System in order to view the solicitation
documents and respond to this solicitation. The complete solicitation document can be
downloaded for free from the eBid System as a pdf at:
https://Domt)anobeachfl.ionwave.net/CurrentSourcingEvents.asPx. The City is not responsible
for the accuracy or completeness of any documentation the Proposer receives from any source
other than from the eBid System. Proposer is solely responsible for downloading all required
documents. Responses will be electronically unsealed in a public forum and read aloud.
Introduction
The intent of this solicitation is to establish an annual, open-end contract for the purchase of
unleaded gasoline and diesel fuel, as and when needed. The City is acting as the lead agency
for the Southeast Florida Governmental Purchasing Cooperative, and this solicitation includes
the requirements of both the City and the participating agencies named herein. Any reference
to a single agency or location will in fact, be understood as referring to all participating agencies
referenced in the documents unless specifically noted otherwise.
A. Objectives
1. Contract for diesel and unleaded gasoline products with suppliers that have
access to volumes of substantial petroleum products at Port Everglades either
via contractual allocations or direct ownership, and have proven stable business
operations, including provisions for delivery capabilities, business continuity and
supply to the participating agencies in emergency situations.
2. Obtain the fuels at competitive market rates.
B. Scope Of Services
Attachment "A" — Specifications and Requirements
4
TR 12915 - Exhibit 2
Attachment "B" — Locations of Participating Agencies fuel locations and contact
personnel.
C. Participating Agencies
Agency Name
Address
Contact Person
Phone #
1
Broward County
1 University Drive
plantation, FL 33301
Alfred Clauson
954 357-6477
2
Boca Raton, City of
201 W. Palmetto Park Rd.
L Piper
Lynne
y p
561 393-7878
Boca Raton, FL 33432
3
Coconut Creek, City of
4900 W Copans Rd
Coconut Creek, FL 33063
Lorie Messer
954 956-1584
4
Cooper City, City of
9090 SW 50 Place
Kerri-Anne Fisher
954 434-4300
x268
Cooper City, FL 33328
5
Coral Springs, City of
4181 NW 121 Ave
Coral Springs, FL 33065
Alan Distefano
954 345-2235
6
Dania Beach, City of
100 W Dania Beach Blvd
Ronnie Navarro
954 924-6808
Dania Beach, FL 33004
7
Davie, Town of
6591 Orange Dr
Brian O'Connor
954 797-1016
Davie, FL 33314
8
Deerfield Beach, City
401 SW 4d' St.
Ivelsa Guzman
954 480-4486
of
Deerfield Beach, FL 33441
9
Ft. Lauderdale, City of
100 N Andrews Ave.
Sand Leonard
y
954 828-5781
Ft. Lauderdale, FL 33301
10
Green Acres, FL
5800 Melaleuca Lane
Green Acres, FL 33463
Monica Powe rY
561 642-2089
11
Hallandale Beach, City
400 S Federal Highway
Andrea Lues
954 457-1332
of
Hallandale Beach, FL 33009
12
Hillsborough Beach,
1210 Hillsboro Mile
Jim Pugliese
954-427-6600
Town of
Hillsborough Beach, FL 33062
13
Hollywood, City of
2600 Hollywood Blvd.
Paul Bassar
954 921-3552
Hollywood, FL 33020
14
Lauderdale Lakes, City
3463 NW 43 Ave.
Robin Soodeen
954 535-2758
of
Lauderdale Lakes, FL 33319
15
Lauderhill, City of
1919 NW 551 Ave.
Lauderhill, FL 33319
Mann Cerezo
y
954 790-2966
16
Lighthouse Point, City
4730 NE 21st Terrace
Charles Schramm
954 946-7386
of
Lighthouse Point, FL 33064
17
Margate, City of
5790 Margate Blvd
Spencer Shambra
p y
954 935-5341
Margate, FL 33063
18
Miami, City of
444 SW 2"d Ave, 61` Flr.
Eduardo Falcon
305 416-1901
Miami, FL 33130
19
Miami Gardens, City of
18605 NW 27 Ave.
Tom Ruiz
305 622-8000
Miami Gardens FL 33055
TR 12915 - Exhibit 2
20
Miramar, City of
13900 Pembroke Rd.
Miramar, FL 33027
Alicia Ayum
954 602-3121
21
N Miami, City of
776 NE 125 St.
N Miami, FL 33161
Alberto Destrade
305 895-9886
22
N Miami Beach, City
2101 NE 159th Street,
Joel Wasserman
305 948-2946
of
N Miami Beach, FL 33162
23
North Palm Beach,
645 Prosperity Farms Road
Susanne
561 841-3375
Village of
N. Palm Beach, FL 33408
Hachigian
24
Palm Beach, Town of
951 Old Okeechobee Rd.
Adis Pedraza
561 227-7000
West Palm Beach, FL 33401
25
Palm Springs, Village
226 Cypress Lane
Ken Dye
561 965-5770
of
Palm Springs, FL 33461
26
Pembroke Park Town
3150 SW 52nd Ave.
Todd Larson
954 966-4600
of
Pembroke Park, FL 33023
Ext. 238
27
Pembroke Pines, City
13975 Pembroke Rd
Mark Gomes
954 518-9020
of
Pembroke Pines, FL 33027
28
Plantation, City of
400 NW 73rd Avenue
Charles Spencer
954 797-2647
Plantation, FL 33317
29
Pompano Beach, City
1190 NE 3' Ave, Bldg C
Jeff English
954 786-4098
of
Pompano Beach, FL 33060
30
Riviera Beach, City of
2051 MLK Blvd. Ste. 310
Rebecca Reed
561 882-1809
Riviera Beach, FL 33404
31
School Board Broward
7720 W Oakland Park Blvd.
Al Shelton
754 321-0520
Cty
#323, Sunrise, FL 33351
32
School District Palm
3300 Forest Hills Blvd.
Morris Simpson
561 434-8172
Beach County
West Palm Beach, FL 33406
33
Sheriffs Office,
2601 West Broward Blvd
Rick Torres
954 831-8170
Broward County
Ft Lauderdale, FL 33312
34
Southwest Ranches,
13400 Griffin Road
Sandy Luongo
954 343-7476
Town of
Southwest Ranches, FL 33330
35
Sunrise, City of
10770 Oakland Pk Blvd, 3rd Flr
Wendy Lorenzo
954 572-2485
Sunrise, FL 33351
7525 N.W. 88th Ave.
36
Tamarac, City of
Tamarac, FL 33321
Keith Glatz
954 597-3567
37
West Palm Beach,
401 Clematis Street
Nate Rubel
561 822-2109
City of
W Palm Beach, FL 33401
38
Weston, City of
2599 S Post Road
Karl Thompson
954 385-2600
Weston, FL 33327
39
Wilton Manors, City of
524 NE 21 Ct.
Wilton Manors, FL
David Archacki
954 390-2190
TR 12915 - Exhibit 2
D. Term of Contract
The initial contract period shall be one year, commencing upon award by the appropriate
City officials.
The City reserves the right to renew this agreement for four (4) additional one-year
periods subject to vendor acceptance, satisfactory performance, and determination that
renewal will be in the best interest of the City. All terms, prices and conditions shall
remain firm for the initial period of the contract, and any renewal period. Renewals may
be approved and executed by the City Manager or their designee.
The City may require additions or deletions of participating agencies. This may entail
additional agencies and locations, and/or deletion of previous participating agencies.
The Contractor shall serve all required additions or deletions, as requested by the City,
according to the terms and conditions of the solicitation.
In the event delivery/service is scheduled to end because of the expiration of this
contract, the Contractor shall continue to deliver/service upon the request of the General
Services Director. The extension period shall not extend for more than ninety (90) days
beyond the expiration date of the existing contract. The Contractor shall be
compensated for the product/service at the rate in effect when this extension clause is
invoked by the City.
E. Required Proposal Submittal
Submission/Format Requirements
Sealed proposals shall be submitted electronically through the eBid System on or before
the due date/time stated above. Proposer shall upload response as one (1) file to the
eBid System. The file size for uploads is limited to 100 MB. If the file size exceeds 100
MB the response must be split and uploaded as two (2) separate files.
Information to be included in the proposal: In order to maintain comparability and
expedite the review process, it is required that proposals be organized in the manner
specified below, with the sections clearly labeled:
Cover letter: A cover letter signed by an authorized representative of the firm.
The letter should present an overview of the Proposer's organization and will
include the firm name, address, principal contact person for this proposal, e-mail
address, phone number, and fax number. A brief description of the firm's history
and corporate affiliations.
2. Qualifications, capabilities, and experience: Qualifications and specialized
experience of proposer for providing the type of products described in the
Specifications and Requirements (Attachment "A") of this RFP.
a. State proposer's capability to provide these types of products on a local
(Port Everglades) and regional/national level.
TR 12915 - Exhibit 2
b. List of representative current customers comparable in size and scope to
this RFP for which the Proposer is providing petroleum products. The list
should include the name and address of each client's contact person,
telephone and fax numbers, e-mail address and a general description of
the existing business relationship.
3. Personnel: Identify the proposed contact persons and telephone numbers for
ordering services, for invoicing questions, and other key (customer service)
personnel that will be assigned to this account.
4. Address how Proposer will ensure its contractual obligation to the Co -Op.
Include any contractual obligations to supply fuel to other entities that could affect
the CO-OP'S supply of fuel. If Proposer is a fuel distributor (not a fuel terminal
operator) also provide proof of monthly fuel sale volumes, including copies of any
Letter of Intent or contractual agreements with terminal operators.
5. Obligations of the participating agencies: Describe the requirements
(operational, legal, agreements, insurance, etc.) for the sale and delivery of
petroleum products. Copies of any and all required terms and conditions,
agreements, notices, or procedural descriptions should be attached to the
proposal response. Proposers should describe in detail any product volume
purchase requirements which would be required of each participatinq agency
on a monthly basis.
6. Contingency plan of action. Firms should describe a plan of action to
assure product availability (including requirements for additional products
before and after an emergency situation), and avoid disruption of supply
during any emergency situation (e.g. hurricanes). Describe your storage
and distribution logistics plan to include but not be limited to: ownership
or control of storage facilities in the Tri-County area, agreements or
partnerships with fuel transportation providers to supplement existing
delivery capabilities, redundant communication capabilities, and
emergency power generation. Availability of fuels at other terminals on a
regional basis should also be described in this plan of action submittal.
7. Price Proposal: Submit your firm, fixed price proposal for providing all services,
materials, etc. required for sale of petroleum products as outlined on Attachment
A -item 2 "pricing methodology" with the proposal response.
8. Alternate Proposals:
a. An option is afforded to all proposers to submit, in addition to their original
proposal, an alternate proposal, which excludes the provision of
transportation services for the petroleum products, included in this RFP.
Transportation services would be the responsibility of that participating
agency, typically with vehicles owned and operated by the agency.
Proposers wishing to submit on this basis should clearly indicate in the
alternative proposal response the discount from the differential provided
in the pricing pages and any requirements to be met by the participating
agency, such as insurance provisions to be supplied and certifications for
vehicles and operators.
8
TR 12915 - Exhibit 2
b. For the potential use of some participating agencies, the opportunity is
afforded to all proposers to provide the option to pre -arrange purchase of
fixed volume(s) of product(s) at a fixed price from time to time thereby
assuring:
i. Product availability of fixed volume(s) on a ratable basis over a
defined period of time, presumable in monthly increments.
ii. Established pre -agreed fixed pricing point(s) for product(s)
during that established period of time, regardless of market
conditions.
Proposers wishing to provide an alternate proposal on a fixed volume/fixed price
basis should provide minimum and, if applicable, maximum monthly volumes
applicable or percentage of agency estimated ratable demand that could be
contracted for on this basis. If available, provide a copy of standard terms and
conditions that would generally apply to such a transaction.
9. Addenda, Additional Information:
Any addenda or answers to written questions supplied by the City to potential
proposers become part of this Request for Proposal and any resulting contract.
The proposal form should be signed by an authorized company representative,
dated and returned with the proposal.
10. Contract with Participating Agencies:
No negotiations, decisions or action shall be initiated or executed by the Offeror
as a result of any discussions with any participating agency or representative of
those agencies. Only those communications, which are in writing from the
Purchasing Agent, or other designee, of the City of Pompano Beach may be
considered as a duly authorized expression. Also, only communications from
Offerors that are signed and in writing will be recognized by the City as duly
authorized expressions on behalf of the Offeror.
Litigation:
Disclose any litigation within the past five (5) years arising out your firm's performance.
City Forms:
The RFP Proposer Information Page Form and any other required forms must be
completed and submitted electronically through the City's eBid System.
F. Insurance
The insurance described herein reflects the insurance requirements deemed necessary
for this contract by the City. It is not necessary to have this level of insurance in effect at
the time of submittal, but certificates indicating that the insurance is currently carried or a
letter from the Carrier indicating upgrade ability will speed the review process to
determine the most qualified Proposer.
0
TR 12915 - Exhibit 2
The successful Proposer(s) shall not commence operations until certification or proof of
insurance, detailing terms and provisions of coverage, has been received and approved
by the City of Pompano Beach Risk Manager.
If you are responding to a solicitation and have questions regarding the insurance
requirements hereunder, please contact the City's Purchasing Department at (954) 786-
4098. If the contract has already been awarded, please direct any queries and proof of
the requisite insurance coverage to City staff responsible for oversight of the subject
project/contract.
CONTRACTOR is responsible to deliver to the CITY for timely review and written
approval/disapproval Certificates of Insurance which evidence that all insurance required
hereunder is in full force and effect and which name on a primary basis, the CITY as an
additional insured on all such coverage.
Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve
the right to review, modify, reject or accept any insurance policies required by this
Agreement, including limits, coverages or endorsements. CITY reserves the right, but
not the obligation, to review and reject any insurer providing coverage because of poor
financial condition or failure to operate legally.
Failure to maintain the required insurance shall be considered an event of default. The
requirements herein, as well as CITY's review or acceptance of insurance maintained by
CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities
and obligations assumed by CONTRACTOR under this Agreement.
Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other
agents hereunder, shall, at their sole expense, maintain in full force and effect, the
following insurance coverages and limits described herein, including endorsements.
Worker's Compensation Insurance covering all employees and providing benefits
as required by Florida Statute, Chapter 440, regardless of the size of the
company (number of employees) or the state in which the work is to be
performed or of the state in which Contractor is obligated to pay compensation to
employees engaged in the performance of the work. Contractor further agrees to
be responsible for employment, control and conduct of its employees and for any
injury sustained by such employees in the course of their employment.
2. Liability Insurance
a. Naming the City of Pompano Beach as an additional insured as City's
interests may appear, on General Liability Insurance only, relative to
claims which arise from Contractor's negligent acts or omissions in
connection with Contractor's performance under this Agreement.
b. Such Liability insurance shall include the following checked types of
insurance and indicated minimum policy limits.
10
TR 12915 - Exhibit 2
Type of Insurance
Limits of Liability
GENERAL LIABILITY: Minimum $2,000,000 Per Occurrence and
$2,000,000 Per Aggregate
* Policy to be written on a claims incurred basis
XX comprehensive form
XX premises - operations
explosion & collapse
hazard
_ underground hazard
XX products/completed
operations hazard
XX contractual insurance
XX broad form property damage
XX independent contractors
XX personal injury
sexual abuse/molestation
bodily injury and property damage
bodily injury and property damage
bodily injury and property damage combined
bodily injury and property damage combined
bodily injury and property damage combined
personal injury
Minimum $1,000,000 Per Occurrence and Aggregate
---------------------------------------------------------------------------------------------------------------------
AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and $2,000,000 Per
Aggregate. Bodily injury (each person) bodily injury
(each accident), property damage, bodily injury and
property damage combined.
XX comprehensive form
_ owned
hired
non -owned
----------------------------------------------
REAL & PERSONAL PROPERTY
comprehensive form
--------------------------------
EXCESS LIABILITY
other than umbrella
----------------------------------------
PROFESSIONAL LIABILITY
Agent must show proof they have this coverage.
--------------------------------------------------------------
Per Occurrence Aggregate
bodily injury and
property damage
combined
XX * Policy to be written on a claims made basis
-------------------------------------------------------------
$1,000,000 $1,000,000
--------------------------------------
Per Occurrence Aggregate
$2,000,000 $2,000,000
C. If Professional Liability insurance is required, Contractor agrees the
indemnification and hold harmless provisions of the Agreement shall
11
TR 12915 - Exhibit 2
survive the termination or expiration of the Agreement for a period of
three (3) years unless terminated sooner by the applicable statute of
limitations.
3. Employer's Liability. CONTRACTOR and all subcontractors shall, for the benefit
of their employees, provide, carry, maintain and pay for Employer's Liability
Insurance in the minimum amount of One Hundred Thousand Dollars
($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per
aggregate.
4. Policies: Whenever, under the provisions of this Agreement, insurance is
required of the CONTRACTOR, the CONTRACTOR shall promptly provide the
following:
a. Certificates of Insurance evidencing the required coverage;
b. Names and addresses of companies providing coverage;
C. Effective and expiration dates of policies; and
d. A provision in all policies affording CITY thirty (30) days written notice by
a carrier of any cancellation or material change in any policy.
5. Insurance Cancellation or Modification. Should any of the required insurance
policies be canceled before the expiration date, or modified or substantially
modified, the issuing company shall provide thirty (30) days written notice to the
CITY.
6. Waiver of Subrogation. CONTRACTOR hereby waives any and all right of
subrogation against the CITY, its officers, employees and agents for each
required policy. When required by the insurer, or should a policy condition not
permit an insured to enter into a pre -loss agreement to waive subrogation without
an endorsement, then CONTRACTOR shall notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply
to any policy which includes a condition to the policy not specifically prohibiting
such an endorsement, or voids coverage should CONTRACTOR enter into such
an agreement on a pre -loss basis.
The successful proposer shall furnish to the City the certification or proof of insurance
required by the provisions set forth above, within ten (10) days after notification of award
of contract. Certificate(s) to be issued to City of Pompano Beach, Attention Risk
Manager, 100 West Atlantic Boulevard, Pompano Beach, Florida, 33060.
G. Selection/Evaluation Process
A Selection/Evaluation Committee will be appointed to select the most qualified firm(s).
The Selection/Evaluation Committee will present their findings to the City Commission.
Proposals will be evaluated using the following criteria.
12
TR 12915 - Exhibit 2
Criteria Point Range
1. Firm Qualifications and Capabilities 0-40
(Factors including but not limited to the following)
• Fuel supply delivery capability from Port Everglades
Contracting Terms and Conditions proposed
2. Emergency Supply Capabilities 0-20
(Factors including but not limited to the following)
• Control of storage facilities in Tri-County area
• Contingency plan of action
• Availability of regional emergency storage
3. References 0-10
(Factors including but not limited to the following)
• Years experience
• Number of Locations
4. Cost 0-30
Total 0-100
The Committee has the option to use the above criteria for the initial ranking to short-list
Proposers and to use an ordinal ranking system to score short-listed Proposers following
presentations (if deemed necessary) with a score of "1" assigned to the short-listed
Proposer deemed most qualified by the Committee.
Each firm should submit documentation that evidences the firm's capability to provide
the services required for the Committee's review for short listing purposes. After an
initial review of the Proposals, the City may invite Proposers for an interview to discuss
the proposal and meet firm representatives, particularly key personnel who would be
assigned to the project. Should interviews be deemed necessary, it is understood that
the City shall incur no costs as a result of this interview, nor bear any obligation in further
consideration of the submittal.
When more than three responses are received, the committee shall furnish the City
Commission (for their approval) a listing, in ranked order, of no fewer than three firms
deemed to be the most highly qualified to perform the service. If three or less firms
respond to the RFP, the list will contain the ranking of all responses.
The City Commission has the authority to (including, but not limited to); approve the
recommendation; reject the recommendation and direct staff to re -advertise the
13
TR 12915 - Exhibit 2
solicitation; or, review the responses themselves and/or request oral presentations and
determine a ranking order that may be the same or different from what was originally
presented to the City Commission.
H. Hold Harmless and Indemnification
Proposer covenants and agrees that it will indemnify and hold harmless the City and all
of its officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, action, neglect or omission by the Proposer, whether
direct or indirect, or whether to any person or property to which the City or said parties
may be subject, except that neither the Proposer nor any of its subcontractors will be
liable under this section for damages arising out of injury or damage to persons or
property directly caused by or resulting from the sole negligence of the City or any of its
officers, agents or employees.
Retention of Records and Right to Access
The selected firm shall maintain during the term of the contract all books of account,
receipt invoices, reports and records in accordance with generally accepted accounting
practices and standards. The form of all records and reports shall be subject to the
approval of the City's Internal Auditor. The selected firm must comply with the Internal
Auditor's recommendation for changes, additions, or deletions. The City's Internal
Auditor must be permitted during normal business hours to audit and examine the books
of account, reports, and records relating to this contract. The selected firm shall
maintain and make available such records and files for the duration of the contract and
retain them until the expiration of three years after final payment under the contract.
J. Communications
No negotiations, decisions, or actions shall be initiated or executed by the firm as a
result of any discussions with any City employee. Only those communications, which
are in writing from the City, may be considered as a duly authorized expression on
behalf of the City. In addition, only communications from firms that are signed and in
writing will be recognized by the City as duly authorized expressions on behalf of firms.
K. No Discrimination
There shall be no discrimination as to race, sex, color, age, religion, or national origin in
the operations conducted under any contract with the City.
L. Independent Contractor
The selected firm will conduct business as an independent contractor under the terms of
this contract. Personnel services provided by the firm shall be by employees of the firm
and subject to supervision by the firm, and not as officers, employees, or agents of the
City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this agreement shall be those of the firm.
M. Staff Assignment
14
TR 12915 - Exhibit 2
The City of Pompano Beach reserves the right to approve or reject, for any reasons,
Proposer's staff assigned to this project at any time. Background checks may be
required.
N. Contract Terms
The contract resulting from this RFP shall include, but not be limited to the following
terms:
The contract shall include as a minimum, the entirety of this RFP document, together
with the successful Proposer's proposal. Contract shall be prepared by the City of
Pompano Beach City Attorney.
If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit
arising out of any act, action, negligent acts or negligent omissions, or willful misconduct
of the contractor, its employees, agents or servants during the performance of the
contract, whether directly or indirectly, contractor agrees to reimburse the City of
Pompano Beach for all expenses, attorney's fees, and court costs incurred in defending
such claim, cause of action or lawsuit.
O. Waiver
It is agreed that no waiver or modification of the contract resulting from this RFP, or of
any covenant, condition or limitation contained in it shall be valid unless it is in writing
and duly executed by the party to be charged with it, and that no evidence of any waiver
or modification shall be offered or received in evidence in any proceeding, arbitration, or
litigation between the parties arising out of or affecting this contract, or the right or
obligations of any party under it, unless such waiver or modification is in writing, duly
executed as above. The parties agree that the provisions of this paragraph may not be
waived except by a duly executed writing.
P. Survivorship Rights
This contract resulting from this RFP shall be binding on and inure to the benefit of the
respective parties and their executors, administrators, heirs, personal representative,
successors and assigns.
Q. Termination
The contract resulting from this RFP may be terminated by the City of Pompano Beach
without cause upon providing contractor with at least sixty (60) days prior written notice.
Should either party fail to perform any of its obligations under the contract resulting from
this RFP for a period of thirty (30) days after receipt of written notice of such failure, the
non -defaulting part will have the right to terminate the contract immediately upon delivery
of written notice to the defaulting part of its election to do so. The foregoing rights of
termination are in addition to any other rights and remedies that such party may have.
R. Manner of Performance
15
TR 12915 - Exhibit 2
Proposer agrees to perform its duties and obligations under the contract resulting from
this RFP in a professional manner and in accordance with all applicable local, federal
and state laws, rules and regulations.
Proposer agrees that the services provided under the contract resulting from this RFP
shall be provided by employees that are educated, trained and experienced, certified
and licensed in all areas encompassed within their designated duties. Proposer agrees
to furnish the City of Pompano Beach with all documentation, certification, authorization,
license, permit, or registration currently required by applicable laws or rules and
regulations. Proposer further certifies that it and its employees are now in and will
maintain good standing with such governmental agencies and that it and its employees
will keep all license, permits, registration, authorization or certification required by
applicable laws or regulations in full force and effect during the term of this contract.
Failure of Proposer to comply with this paragraph shall constitute a material breach of
contract.
S. Acceptance Period
Proposals submitted in response to this RFP must be valid for a period no less than
ninety (90) days from the closing date of this solicitation.
T. RFP Conditions and Provisions
The completed proposal (together with all required attachments) must be submitted
electronically to City on or before the time and date stated herein. All Proposers, by
electronic submission of a proposal, shall agree to comply with all of the conditions,
requirements and instructions of this RFP as stated or implied herein. All proposals and
supporting materials submitted will become the property of the City.
Proposer's response shall not contain any alteration to the document posted other than
entering data in spaces provided or including attachments as necessary. By submission
of a response, Proposer affirms that a complete set of solicitation documents was
obtained from the eBid System or from the Purchasing Division only and no alteration of
any kind has been made to the solicitation. Exceptions or deviations to this proposal may
not be added after the submittal date.
All Proposers are required to provide all information requested in this RFP. Failure to do
so may result in disqualification of the proposal.
The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its
sole discretion it deems it to be in the best interest of the City to do so.
The City reserves the right to waive any technical or formal errors or omissions and to
reject all proposals, or to award contract for the items herein, in part or whole, if it is
determined to be in the best interests of the City to do so.
The City shall not be liable for any costs incurred by the Proposer in the preparation of
proposals or for any work performed in connection therein.
U. Standard Provisions
Governing Law
16
TR 12915 - Exhibit 2
Any agreement resulting from this RFP shall be governed by the laws of the
State of Florida, and the venue for any legal action relating to such agreement
will be in Broward County, Florida.
2. Licenses
In order to perform public work, the successful Proposer shall:
Be licensed to do business in Florida, if an entity, and hold or obtain such
Contractor' and Business Licenses if required by State Statutes or local
ordinances.
3. Conflict Of Interest
For purposes of determining any possible conflict of interest, each Proposer must
disclose if any Elected Official, Appointed Official, or City Employee is also an
owner, corporate officer, or an employee of the firm. If any Elected Official,
Appointed Official, or City Employee is an owner, corporate officer, or an
employee, the Proposer must file a statement with the Broward County
Supervisor of Elections pursuant to §112.313, Florida Statutes.
4. Drug Free Workplace
The selected firm(s) will be required to verify they will operate a "Drug Free
Workplace" as set forth in Florida Statute, 287.087.
5. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to
provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit proposals on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Florida
Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
6. Patent Fees, Royalties, And Licenses
If the selected Proposer requires or desires to use any design, trademark,
device, material or process covered by letters of patent or copyright, the selected
Proposer and his surety shall indemnify and hold harmless the City from any and
all claims for infringement by reason of the use of any such patented design,
device, trademark, copyright, material or process in connection with the work
agreed to be performed and shall indemnify the City from any cost, expense,
royalty or damage which the City may be obligated to pay by reason of any
infringement at any time during or after completion of the work.
7. Permits
17
TR 12915 - Exhibit 2
The selected Proposer shall be responsible for obtaining all permits, licenses,
certifications, etc., required by federal, state, county, and municipal laws,
regulations, codes, and ordinances for the performance of the work required in
these specifications and to conform to the requirements of said legislation.
8. Familiarity With Laws
It is assumed the selected firm(s) will be familiar with all federal, state and local
laws, ordinances, rules and regulations that may affect its services pursuant to
this RFP. Ignorance on the part of the firm will in no way relieve the firm from
responsibility.
9. Withdrawal Of Proposals
A firm may withdraw its proposal without prejudice no later than the advertised
deadline for submission of proposals by written communication to the General
Services Department, 1190 N.E. 3rd Avenue, Building C, Pompano Beach,
Florida 33060.
10. Composition Of Project Team
Firms are required to commit that the principals and personnel named in the
proposal will perform the services throughout the contractual term unless
otherwise provided for by way of a negotiated contract or written amendment to
same executed by both parties. No diversion or substitution of principals or
personnel will be allowed unless a written request that sets forth the
qualifications and experience of the proposed replacement(s) is submitted to and
approved by the City in writing.
11. Invoicing/Payment
Payment will be made by each Participating Agency within fifteen (15)
calendar days from delivery of product at Participating Agencies location via wire
transfer to seller's account and bank, as indicated on the invoice.
12. Public Records
a. The City of Pompano Beach is a public agency subject to Chapter 119,
Florida Statutes. The Contractor shall comply with Florida's Public Records
Law, as amended. Specifically, the Contractor shall:
i. Keep and maintain public records required by the City in order to perform
the service;
ii. Upon request from the City's custodian of public records, provide the City
with a copy of requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by
law;
18
TR 12915 - Exhibit 2
iii. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the Contractor does not transfer the records
to the City; and
iv. Upon completion of the contract, transfer, at no cost to the City, all public
records in possession of the Contractor, or keep and maintain public
records required by the City to perform the service. If the Contractor
transfers all public records to the City upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If
the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be
provided to the City, upon request from the City's custodian of public
records in a format that is compatible with the information technology
systems of the City.
b. Failure of the Contractor to provide the above described public records to the
City within a reasonable time may subject Contractor to penalties under
119.10, Florida Statutes, as amended.
PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER
1199 FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY CLERK
100 W. Atlantic Blvd., Suite 253
Pompano Beach, Florida 33060
(954) 786-4611
RecordsCustodian(&copbfl.com
V. Questions and Communication
All questions regarding the RFP are to be submitted in writing. All questions are to be
submitted using the Questions feature in the eBid System. Questions must be received
at least seven (7) calendar days before the scheduled solicitation opening. Oral and
other interpretations or clarifications will be without legal effect. Addenda will be posted
to the RFP solicitation in the eBid System, and it is the Proposer's responsibility to obtain
all addenda before submitting a response to the solicitation.
19
TR 12915 - Exhibit 2
W. Addenda
The issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information can be given. If any addenda are issued to this
RFP solicitation the addendum will be issued via the eBid System. It shall be the
responsibility of each Proposer, prior to submitting their response, to contact the City
Purchasing Office at (954) 786-4098 to determine if addenda were issued and to make
such addenda a part of their proposal. Addenda will be posted to the RFP solicitation in
the eBid System.
20
TR 12915 - Exhibit 2
COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE
EBID SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRITY AND
INCLUDE THE COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO
THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM.
RFP ,
PROPOSER INFORMATION PAGE
(number) (RFP name)
To: The City of Pompano Beach, Florida
The below named company hereby agrees to furnish the proposed services under the terms
stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement,
and conditions contained in the RFP. I have read the RFP and all attachments, including the
specifications, and fully understand what is required. By submitting this proposal, I will accept a
contract if approved by the City and such acceptance covers all terms, conditions, and
specifications of this proposal.
Proposal submitted by:
Name (printed) Title
Company (Legal Registered)
Federal Tax Identification Number
Address
City/State/Zip
Telephone No. Fax No.
Email Address
21
TR 12915 - Exhibit 2
REQUESTED INFORMATION BELOW IS ON THE ATTRIBUTES TAB FOR THE RFP IN THE
EBID SYSTEM. PROVIDE THIS INFORMATION ELECTRONICALLY.
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Respondent Vendor Name:
Vendor FEIN:
Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for
goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company
identified above is not listed on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is
engaged in business operations in Cuba or Syria. I understand that pursuant to section
287.135, Florida Statutes, the submission of a false certification may subject company to civil
penalties, attorney's fees, and/or costs.
Certified By (include Name and Title):
22
TR 12915 - Exhibit 2
Consolaidated
3141 SE 14th Ave, - P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone* (954) 522-1182
Fax: (954) 527-1101
Toll Free: (800) 683-5823
February 15, 2017
Jeff English -
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Re: Best and Final Offer — E-13-17
Dear Mr. English:
Thank you very much for your time today and thank you for the opportunity.
As a follow up to our negotiation meeting for E-13-17, please see our "Best and Final" offer to the Co-op.
ULSD
87 E-10
Transport
+0.007
+0.007
.Tankwagon
+0.089
+0.089
All other pricing in the RFP will remain the same,
Should you have any questions or comments, please feel free to contact me at any time.
Sincerely,
Don Carlton
President
Port Consolidated
Miami - FtLauderdWe - West Palm beach - KPIerce - or - JackwnvUjo . Ta"a
www portoons0datted oom
TR 12915 - Exhibit 2
COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE
ESID SYSTEM. PROPOSERS ARE TO COMPLETE FORM IN ITS ENTIRITY AND INCLUDE
THE FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE
ATTACHMENTS TAB FOR THE RFP IN THE ESID SYSTEM.
PROPOSER INFOR11 A 77ON PAGE`
RFP E-1 3-1 7 Unleaded Gasoline and Diesel Fuel tar SoutheastFloride Purchasing Cooperative Group
,t
(number) (RFP name)
To: The City of Pompano Beach, Florida
The below named company hereby agrees to furnish the proposed services under the terms
stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement,
and conditions contained in the RFP. I have read the RFP and ail attachments, including the
specifications, and fully understand what is required. By submitting this proposal, I will accept a
contract if approved by the City and such acceptance covers all terms, conditions, and
specifications of this proposal.:
Proposal submitted by:
Name: (printed) Don Carlton Title President
Company (Legal Registered) Port Consolidated
Federal Tax identification Number ` 9-1173292
Address 3141 Se 14th Ave
City/state/zip Fart Lauderdale, FL 33316
Telephone No. 300-683-5823 Fax No. 954-527-1191
Email Address dcarlton@portconsolidated.com solidated.Co
TR 12915 - Exhibit 2
jVPCO'nsofidi-ded
3141'SE 14th Ave. r P o. 13ox 350430
Ft. Lauderdale, FL 33335'
Phone: (954) 522-1182
Fax; r(954) 527.1191
Toll Free: (800) 683-5823.
January 12 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Over Letter— UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP
Dear Mr. English
On behalf of Port Consolidated, I would like to thank the City of Pompano Beach for, the opportunity to
participate "in this RFP. Below you will find our official contact information.
Name of Firm: Port Consolidated
Physical Address: 3141 SE 14th Ave., Ft. Lauderdale, FL 33316'
Mailing Address: PO Box 350430, Ft. Lauderdale, FL 333.3
Corporate Website: www.portconsolidated.com
Corporate Phone: 800-683-5823
Corporate Fax: 554-527-1191
Point of Contact: Don Carlton, President
E-Mail Address: dcarlton@portconsolidated.com
Per the terms of the RFP, the following is a brief outline of Port Consolidated and its history:
The company has been marketing petroleum products in Florida since 1967.
e have:` locations in Miami, Ft. Lauderdale, Pompano, Riviera Beach, West. Palm Reach, Fort
Fierce, Fort Myers, Tampa, Orlando, Palatka, Jacksonville, and Fernandina Beach.
• Port Consolidated currently supplies a multitude of municipalities throughout the State .of
Florida for not only day to day supplies, but hurricane and emergency fuel as well.
Mam! - Fi,l.aud"Ie • West Patm Beach • RPWce • Orlando-JarkswMila • Tampa
TR 12915 - Exhibit 2
P'I
Consofidated
C3141 Sr: 14th Ave. - P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone: (954) 522-1182
Fax: (954) 627-1191
Toll Free: (800) 683-5823
Our company owns and operates a fleet of over 60 tankwagons and over 60 tractor trailers,
which gives us the largest and most comprehensive delivery capabilities in the area.
•We currently have supply agreements with several major oil companies, notably Chevron,
Marathon, Valero, TPSI, Colonial, Gulf Oil, Indigo Energy, and Motiva. These supply
agreements allow us to pull product from not just Port Everglades, but the Ports of Tampa,
Canaveral, Jacksonville, Orlando, and Savannah as well. Our ability to pull product from
multiple suppliers, in multiple Ports, during emergency situations allows us to continue to
supply our customer base while our competitors will be forced to sit on the sideline.
• We own and operate over 15 different petroleum storage facilities throughout the State of
Florida.
a Port Consolidated is privately owned and is registered as an "S" Corp with the State of Florida.
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal,
please feel free to contact me at anytime.
Sincerely,
on C
President
Port Consolidated
Miami `• Filauderdale - West Paim Beach - RPIarco • Odw)do • Jadmonvft, Tampe
www.portoomkWed.com
TR 12915 - Exhibit 2
3141 SE 14th Ave, - P.Q. Box 350430
Ft Lauderdale, FL 33335
Phone: (954) 522-1182
Fax: (954) 527-1191'
Toil Free: (800) 683-S823
January 12,:2€317
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C'
Pompano Beach, FL 33060
Qualifications and Experience — UNLEADED GASOLINE & DIESEL FUEL FOP, SOUTHEAST FLORIDA
GOVERNMENTAL COOPERATIVE GROUP
Dear Mr. English:
Per the terms of the RFP, the following is a brief description of our firm's qualifications and experience along
with a list of references;
Port Consolidated has been supplying fuel and lubricants throughout the State of Florida since 1967, We awn
and operate all of our yawn equipment, never having to rely on common carriers to deliver the products that we
sell. Our customer service department, consisting of 15 representatives, is open Monday through Friday, 7,30
AM to 5:00 PM. In addition to that, we have 24 sales representatives out in the field to assist our customers
with any/all technical questions.
Please see below,a list of local references. We have serviced these entities over the years.
Broward Sheriff's Office — Rich Torres — 954-831-8170
• City of Fort Lauderdale — Ann Debra Diaz -- 954-828-5949
• Palm. Beach County School Board — Morris Simpson — 561-434-8172'
• Florida Power and Light -- Patti Earley — Riviera Beach, FL— 561-881-3407
• Broward County School Board — Mark Alan - 754-321-0507
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel
free to contact me at any time.
WSinc el
n n
President
Port Consolidated
Miami FLLauderdale - West Palm Beach - FLPieme . Orlando • da0wrTAW - Tampa
wWW.parteoneotidated,cdm
TR 12915 - Exhibit 2
roonsolidated
3141 SE 14th Ave. - P.O. Box 350430
Ft Lauderdale, FL33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free- (800) 683-5823
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Personnel — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP
Dear Mr. English:
Per the terms of the RFP, the following is a list of key personnel that will be assigned to this account:
• Customer Service — Fay Francisco, Linda Rogers, Janie Mitchell, Natasha Corona, Vanessa Burch, Danielle
Schatz — 954-522-1182
• Billing Inquiries —Heather - 877-345-1098 x1009
• Invoice Copy Request —Jesse Dechant— 877-345-1098 x1023
•, Credit/Collections — Michelle Thompson — 877-345-1098 x8809
• 24/HR Emergency Line — 800-683-,5823
• Account Manager -.Don Carlton — 877-345-1098 x1017
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal,
please feel free to contact me at any time.
Sincerl6dy,
Ca
President
Port Consolidated
Miami, rt.LaWerdale -West Palm Beach, "isme I CHando - Jac*4onvft • Tampa
www.portcortsoiWaWd.com
TR 12915 - Exhibit 2
nsolidated
LE 3141 SE 14th Ave., P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free: (800)1883-5823,
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Contractual Supply Obligation — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA
GOVERNMENTAL COOPERATIVE GROUP
Dear Mr. English:
Per the terms of the RFP, the following Is a brief description of our supply chain that will ensure adequate fuel
supply for the Co-op, not only on a day-to-day basis, but during a declared State -of -Emergency as well.
Port Consolidated's corporate headquarters sits in the heart of the Port Everglades, which supplies both gasoline
and diesel fuel to all of South Florida. We have the ability to pull day today product from Chevron, Citgo, Gulf
Oil, Indigo, Mansfield, Marathon, Motiva, Petroleum Traders, and Valero.
For those times when supplies are tight, we have contractual arrangements with Chevron, Gulf Oil, Indigo
Energy, and Marathon. These contracts will ensure a guaranteed, ratable supply to the Co-op. Attached to this
letter, you will find copies of those current agreements.
Port Consolidated also has the ability to pull product from other Ports throughout the State of Florida, notably
the Port of Tampa, Port Manatee, Port Canaveral, Orlando, and the Port of Jacksonville, Should Port Everglades
become incapacitated for any length of time, these various Ports provide us with other options to pull product.
We also have relationships in Savannah.
In addition to our regular supply points, Port Consolidated also has the ability, to pre -purchase and store product
at anyone of our 13 facilities. Our total storage capacity is just under 3 million gallons for various petroleum
products.
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feet
free to contact me at any time.
Sinc Y'VI
0 a
president
Port Consolidated
Miami - FI.Lauderdate - West Palm Beech - Ftftm - Orlando - JacksonvO - Tampa
www.portwnsWdated.com
T;0"*jt2
T
GUARANTEED SUPPLY AGREEMENT
This is a Guaranteed supply Agreement dated November 2. 2016 between 'Marathon Petroleum Company L? ("MPC"), a Delaware limited partnership
with offices at 539 South Mfain Street, Findlay. Ohio 45840 and Port Consolidated, Inc, (-port Consolidated"), a Florida corporation with offices at 3 141
SE 14th Avenue. Fort Lauderdale, Florida 33316.
I. Definitions. "Products" shall mean gasoline, gasohol and distillates of all grades and types as are generally offered to MpC'j u,bole.sale Reseller
customers at a Terminal from time to time. "Terminal." "10-Day Volume,- and "Monthly Volume," shall refer to the MPC terminals and the associated
quantities (in gallons) listed in the table in Section 3, if applicable. -Month-' (capitalized Or not) shall Mean 4 calendar month. "10-Day Period" shall mean
10 calendar days in a Month, beginning on the first, day of the Month. The last I 0-Day Period in a Month must end on the last calendar day of the Month
and can be shorter or longer than 10 days depending on the amount of days in the Month.
2. Tenn. The initial term of this Agreement is Boom January 1, 2017 to December 31, 2017, inclusive, This Agreement shalt automatically renew tbr up
to two successive om(
erne -year renewal terms) unless either party gives written notice of non -renewal at least 60 days prior to the end of the initial term or
'
any subsequent one-year renewal term. In no instance shalt this Agreement extend beyond Deccmber 31. 20) 9:
3. Quantity. (A) During each Month., Port Consolidated shall purchase 100% of the Monthly Volumesof each Produ t at the associated Terminal as
-Day Period, Port Consolidated shall purchasc'the 10-Day Volumes of each Product at the associated
shown in the table below. (9) During each 10 c as a
Terminal as shown in the table below. (1) MPC shall not guarantee availability of Product for Part Consolidated's purchase in amounts greater than
110% of the 10-Day Volumes set forth in the table below. (2) During any 10-Day Period, all Product purchases over 110% of c I Day volumes shall
, the event the needs of Port Consolidated increase beyond
not apply toward Port Consolidated's obligation to purchase the Monthly Volumes, (C) In er th 0- � h I
the volumes specified in the table below. Port Consolidated shall notify the MPC Regional Office in writing of the additional volume requested at least
30 days prior to lifting. The MPC Regional Office shall assess Product availability, and if the parties mutually agree, shall amend the volumes in the table
set forth below.
Termingf
Product
Date Range 12:D—a volume
j
hi—yvalume
,IATILa
GASOHOL
TERM 121,000
_Mon
375,000
Tampa
. . . .. .. ...... ULSI)
TERM j 61(,666
--=T850.0W
VOrt Lauderdale
GASOHOL
TERM 1 275,000
825.000
Fort Lauderdale
U,SD
TFRM 1
2.250,000
TOTAL MONTHLY
VOLVMF_
51300,000
4. Price. The price for any given load of Product shall be, the applicable MpC Wholesale Reseller Price in effect at the following Terminal(s) as ofthe
time that lifting ends: Tampa and Fort Lauderdale.
Port Consolidated acknowledges and agrees that MPC may use this Wholesale Plescilcr Price to Manage customer liftings when MPC's Pro&ct supply at
aTcrminal is limited and Port Consolidated waives the right to claim that this method of pricing is unfair. anti-compctitive, tortious, at a breach of
contract,
S. Remedies. (A) MPC` wilt, at its sole discretion. invoice Port Consolidated on a monthly basis an underlifling fee of $,0300 per gallon not tilted if
Port Consolidated fails to lift 100% of the Monthly Volumes of each Product at the associated Terminal as shown in the table in Section 3. Port
Consolidated shall pay MPC within 15 days after receipt Of the invoice for Any, applicable underliAing fees charged by MPC. No failure by MPC to
charge for any undeflifting fees to which it would be entitled to any given month shall operate as or imply any existing or fature waiver of'the -right to
charge such fcc!;, nor shall it, in any way, limit or alter the rights of MPC set forth herein or prevent MPC from asserting its rights herein through
estappets or any similar legal theory. (8) MPC may meet this Agreemetitupon ,13 dqys' advance written ootioe-A for any two consecutive months; port
Consolidated fails to purchase the Monthly Volumes at the associated Terminal as shown in the table in Section 3, (C)If a ply i t pti occurs I
1'ernlinal sup nom "a Una
a - MPC may request Port Consolidated, to the extent logisticalty fmsjblc� to hilt Products at another MPC Terminal.
4. General. (A) THE ATTACHED PRODUCT SALES TERMS ARE PART OF THIS AGREEMENT. but the terms herein shall prevail over
any conflicting terms= in the Product Sales Terms, (9) The fee in Section 5(A) is not a penalty but is a reasonable liquidated damage amount. (C) This
Agreement has been executed in two original counterparts. (D) Port Consolidated has the right to disclose the terms and conditions contained herein
with its agerim employees, directors and officers with a need to know. however these terms and conditions are confidential. and any unauthorized
disclosure by Port Consolidated without the express written consent of mpe is a material breach of this Agreement
Marathon petroleum Company LP Port
By: MPC Investment LLC, its General Partner
BY ay
Tit! ---)b Title:
,42085,I)WX I
TR 12915 - Exhibit 2
(Revised 81112016)
PRODUCT SALES TERMS
These terms will apply to any, agreement to which they arc attached. in which they are incorporated by reference.. or which is found on the other side of
these terms. In the event of a conflict between that agreement and these terms, that agreement will control. That agreement and these terms are
collectively referred to below as the -A. vmeri `, and the tenet "Products" refers to the petroleum products sold .by Marathon Petroleum Company I,P
(;"Seller") under this reement to the
buyer identified in this Agreement (' Buyer"),
I. Payment Payment terms are subject to change b? Seller at any
and using each of the Products:: SDS for Products are available at the
time. If Seller does not receive payment when due. it may impose a late
faltownig imcmet address: httpa uww.matathsrnpetctslc�.csim
payment chrmaximum amount allowed by law and if
not to excee�cus
lbrandiproducts stlsl. Buyer may request to receive 5DS via email; by
or suit
fire act ounlacdfor conorsuitisfledthercSeiner alit be
ctxttacting the $tiller at sdsinfsifr marathonpetrtsleurr c-om:
mey fees antits Pxt1'YIE�ITS 1 F YDEitEA IN
PI4LL SIETTI.L E�iT' CDF A A'VIO VT MUST OF
Buyer's employees, agents, and subcontractors Wtll coiriply with all
CLIXRLY LABELED AS SUCH AND SENT BY CERTIFIED
MAIL, RETI'KN RECEIPT REQUESTED, ED, TO: 'COMMERCIAL
applicable safety standards, hcie~;. practices and rules of conduct
mandated by Seller When involved in any operations on Seller's yn misefi
CREDIT MANAGM NV%RATIIUN PET'ROLFUM COMPANY LP,
in connection with the perfor ante of this Agreement.
539 SID(:FII MAIN S'TREE'T. FINDLAti', OIUO 4-Mf. Seller may set
otT amounts owed by Buyer to Seller or its subsidiaries or affiliates against
7. Warranties. .Seller Warrants good title to all Products supplies
amounts owed by Seiler to Buyer.
hemunder at time of delivery to Buyer. and that each Product supplier
hereunder will comply with all applicable 1ecer-al, stab. and local rules. arc
2, "faxes: Buyer will pay, and indetrmify Seller for, all taxes, fees;
duties, environmental levies, and other charges (whether imposed on
regulations lit effect at the time and place title thereto •s to Baver,
MPI: DISCLAIMS AN AND ALL O`T`HER WA NTlXS ANII
manufacture. processing. use, purchase, sale, resale. delivery, receipt, title
REPRYSE TATIONS WITH RESPECT TO THE PERFORMANCE
transfer. inspection, removal from storage, measurement or passage
through a measurement device, medpt of payment, or other activity. and
regardless of when imposed) relating to Prod". or their raw materials or
fmdstocks. The sole exception to this obligation is taxes based on or
measured by Seller's income or net worth, Upon account sea up, Buyer
will promptly frnaish Seller with the Buyer's appropriate state tax
registration number(s). its federal identification number -and any applicable
tax exemption certificates. Buyer will promptly inform Seller of fiery
changes to its tax registration or exemption status that may occur after
account Setup.
3. Delivery. All _safes will be F.0.13. rite 'Ship From" Ideation stated in
this Agreement, unless this Agreement clearly avides otherwise. Title
and riskk of loss will pass to Buyer at the **ShipProm- location as Product
passes (as applicable) the transport truck or railcar inlet flange, barge
permanent hose connection. or pilieline upstream flange. Title and risk of
os wIII not be affected liv Selle° s ownsrshiu of the transtiortstion assets -
expenses tram Huger, Seller will have no obligation to deliver Product at
the "'Ship from" location unless Buyer. its agents, and its carriers have:
emcmd into, and are in compliance with,. agreements governing access to
the "Ship Front" location.
Where this Agreement clearly provides that delivery is F.O.13. the "Ships
Ter" destination. title and risk of loss will pass to Buyer at the -Ship To
destination as Product passes (as applicable) the transport truck or railcar'
outlet €tar bare permanent hose connection. or pipeline downstream
flange. Where s ipment is- by railcar, nerd Buyer is urrablq to accept
Einti,n�,
ilffercxf,tle and irass wit pass toaetimeofn,tive pplaeof the Buyerwill pay berespottsiblt fr anyinrtrrae,fleeting.shifting-�arkirrg, pole( or other cltati Y. rr latecl receipt ter delivery of P oruduct .
w,aca�W wy 4nuacu uy azw rl
d. Quantity and Inspection. Quantities will be determined by (in
order of preference) cafibratett meters. terminal tank ages or shoretank
downgaages. or an yy appplicable AS"Tlvt method•. Qusnttltirs may be
tclitperatur adjusted'ato Ca9°F. at Seller's option. using built-in temperature
compensators or ASThf tables. Either patty may require that Product
quantity and quality be determined Iiy a joint) selectu"d, licensed
petroleum inspector, whose findings will be conclusive. Customary
inspection costs will be shared equally, but additional services will be paid
for by the party requesting them,
5, Compliance Witb Laws. Buyer, its agents,
comply with all laws, regulations, and standards al
in
and
or alloww to be
would-be in
6. Safety and Heaith, Buyer shall thoroughly review and adhere w all
Safety,Data Sheets (SIDS) and otter safety -related information provided by
Seller concerning the Products, including but not limited to the
recommended use, restriction on we. precautionary measures and
exposure controls for each of tfte Products as described in the SOS, Buyer
�I�
flywith .all state and federal lam regulations. and codes
in); tothe maintenance, and distributi n of $IDS. Buyer
E191cs the Words and assumes the risks associated with haruf itig
{425885.D0C'X: )
ion and its cosy (including e,)pcnsc of return and re-
$ C'laim& All claims must be in writing, Product quality or quantity
claims must be delivered to Seller within 50 days after delivery of the Product.
and all other claims b} Buyer must be delivered to Sel ter within 6D days after the
event giving rise to the Maio(, Buyer will preseryt, and pttmit Seller to inspect
and Sam ie, the subject Product.. ANY LAWSUIT AGAINST SELLER
1 111' ';ii INVOLVFS TIYIS ;AGREEMENT" Ott THE SALF OF
PRODUCTS MUST BE BROUGHT WITHIN ONE VF.AR AFTER
THE CAUSE OF ACTION ACCRUES.
9. Limitation of Liability. IN 'NO ENTNT WILL SELLER'S
LIABILITY FOR DAMAGES NETHER' ARISING FROM
BREACH OF CONTRACT ° OR WARRANTY, 'SEGUGENCI ,
STRICT LIABILITY, OR OTHERWISE) EXCEED THE
PURCHASE PRICE OF THE PRODUCT CONC"EIt,NED :NOR WILD.
SELLER BE LIABLE FOR Ptt,N TIA'E, P CIDEN'T"AI,,
CONSEQUENTIAL, Ott SPECIAL DAMAGES (i;+tCLUDING LOST
PROFITS), EVEN IF ADVISED OF THE PossunLy Y OF livai
DAMAGE1l
10. lyorce .�ajeurc and Aflocatjo a, Neithcx patty will be liable to the
other for any delay or failure in Perforntan :c: (other than to matte payments
when due) to the extent that it is caused by circumstances beyond its
reasonable control, or fire, explosion: hood: earthquake( storm; act of
God. mechanical brmakown; sabotage or vandaliarn; strike or other labor
disturbance (Ss;llet will not be required to settle a labor dispuu, or take an
action that might involve it in a labor dispute). shortages of or delays in
obtainin& crude oil, feedstocks, raw materials .or finished products,
equipment, labor, transportation, or storage; interruption of utility services,
or compliance with any law, regulation or order (relardlem of validity); cif
any governmental or military ;authority' Further; if Seller at any tame
decides that its Product. supply is insufficient to meet the actual' or
forecasted nests of Seller. Its divisions and subsidiaries, and its and their
customers (whether under contract or not), Seller may allocate its supply
among all of them in any fait and reasonable manner determined by Setter.
11. Indemnity. Buyer will indemnify and defend Seller and its
cmliloyees and agerns against arty lass. r.larm, fiataility tactual rx alltged)>
tics penalty,'ar expense (including extort costs, attoriaty fee;;, and litigation:
exp� rs), of`any kind (tncluslircg those fsased In tort, warrurst}', or sirrci:
liabfiity�, arising tint tit, sir in coFirtme�ioa with: (i) rite perftirrnanue of des
Agreetnmtii; (il) any torture of Buyer. its agt;nts at rmldoyees to comity
or other iisc. by Buyer*or
neghgence or intentional misconduct is determined by a court to be the sole
cause of the damage. to responding to any thirdTafty claims, Seller may
select an attorney and may enter into any settlement without affecting this ,
obligation.
12. Default. Seller may terminate this wAArccmont in the event of a
material defauh by Buyer which is not cured within :1 U days after notice of
default is given. Seller may also terminate this Agreement at once (surd
TR 12915 - Exhibit 2
(Revised 911,20t6)
Buyer will'have no right to cure) if Buyer either fails to pay any amount
when due or violates the provisions of p ph 14 below. The right to
terminate is in ;addition to any other remedy may be available. A
waiter of a default in one instance does not extend �to any subsequent
default.
13. Export Sales, For any Product that will be exported from the U.S.A.
by Beyer or another Party, all wxport-related requirements are the We
responsibility of Bayer or the I -A -porter. Seller is not responsible for
comptwrt control laws
ilquirements in such
tr ctions unless it to assume that responsibitty in writing. Buyer
acknowls that rouct was, designed and produced solel , for
ecirnmer purlmses. Further. Bever a that unless s eti rally.
licensed byy the United States government. no Product received from welter
is intendetf to be nor will be. shipped either directly or indirectly. to any-
country entity., or person or for any end -use that is vrohibited under the
national Traffic in Arms I:egulati
by any a iicable law or regulat
is strictly prohibited, Buyer s
from all fines, penalties, costs,
icy fees) incurred by reason of
Except where Seller has specifically provided to Buyer in writing the
Fapproprite documentation necessary [er ubstantiatc that Product is ch ble
ort NAN fA or other preferential duty treatment Product sold hercun r is.
deemed not eligible forNAFTA orany preferential duty treautient
F any "rod that will be e�pttrted iitim the �.�,A tiv i3uver, 5elter
reserves ilT riettts as a manttfact�trer under l9 U,5. `I 13 and related
re ulattons and reserves ail rigtt w claim drawback. IuysY will provide
Soler with proof of expott satisfactory itr Seiler and artpp' other tnfonnaii<>a
needed by Seller for the timely surd aCcucatc filing ufSeller's claim
14. Trademarks, Buyer will not use Seller's name, trade or service
marks, or trade dress in any way with regard to the Produce.
15. General, (A) The sale of Products to Buyer. and this A eementwill
be governedby Ohio law, without giving effect to its principles of conflict
of Taws provisions and excluding the United Nations Convention nn
13, and 14 above'
invalidity or unen
,ct the validity or
any atternppled assi
e event of a sale
Mellon. Breuer may; at its sole crp ion, mitnediatety terminate this
Tement. M No claim or notice relating to this Agreement to be given to
fer will be valid unless sent by certified mail return receipt requested or
A national ovetnirrht courier service rn qpll1 r mtrl�—A — C.n.,.--
[alai aucet, rririttay, tamp 4MW� All notices given by Seller to
rayy be .sent to the addresses shown on the most recent written
ndence 1,Lk to Seller by Buyer, or to such addresses as may, be
t in: writing by Buyer in the future, ((i) No amendment or
titan of this Agreement will be valid unless made in a writing
y authorized representatives ofhtath parties. Any attempt by either
rough a job order, purchase order. invoice, or other document, to
any degree any of the terms of this Agreement will be deemed'
al and will be void, unless cordained in an a icndment executed as
hereinabovc. (ll) No failure to exercise or elcctlon not to exercise
parrty's rights' hereunder wilt constitute any, waiver or modification
rights. or be deemed to be a course of performance or, dealing,
g or waiving the parties' rights,. remedies. duties, obligations or
under this Agreement or any part thereot (I) This Agrocrucltf
the entire agreement of the parties with respect to its subject
f 42s883 UOCX i
TR 12915 - Exhibit 2
Chevron
J
TWACO eras
Our Fatuity ) Brands
Product Sales Contract
T1,i onir et iRdnttw! Not rtnti tr 1)1. 2016. attd is lx mzep Chet rail Product** { vtn}h4n; . a JiN Won of Cho rcAu U.S.A.
xod PORT CONSOLIDATED INC t" Boer"#
`ecllcr and E tuN'tr a�ae. us,rulltrti s..
_l, 1'li t, The terns of this eoruract shale comaiiavice tin November 04. 3Qltt. and shall and on October 31. 2017, °unfcvc sooner
tarinimaed try atther pnmR in accorJuvcC with the provisions of this tV-ntntct,
?. PROU1.3 7S A`" O OCiAN1111E:S. Seller :tomes to sell to Buyer. and Ruicr agrees to purclwse from $ellcr those gratis o
diesel tutt ;oil] other products s(x el x d in Exhibit A tri this t u itmet. pnrclu4,0 i`aim Sc11u' noting each Calendar
niollih not less than the tttinimuo# guamitics cii'products specirled in Exhibit A. Seiler shall not be obis ttcd to sell to listytr in
arty culcixlar month quantities of prottocts in et cess ofihe maxsimum qua ititit*s sper:ilied in Exhibit A. but Seller may stela to
doso at its op#Kin alter request by Bu;ver. Such inininlum .and maximum tlwmiries sitall be prorated for unit period less than a
catertctat rnomb Included within the terra of this t;titttstet. Buyer s]Wl not represent or authorize or Wrnu# arty outer p�:rson ill
represent that the products purchased under this contract are the products of Seiler or use or authorize or pt:rmit any other
person to use any ur the trademarks. ser0ce inwks. trade aamac L color scheme, or surion design,+ utilized In Seller or
;tin othi;r )dent tlt:ation, desiglt ition or marking, ofary kind that moald Wadi.-, such products mith Seller. It is undemicod and
altw d that the products purchased under this contract shall be resold by Buyer under Floc}ves brands and trade aamrs. and
Seller hera+i gees its con.;t'nt to the rebtanding of such products. If )shyer breaches aav ofthe provisitont, or this section 1.
such breach shill, at Setter's option; hit deemed a broth of ibis entire .lgruemcnt anti. its addition its such other rentedks as -it
may haae_ Selicr shall have the tight,It tarmiitatc this Agreement finihtt ilK
t PitQIli 1-T Qt AiJI)` The products sole) tinder this aontrct shall be of the quality as is gentrall} oll�,rcd b} Seller for similar
use at the rclevard dethM hloadom To Ili ilititic the investigation sfany clams or concetn'rcearding the quarq oftlic products
dtlitered under this contras.# Bu%er shall keep complete and iccuratt�q records cif Ruver's pomhasr ttrs►u irtation. reccipi..
intentury, it ter its a or d-Gin or p"rttdu t5-rchascd by 13uy'cr in bulk frtun Seller and at* other slipplier. Selice s
representatives shall be permitted to Inspect and audit -such records at any time during f3cncr i busioess'hours can reasonable
antict io Auysar for up to bite ti ear osier the tetmion#ton of this contract. Srlkr's n:prL-AiUatit cs shah atso hl%v the eight at any -
flow to enter upon the premises —,them, the products purchased under this contract are snood b; or for Botrr and to tape 3, ptes
orsuch psrxinets fur tea'tove purposes, eompcasating Buyer (at'liuyers cost. li hich for this puspilu ,that) b ktitt d'tlis Seller's
price to Bti�vr in chest at the tints ;itch ssatsipks are taken. or. at Sa1It r'sotttiisn. in kind) for any products sir taken.
4. ZJIU. The price': that Rtner shall pay Seller for products ptirt:hascil under- this contract -hall be ticterrnia d its set 11thb in
F>hibil 1 (excepras otherx0su Prodded in scctitns 22 loth rtspctt ic, any M$crefiisnar+ Sales I'm defined below)).
9:l1 NLENT.rlND Fy";A tCIAL R17SPOSWULLITY. E3uycr 4 Pulls))"tits rtir products;shall be its I'S do%trs without discount
ire elecirottle transler of irsim tcl atniictbic load s- io tin account. bank and location de ignated b; Seller;
IloyeC Sttikn{it1'lidges thr kipilrtanev of paYtnunt Within the terms specirwil tthun credit tD cuvoiled and agrees that paadue
amounts slutll hear interest at the rate (if 1 % Per year or itic rna_�imunt rate permitted by t1u. state or.tinyer`s p�fdrrsc It,
v_
notices ass ipecifled in Exhibit A urthis contract. N.hichctcr i-, less, li'llityee tails to nuke pay mem within the spv:itted terms,
such t"ailure shall. at StAkrs's option, be deented a breach or this entire contract and:' in addition to such other remedies as it
.outsxbitza:.:;lt�r=�Iwlltre..thereatlerr tbe.tigJit_rrt-atolls�n+l.ctds?am,'c.ci�h�}sp,rtt.�� titltokl' _.- ittii m.
�,�
paym m i including pat-mclit ufall amount, then outstanding for pnitlucts delis Bred by Seller to Quyer hereunder) is mi`i:ived.
or to terminate this contract. The acec'ptamce oram pia m eto by Seller after the due date shalt net Mails on}' ni'Seitcr's rights
heNundcr talrshalt such t;ithholdint. of ticliterieb or termiltation ol'this contract uiluct arty tthitp:tiiuta t+t' litiser ltenetitrtiar I#
• = w H
credit i; eatet+ded to Buyer ht Seller, the buyer shall periodicall% provide to (C'heNro,n), that linancial intannation tit icturitr
Prcr(ittei Sales Contract Mcw1ler}
I • REV !i5 I?t(:i
TR 12915 - Exhibit 2
f�csst Esau tt hX tc.(auvronf to rp,laorl nu, ocdit raarr r,�tt, !€ �ct;s � flu I d��t kIisi VOIV4CL 1bQ tussrt:i:eJ:cajlvwk of tfa,
att�� r bmexrivt itupaired or un�ari i tettar} tta tC JkeTon) to the plc dud atu €ta o lt,' wwonI. adtano: a;tcla payinec t rat `t c itv
:ndisfact4rer10 (Chca'rOn) ,It tlf be. teat b�° the luster Oil dcitaattel b< (uilt'etilts) -ant@ ,,,.av bu k,it€lhelti tttas,a
trtcnt ttr _ i:vority i� r. eci vcf,
""cltcr'i a-.nll ,udlsaynicrtt are sa bjevt it) tltaat s itill=::tut tRaliCe at the d`o cr,,Ajojt of ,1j§ lJcr,
F N'c X Any tag., duty toll I`ee-larspavqt. >±ta�ce or other exaction, or the :aillount tltereto, ant azny ;Air s,e tfrrr ct`
nom or €w"tsak�r tnlJ of it. fsriedor 4Se:acd by anv wiNtrnmenttl auth city tali ,'site s,t,,,A It . iaacixlcnttt .,r a result sat';hc
trans a Fi n, be"Citt prON+i=laJ liar (eerier than local, stnxc and Fedemf net hicoils_ t � nSc te,trrvaJ br th t m t ittc mti saP ietl,�r l�dr a
all stau i .1, or the trur ptart:tt cr imiscrr:atittn. prusf scticn, na.tntstWt tar:. u.. or tt,tztcr:J;i} at' 1h, ?:,u eIS aft t', eri I t tl,i
ttante acc..�ta,dt, I cul?ectstw€c or N. ,aINle by�.Sell,(. 1,e pai.! by Bu*_cr e?ti danaanEl.I+;• tits ;0rh P,t>nn¢lty slucli be ifr
;khlal,tt 1v the prises otbt liaise Provided Iitr in thiti semiml, 111t er snail, at S Ikr" V-zWvSt.e°..'CDlQ �Ins1 tL Iit°rr to Sf-.Iler, itch
cc'n it a.:� csr rtiscr ds� tarnetat` W Seiler nst�v rt artshJt r tairc in noder ui en.tE=le;5ct(sr tst era atsi; ta5 s��e ista�rn aelt ii
nisi tx as ad,abIv in connection with soh urdchc riot itttctnrder.
t)f la FRIF S. Pnidkwtr2clirer#e :hall Ile n,4 fe br $eller iv $ut ';r at Edit l(scatituli $pc`itWd in Exhibit A {et�ept ai ruber t
pre:t i�tc t in it t thin ? +ttalr r_ayett to any J?tacrcticitrtr+� Snles,).. titer~ sleet nAA A Grabs sha#t pxtas tar Boxer et the point lie
deliittn into Rq era ttueks. railcar;, secartaO lacititics, cr atther rectiving amit, II'd iikeril me sit £ nvacl into +elaicle,
st ptird #} f3s; r Buller shall nisi be re tunwl act ulas'ke soli, deltaeries hilt+ Stich Nchicles rstttesy the; are Clean anal mint,
ltntncdintttft prior its delivery and shall tttg be required ht lo,sal tar ttttiNvr qjjUnjijivj 3cs, tdjAa the ruff aptttit} at. the aelaacii.
e cep( its otheraa i c authatrixr i bs ellcr. ll'tttlm:rtcs ant tea be matte iotta SUNvr's aaurt�a Facif �.zrI Bu; ershall pro%tde Storage
facilities r'Uty1cieOt to enable it tax rcvv a e $uCh dcltsrries ,trtu Shall Provide Sitter alit t un'stttpWed actcs to neat e sieliNcrij.� '4
hours per slit. Haan r IF n.-sporsitsic for ensuring that�Ant t alleles arrtt Incilities usuN! to reca:itc delivvic3 are in sale ctandidOn�
and That Btiyers startve taarlititscan be atcra-sed safety Seller hall not be ublirtied ua male aac tlellt,r% to Bvu,cr that
c tnaata he rtaacic saicfy Ja Setict's aule,iudyrrterrt_ Bit-, Lr shall cotnph N ith suc}s n rsnnablc rates and ri`"+21118litHas as Setter swill,
c Yar lfwlz regarding dct,N°trite by Scltct into Bu3 a s A chielea Or Stara- i'lvilltic,. Csrttx:rs for dr divcries,tt�1ii %e placeit l y 13u, rr
cNilh sstch adtanec notice and irr such riannor ii S,;lfar atal ticsifinalc.
t'L}NJLIC'T;y OF ISM *lcit1wr Beier wr:m4 dirwtur. ettapik%vee ter atgm cat Hu, cr sbalt lJ t elt,e tit air roce!w tram an*
dimcum entpioN ee or aektaa tar'3rilar or its arfibatcs and. vommisa;uar- fey:, or %+at— ar an?. Vitt or enterwmrnent tit"stgniiicant
cost car ratite jet ctnaecdont littil dtr contract. or (2) ;Inter into an business arragw,,lint Ntith any ttascalter. emptstcsw or tat
or Seller or its atlillasz iotiu r Than as } represcratati+e of JJt* r its aldiliates) at,thout pricir wrimen rioliee to Seller, 13tr er
stwit prUtatptla trolit Seller ofasas violati it of this sectiirn 8 mid any consideraticia ruee1%ed as a result OrSitle aitilae SbaJJ
be p t xi taxer Or credited to Ss fler. AT rapreselittrste auth tri red b+ $eller away audit art}' and Alf recot%4 Of puler for the• solo
Purptiat Of (JeMmiinitrl whelhcr Marc I biro compliance i0th this section ll for up it, 24 rminths after the tern}itration Di'this
%mintract.
ca d'Jl sr"F iTItTtiI tit �TRI# R1d ;4CI e,NCJitJ"iC J S(€PJ'E1 Tbert shall I nit obligation Ito ell or deliver. or to
purclsayt ,'tt mceac t; Ittz,thu.a tiruter� tfrt+ x.'tantntc��hen:ant�ritf� e�tr.nYlh:tt, such thins :aie'�r�4��tidiar liitadet�tfb,� aacr aaJ,
Caad tare. riot 1=+bvr alisturitaaea t,a'ltrtlaar inkzla'tna-eazapiarxectis uJ tJac lxtirt rticctrcftm of trrfrs slid resardlcss u;`�aihctitct the
disturbance anuld he settled bw' Acceding u) The demands of a latkir sresuilL accident. Naar,. the Acts of Irn- L-cnemnaem tat lli3
icael. bare €,n or donaesait f or an. causes t' 7ond the reasonable: conlruil of the purtN allee,041, taqaoIli
or ter Hart s$ra tar rtk anx to€'
the rore4oig! wows, Our it) an itiz rtoptiod. loci at shorwip: or aacccssan faril?tia a or �tjspl,ata tit tans ertairttws in all
sat ,ly-ttetuand sittntion itehicla mrs # lode a decision hy- Seller the�rWta of Same products which-luight b4, avaif It art
1111t amable). l% Ier nla kv not have $Mrrseient supplies of age Or more ut"IN prodauts c-aatctt d.hy thin vor1ratiet to meet the Ball
re(ltrirt pis of Buyer, ol'Selter's other customers, and 'ol`Seller for its host ust. Jfthert is a=;ff rrt,�w w prod octs dvkemble
etnder this cnistrac, Seiler vial- allocate shlivories or av-4itable Products amoult 13'ater. Sel#ap`s other calitoncrs 1cuntract or
othcrwisc. including Seih:r's ailiftotes) and Seller 6'r its Owl use. tits ang basis ullieh in Wle s scaleudgr., rot is Fair lttttl
rcwtscTa +Ie. alluctin tier sttcJa priorities as ScJt�r deem Apncoprint'e. Allwidlon k fair ant! n�tap lase cveik if is is -
on t
,41rtnt-le in dac, then-antemplanv* Sources ol'supply tit eellml $born in the sup{tlp 4 genN of �elt�� or it: t'liliarc, ur tzry
Jriyaurical 'it Planned d li Brie
In t) r+J'lI_i � It".a raxfuct. dl arecurs anuta9acrc in connertitan a�i11t I3uN"ur'a ��� �.
p �perNtana�sce nJ`this t:ulilnica.'gttvtr shall Promptly
Airntithi Seller,md the apprirprFalt c"enaaaatmtal auifsuritdc and shaft ta% iaamediau xtion tff Clean up the spill and prmNent
tittBuy thrsu 1ptan reegipa of sur>h nolificariom, Seiler shall lstttie thr rJphr aI its t tt tion. tar pnwidt. or clause it) be proN ided
to tweet such atJditiana J atranJmtNcr equlpn #t atad rartN tint n Uci"s 3taJe that r ritut arc ttcerncd reasonable to complete
i J tsl' ilia
the cteuru in rt sgtiwtiktnn a �rrnFr. €triter sFsntl p y and Mem{xHt ihlc lilt and o trs is aatt abl4aatnananider section
Including cuntrael shall'tncltnl ail ctaats alsKes amtl ailnca Iskrttr+se tllrl till the rlc to as } v rvttnnaa
P
- +tirnhtt anrxrtt r tcilc� d aN cif its tr nr �trdpn its Fth ui tcc aP Jleaeti 15V N
beds tab area pr local earcraimentnl a witc) m a rat:3tlt-Cif vtuh spill. curial its the cN ens the ^tPlll rosultcd Notek trtnn um act ,tr
ennission tan the dart of*Seller ar ., ,rtice$ i.tnplovitcs,
Produ o SIIv s C'r ttlra t J cscllert CR 1-tl21lt ;-J) l l
` RE%O-Al?14
TR 12915 - Exhibit 2
t€ WjJ:Nj%NITY, ktuexr �Iitlt ilittcWil f and bold ir,r,t;IC,, sctl;"r and it, a! likIic,. Itat ittrir dirzcinr:;.
cmplo c>s and agem,. from aml It mbnst arty aint all A:xpcn-,; s (lnctuding atfornet ,' tteiT. liabiiitit s and cluinl, nl aali:atsvet+ec
Lind ,;ld nature ineludin aho .c lsr thasla" to prep,'rty litt,tliding prc )cc%i of Buyts r3 ter liar i {ittr} to or chant ofall;-P'r oil,
tinclujink llu� rl. or indirL rt> arlAm-. or ulie cd tag arise otirni a?r'in ull, tcuv vol- relit ct longs [tic .t lu:aitictt slvragc:
timid ing. or we of atar f7rodtwu pureha ed ttattcr tloi tontritt, or atial [lac maml,:Tlawt:. upi;etl:_-rvlluir_ rr} l:uenlcitt or
top,;ratwn at mn� (if it;ifiL` uwd biv liuy%" r in corllt.oiotl 1,601 ttli`+' aaitracj. tit mtythiii loi.,ttr:;i theivi n. inClut.lim: anyact or
tonis+ioli or But%er skit It er . awit, or elntrf to e. ill sitc prrfulwalw': 00M, ronti,WL i+r €n the: nperat tall ttf unt. Avh slit is
canatomim Meth Hitters Nl_in.,s: Thv forvt!tli iu indemiaily ;hall not apply hi ttit ;mc t and only to the Qxwr t such exNlt r.
halsttia} l'a elaint_ r vu It filth Sevier ,tn, kit wiiitul lnisctatadacl.
1Z, IJL'FDO T1tiNS AND USACsF,;5, to thi> cort n: n. unt si tlthcrwi.e icttetl or the ct}nwc i othertaist; regttir:.. the iitlk,Miwz
d tiniliolls alld unmt-ei apply-
+u * ""sutler anti its aria#iai_s" mli SAlerr it; tatimite tvr,iit ounpttnt Chevron Uorporoill ll, and ills aUh+ idi:aay and
:ti'1iliat�i Cempanic'i Alf c u'h ail thttts,
* 1_, :" reier, its the United Stet!�s of elmcrieat..ttla, :tll ptacss arz cap.t_:�.-d in U.S. sing all units of niett tint•
tint: in V's, Unit,
nacan. „iricltjdt� but is got limt`ta? to," Gn t `usuttislalg" mean, but dirt lioliwd to,"
a Action; pormitteA tlnJerthis cainsrict itlay he tak,cll m run+ tiow Ind fi�wn time tat -time in ttvo a :tor sa diicx_tion,
a "A ur H.. lllt!A '-A tut B air hotel."
1 i. =1iPt"1J `GULF, LAW- r NT) t l4PLIE UOLUTICJN. This eantr:rct .<h,111 tic l:oo,tmtd. ints:rpretetle et ttawcd algal
Ow ritlatients between tilt; Patti,, determined in ueeordi lace :5 ith th+: latcs o € w statt' tit caisfi mia. ttitbom; ra _aTd as it: Oloi k
orla t Vale , lit the caero it dis ,aw lures lt-ith r ijutV't to the 11aerprmtiolt ar licratmul leb aaiair thr rclatiou,hip treated ;f;:. thii
ttonlraet. that Parties shalt 411(a mpt ill good lailh w resolve the Gl ,Mule If s1tch v1*4)rts Proi: t€nutirssatt;i. c46 Par, axrods to
con "suer tho #lids or mediation. mint -trial. artaiir bon or other attcrmatatc dispute rc:,aluCtin teehit quos pritar to resv nu tub
litigation, If 111"tiati ll, miril.1-6al.arbitration tit ratheraltemati+,tti tti>ptalt te..tllritinn %ClrnitilWN Ire utili�led bt the. parties.;jr
Harty ltgrees that liti,voitd tar decision raiuttirtc thOeftaral sitattl include: punitive danuq%:s, If the parties are cinsucressrttl in
their 'belt frith itltoollit to (libumise rciohv if c[i"sPite, the parse hefeht irrettleablt lad uncoaditionallt tunscnt to muba lk tia
tla e cdusite jtdrl,dartit+fir of tht� :[aorta ofeirher ti t Contra Costa Count} in thc. Slaw Of'C".zlif arnia. or t?i the tederal rouru or
the 'Nerthem Distriet or t.,'afi%mia.. for any anions, sail. tar Pfocoe'din+ep arising mit of or it ltltijl�' to 's contra l janil th,r
Parties each 3gn". not to .kltnmence anti m(ion. suit tit ants' ling rctatinat thereto ewept in 9tich Courts),
14, PZIO _ACRCF.�tFNTS tiiANF.p. This contrict citm:stlattcs the entere aureement of' tilt, parties 1Ngh
re.�t ;:A eta its sabjeo marter and :terminate$ and super;si;ties arly prior agtceme-ill... ut ik-r-,taadint rel'lmwtuatiart..at proposal
Mating 1a tltc sale by SVIIcr ar Pruttuetr, ni Buyer at the dclitert locaiiorli .stl in Ltisiblt A tar-aurillar% taircnrtit lnwt
5atf s cortlemplited bysection 22)Waiver h;, Seiler or inner ovine or more breaches; of this comic et .shall not he di emed to }re
a tihsts r tat`iin} ulhcr or continuing bwaah, No nliadii ctatiola oNhis cooltzi:L and no abai.cr ut ulay of its luntdsioos. shalt he
l t. T tt 13l1;1Ti". t f any prm ill n Or this cmtr;trt shall tat~ .tciitulvd itivalitt t r ullmlitrCe ahle by a Coort ill' Corripdont
juri:soicrion oir let operation of an} <appl"ivahlr: low. such provision shall he 4eorled othittod and that remaining provisions shall
rtnreinin Rdlforce
tti_ 1, pia"ixiku%4rackltowlcttgesrete'r{staf"i4ataTialSaller.Delasiress('VISi3:S)lz*rillProdaiasctat"ereidbyThis; ililrukt:...
17, 12,iti:t.t 'iF : In no ct ent shall Seller be lialik liar :my speriat. irdireet or Conseltocatiaal datslagU13 orally kind inittltting loa s of
Profits. ttT.S,t or use tut' ctaalis Of ttuytt's V'ttatriiim"ni due tar liens of sauce t-t'hailirr the damage^ are bused in cootrater or tpri
lineltidiia uic$llgsnce or sent liability) Aar Ptherstiw. Boyiir'3 %! eNO tSi%e Nrfte y filr an; alter .Ill Io;,av tit t#aanngei rl< luring
i r m t14 orehttsttaf projiteli under 11tii contract. including. brit not limitcri to. a ty al} ;ration olf birvach orwarrat t: bt-ach of
contract. tw l iolvc or twirt liability, shall i hL CualatCd- at 13ut"i is option. to either the return of the aura:hasi lwity or the
replacement of the fuel for cthiO a claim is proved.
Ill .1! sSj j, EVT ANQ t201G.Al'lrly 1'hie rumme^t k pownnt to t ewer anti Buyer shall not. 4ubjcwi to any Catlin
n t{iiirtcntt ni, ut and attlil rathi. statute. a,4ign any righti tic tick :tee rut}° ehttiea that Hurrr mst� has"e atulrr t#atx coulract. either
%niumirild. ineutuntarily or ht operation tit` taw. or oth+.mvir'r. without the prior tarlttcn Consent (if selkt. Ir latter is a .,.
curpcitatlain. iojF sale. corivelaitce. alienation. trumsttr or otlactr change of interest in tic title to or beitetirial otitiership ofit)
pment or more or the volilw mock {or securities rontertibiv into ill percent or mom a]* the voting ,tuckj of tauter. cith'ir
..e.�»....e—.. ,-.....,m .— ,,...w�untr�t�.�Pxwxunwuu�o_+:..aha,.�tix�r.x�n�.�m��n••c.^.qu*gs-av�cn.mx.s.,.pon*utn.��u..
aa,Wtitnarnt elf fIt t'eeit rl€;ht. unifier ths, 4zomract. Srtlter may assign afty of ks ri.
etantratl it ittltiat It1ix r'ssottseni:
Product Siles Contrut iRtselly I §
4 r
ar tteleglilc Inv tit' it, dutie, ondor this
C1. 1-t12fx{ s-Ct3 t
FA 5 11i1l
TR 1245 - EA04 2
W! is YK0. 'MR; go,,& fT, &G TV "'A Tj "d Y'04 % U� €9r0 WN ww" jv
it olt, ,l t fait *wn—qWQ!dx 1 00 to X "A 0"r own —naW pv! pol d""Wov v yAko�
by & 0vic
I;Q1 Or md R* ashy hmc K 00 uYWo X wq Ow "nMq "we M §jmg qv
"on pay M I"M 30 &;, Pro. Motion We a torn"Mmy Inualusuan or ov, ww"o AA 04 SAW the No,
t4c p
cpamd bj Ah cowl-ja fato", cjmAW of iltz Inn nj, III;, conurj,,, 't'O" °1 �t< 'Imil bv upon ,0 tO, the tour. .1 J.
1-4,4l, J,:J 61,tl itI6 suki ads ma A cowmqd v Mh xv o y""T of% ornoo , qywSw
U" or Mau W,
\k %Is W 11svor maw as &I A h. Ink to soppouas *W UU&I Mk envWL 'Mjo 1 J. uuu X, pqr\-Jj7lj)
F', 'F;lk I"ORI 'if 4 UNCIT AND IN I HI: 14% 1 SK 11ALI OF Sly TION, t ':?F ti-fil; C (0, fR %(- l, Bit � 'E, R
WN f"M U DGEN All) HQFRY ACCEPIN III XT SEUIR lVaCV0 IMMIOWS kQ %\D 11 L 0 1 [WR
V, URR xl%jilcs. VXI41-Ss tAc 131\6 M "IT It r LMI TAI 1, I`,;, ANN' AND Al 1, i1 JPS ttl`
DE FOR A P.WILI, LAP PE RP(II-4- ANY M,1Rtt %\I Il,
kNY Ct. �t'PSL OF AUNC I)IR USAGE Of TR 4,DF.
aLk 1V �" US $00 "1 ROM Ina f4l IIN Xt QQOW 10 in ;alc tr>Fw4act'on,
-u-s jok4itlon, n,�f p%xlf1vJ in WIR A fWanklim! SQU I WIM obw%hI, utucd to in urWng tj SAW amt
Hom my vwwmm* sw, MA 4 dawd wala owe vs mww"Md M M umv map Ma M"Nd& PMQM.
pr'ctt-, and M lcr; tv,%�:Itiotls for Di.wtvtiolov., &fl�:, III,: j:� QWd My I, Sj& XW &q, Q "I,
.4uh tran.-,actiom Thv ('I* pridltLa, A It Aral Ilof cunt spa 'it tilt: or 1113\1nu."'l1
�ohjrnc,i ir) IF "Itib4A.
Cho r#1 91 IT v0d I AWAY 1 1 %SA
DAY!
Wanagc,,
Pr: C-Lvis Sspurt
PORT C()\ 140 LID % t Ef" IN(
13m11M, Ma Cmrwr I R4�0wr)
REV Of I_ i
TR 12915 - Exhibit 2
Chevron Aft, A
0,jr Family, of erarlf-1-5
FAINKIT k
,;U"k DAotr% Dvl1wry Slinimurn. Villialual Price Pricing DJrF DIFF
ProdAiciName 1,11turnrGallon iolamcGallon Clear r)N
0 Location Mode Dwription Prw4ion � #*J
per Xtanth per'NI""th {Sial) CS/U31)
F1, I p 4j
Trwk
VnbrzrA,4)L1.5
:73AWK,
COW DF1
FTLAUDURDAtT
F1 TPIM 0qFN1W'\1
Tnkk
c. \ LCA.) k
t:01raWN) MS
LWIM
I I0�110110
2 1
CLWV DF.,
r$RLA,"-W I'L TR
KINDER MORO 8N
Tnxl�
0 "1 tnbru &-di ULS C
116, 667
121,313
CAFE B043 3 DFA
Pricing Prin4sions:
L OPtS CA CAR!: OPIS Prior Day Cafifornia Cap -At -Rack Assessment for Motor Gasorre(CTSIGAL),
During periods when OPIS publishes CAR quotes for boM summer and winter grades, Chevron w,71 Lisa,
the quote for the newer season.
2. OPTS CA CAR = OPI$ PribrDay Calkibmia Cap -At -Rack Assessment I& Motor Gasoline (CT"AL),
During periods when OPIS publishes CAR quotes for both summer and winter grades, Chevron wfll use
the quote Jbr the newerseason.
OPIS CA LCFS = OPIS Prior Day California Low Carbon Fuel Standard for Motor Gasorine fCTSIGAL),
The pvrpitor, pr4xc which auwrsliaflp* Seller for VRODUCT VANIEdeliverid to DFUNFRY LOCATY sballbe
.--111 4-1-- J , AN I
u.,fnj-jrLqLd - T!aepriceabo,,ejoea
_4% priclag, ha3t: on MICE
an(retleci 3pplicublL mxe-saml gowntruental Aws. mhich v�ijl w aWett to the fltutl invoice unk-ss dccluryaseteiniiitk% the
13Ter,
f Or P 1s Q * S sir () 9 IS - b I Ite it P tie: 69. 11 OicInI4 incl VIcles d w, W t# n ,a" Cek'QnJ o' -r 4t n,l\-] I I c h'th' e Tian- ket is - 0o S, . :d- pricing
%ill'A he tho prior cahmdar day on mlikh the market is k)p,n.
Nnfitt.Addresses-
$4ie6-.
Charoii Pnoduct, Lmnpuny
Alin! Bri in (4,oincs, Cieric-41 11-anager
14A11 1 ,—. Cr......
ljqtCr;
PORT CONNSDIA) k I U) 1\('
Ann.Don C;Wwn
t I I i Cr 1 4,1-1j tX`$-Xfl IV
rT. I-Ati DF RVALE, 1: 1. .1-1.316
US
Tel: i goo) 6C,-5823 m 233
Prcdttei Salt; Contract i eszliert C11-0200-08)
REV C)-; 1'-, 14
TR 12915 - Exhibit 2
PrOduct Sales Contract (Rvselker)
TR 12915 - Exhibit 2
PETROLEUM PRODUCT SALE AGREEMENT
[Unbranded -Term -hack]
This Petroleum Prot nct Sate 4,;reenievt ("A reeM errt"), dated to be effective as of October '1,
2016 (the "Fffeefii- hate"). is entered into by and between PORT CONSOLIDATED, INC., a Florida
Corporation ("Buj7er"), and INDIGO ENERGY PARTNERS, LLC, a Georgia limited liability company
("Seller"). Each of Buyer and Seiler is referred to herein individually as a `"Partyf' and colle.ctively,,as the
"Parties."
I> Tenn. The term of this Agreement (the "Tern+"), shall be from the EffectiveCate through
September 31, 2017 ('the "E.rpiration Bate")..
2 Purchase and Sale. Seller agrees to sell and deliver to Buyer, and Buyer ragrees to
purchase and receive from Seller, the product or products described on Exhibit A (collectively, the
"YProdttcts", and each individually, a "Product"), in accordance with the terms and provisions of this
Agreement, Seller's obligations under this Agreement are expressly conditioned upon Buyer satisfying;
Seller's credit and other financial requirements,
3 General Terms and Conditions, The general terms and conditions set forth on the attached.
Exhibit B are incorporated herein for all purposes.
4 Volume Requirements: Delivery Point, Exhibit A attached hereto and trade a part hereof
designates the monthly ratable volumes (the "Atmiddy fi )ltar:e' }, and total aggregate gallons (the ..Total
Volume") of each Product that Buyerhas agreed to purchase under this Agreement, and further designates-
the: location (each, a "Deffitery Paint") where. each Product will be delivered FCA to Buyer. During each
calendar trinath during the 'Perm, Seller agrees to sell, and Buyer agrees to purchase, not less than 90%
and not more than 110% of the Monthly Volume at each Delivery Point (the "Valuate ange"), which
shall "be ratable on a daily and weekly basis; and Buyer will not be allowed to purchase from Seller, and
Seller will not be required to sell to Buyer, more than 110% of the ratable weekly portions of, or more
than 110% of the ratable daily portions of the Monthly Volume. The volume of Product purchased will
be determined solely by the amount set forth on the net bill of lading generated at the Delivery Point, The
Monthly Volume may be adjusted from time to time upon mutual agreement; provided, however, in such
case a formal amendment to this Agreement is not necessary.
S. Price. and Payment. Buyer agrees to pay Seller, at the prices specified therefor on Exhibit A
(the ", Price"), far all Products purchased under this Agreement within ten (10) -days after the date of the
relevant bill of lading. Notwithstanding anything to the contrary contained herein, or contained in any
other agreement between the Parties, Buyer, shall pay to Seller on demand amounts equivalent to any and
all (collectively, the "Fees "): Taxes, duties, charges, and fees, and any and all increases thereon which
are now or hereafter unposed, directly or indirectly, on, against, in respect of, or measured by the
Products, or any material contained in the Products, or the inspection, production, manufactures sale,
purchase, storage, transportation, delivery, or other handling of the Products or material contained in the
Products, or any feature thereof, or otherwise relating to this Agreement. Fees are not included in the
Price and will be billed as a separate ,tine item on each invoice.
6. Termination. This Agreement may be terminated by either parry upon thirty (30) days
written notice.
T R Lability. In addition to any other rights that Seller may have under this Agreement as a.
result ofBuyer's #'allure to purchase Products within the Volume Range, if Buyer falls to purchase at least
TR 12915 - Exhibit 2
90%' of the Monthly Volume for a given Product at a given Delivery Point, at Seller's sole discretion,
upon written notice to Buyer (the " UnderfiftVgicr-), Seller may reduce dic Monthly Volume thereafter
required to be sold and delivered by Seller to Buyer to the actual amount purchased by Buyer (the
"Adjusied Monthly Yolunte"), which amount will be stated in the Undertift Notice,
8, Miscellaneous.
I It Notices. All notices required by, permitted by or otherwise related to this Agreement
shall be in writing and sent by facsimile, overnight courier, hand, registered or certified mail. return
receipt requested with all postage fully paid to the relevant Party at the address set forth below the
signature block below, A Party may change or provide additional notice information to the other by
giving notice in accordance with this section. A notice shall be deemed to have been received by a Party:
(i-) if delivered by hand or sent by ovemight courier, on the day of delivery if a Business Day, or if not a
Business Day, on the immediately following Business Day, (ii) if sent by registered or certified mail,
return receipt requested. on the date of receipt, and (iii.) if tratisraitted by facsimile, at the time of
transmission with answer back confirmation of receipt.
b. C01111tel-pal.",., Facsimile Signatures, The Parties may execute this Agreement in multiple
counterparts, each of which constitutes an original. and all of which. collectively, constitute only one
agreement. The signatures of all of the Parties need riot appear on the same counterpart, and delivery of au,
executed counterpart signature page by facsimile or electronically scanned transmittal (including via
electronic mail in portable document format) is effective execution for ail purposes tinder this Agr
eement:
tsLpialares conimence onfollowing pqg,-]
TR 12915 - Exhibit 2
Bu-ver and Seller have executed this AC,-,recinew to be effective for all purposes as of the Effective Date.
Notice to Birver:
Port Consolidated, Inc.
Attn: Don Carlton
P,O. Box, 350430
Fort Lauderdate. FL ' )3335-0430
Fax: (954) 527-11,91
hf)(13547 k 2
SELLER:
EN"DIGO ENERGY PARTNERS, LLC
Bv.
Nam c: David Mansfield
T -- jtic� Director of Sales
-Notice to Seller:
Indigo Energy Partners, LLC
Attn: 46k-e-� ?4cy David Mansfield
P.O. Box 2535
Gainesville, GA 30005
Fax: (678) 9284925
[Signature Page to Petroleum Product Sale A
pareement]
TR 12915 - Exhibit 2
EXHIBIT r1
TO
PETROLEUM PRODUCT SALE AGREEMENT
Certain Detlnitions.
PLAITS = Platt's Oiluram Price Renort,
Same Dav = Quote torthe day of &l very°, except for -wccl end or 0aliday da} s, for }cinch the most recently
published relevant uotc will applv
befit ry Point
Product
Price Per Gallon
Month
Volume
(in canons)
.101-5 - US 1044;4-dFPRT
EvIldiFL-MOT Depot
i.rN i11" 2D (S-15 PPM)
OCT
1,050,000
NOV
1„050mo
DEC
1,050000
JAN
1.050.000
FEB
1.050.000
NIAR
1,050.000
APR
1.050,@0D
ttV 1L?1J(s-i5PPX1)DYED
MAY
1.050.000
JUN
1,030,000
JUL
1.050,000
AUG
1,050,000
SEP
E050000
Total
11600e000
'" Stiller may increase these adders duringthe Term if and to the extent t}uat Setler`s actual secon lary costs increase after the
Fffectivc Date, but must give Buyer at feast 30 days' notice of any changes before they become effective,
[Etid of Exhibit A]
TR 12915 - Exhibit 2
Consol'idated
3141 SE 14th Ave - P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone: (954) 522-1182
Fax: (1954) 527-1191
ToR Free: (800) 683=5823
.January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Obligations of Co -Op Participants— UNLEADED GASOLINE & DIESEL FUEL FORSOUTHEAST FLORIDA
GOVERNMENTAL COOPERATIVE GROUP
Dear Mr.English;
Per the terms of the RFP, the following is a brief description of the obligations of the Co-op participants.
1. All Participants' storage tanks must be registered accordingly with all local code enforcement agencies,
2. Participating agencies can order fuel Monday through Friday from 7:30 AM to 5:00 PM.
3, Orders will be accepted via phone, fax, or e-mail. Automatic deliveries and/or weekly top -offs are
recommended for tankwagon deliveries.
4Orders in by 3 PM are guaranteed next day service.
5. Port Consolidated expects Co-op participates to pay within the defined terms of the agreement, Failure
to do so may result in refusal of service.
6. Port Consolidated does not have volume purchase requirements for participating agencies, However, if
an agency does not purchase product on a regular basis, we cannot guarantee supply during an
emergency situation,
Should you or the City of Pompano Reach Purchasing Division have any questions on this proposal, please feel
free to contact me at any time.
Sincerel
on Ca
President
Port Consolidated
Miami - FtLaudarciale - Writ Palm Reach - FtYieme - Orianda - Jacksam4e - Tampa
www.portconsokfalad,cam
TR 12915 - Exhibit 2
9 SEE--XIEL—Al
A 14411NEW
onsofild'ated
3141 SE 14th Ave, • P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone: (954) 522-11,82
Fax: (954) 527-11-91
Toll Free- (800) 683-6823
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Contingency Plan of Action— UNLEADED GASOLINE & DIESEL FUEL FOR 5OUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP
Dear Mr, English:
Per the terms of the RFP, the following is a brief description of our Contingency Plan of Action.
1. Port Consolidated has contracted with 3 different suppliers in Port Everglades for approximately 4
million gallons per month of diesel and 825K gallons per month of gasoline.
1 Port Consolidated has contracted with 2 different suppliers in the Port of Tampa and Orlando for
approximately 2.25 million gallons per month of diesel and 375K gallons per month of gasoline.
3. Port Consolidated also has active accounts in Port Everglades with 7 other suppliers.
4. Port Consolidated operates 13 different petroleum storage facilities in Florida that can hold up to 3
million gallons of product.
S. Port Consolidated has more rolling assets than any supplier in the State of Florida. We have the ability to
shift those assets from one market to another depending on where the emergency needs arise,
6, Port Consolidated fills any/oil petroleum .storage available throughout its network prior to any named
storm. This storage capacity will allow us continuous operation while the other terminals are not
releasing product.
7. Port Consolidated operates 9 offices throughout the State of Florida. We have computer servers stored
at a hurricane proof facility in Dade County. Our office can function from any one of our offices
throughout the State.
8. 'Port Consolidated has 6 satellite phones to vtilize during times of crisis when AT&T is not operating.
9. Port Consolidated has a fleet of mobile generators in stock to position at any of our locations, that may
experience a power outage.
MarW - Ftlauderdale - West Palm Beach - H-Pierce - OriandG - Jacksavville - Tan"
www-partconeakuw-Cpe,
TR 12915 - Exhibit 2
3q
L1FCXnso*IIi?dsa,-ted
3141 SE 14th Ave. - P.O. Box 350430
FL Lauderdale, FL 33335
Phone, (954) 522-1182
Far. (954) 527-1191
Toll Free; 1(800) 683-5823
10. Port Consolidated operates 6 different Cardlock facilities (private fueling stations,) throughout the Tri-
County area. These facilities are not open to the public. They do require card activation through the CFI
network,
11. Port Consolidated has the ability to pull product from all other Florida Parts should Port Everglades
become incapacitated.
These 11 simple steps should allow us to function properly throughout a time of crises,
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel
free to contact me at any time.
Sinc r
c, ar
President
Port Consolidated
Warni - FtIauclerdafe - West Palm Beach - PLIPIetee - 0dando - Jacksonville - Tampa
www.portconsolklated,com
TR 12915 - Exhibit 2
COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE
ESID SYSTEM. PROPOSERS ARE TO COMPLETE FORM IN ITS ENTIRITY AND INCLUDE
THE FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE
ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM.
PROPOSER INFORMATION PAGE
RFP E-13-17 Unleaded Gasoline and Diesel Fuel for Southeast Florida Purchasing Cooperative; Group
(number) (RFP name)
To: The City of Pompano Beach; Florida
The below- named company hereby agrees to furnish the proposed services under the terms
stated subject to all instructions, terms, conditions, specifications, addenda; legal advertisement,
and conditions contained in the RFP, i have: read the RFP and all attachments, including the
specifications, and fully understand what is required. By submitting' this proposal, I will accept a
contract if approved by the City and such acceptance covers all terms, conditions, and
specifications of this proposal.
Name (printed) Don Carlton Title President
Company (Legal Registered) Port Consolidated
Federal Tax Identification Number 59-1 1 73292
Address 3141 Se 14th Ave.
City/state/Zip Fart Lauderdale, FL 33316
Telephone No. 800-683-5823 Fax No. 954- 7-1191,
Email Addrestut;arlton@portconsolidated.com
TR 12915 - Exhibit 2
RFP E-13-17
UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST
FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP
ATTACHMENT "A"
SPECIFICATIONS & REQUIREMENTS
The table included in Attachment "B" provides information from each Participating Agency as
regards the size, type and location of fuel storage tanks and their estimated monthly usage of the
various fuels included in this Request for Proposals.
I. SPECIFICATIONS
1.1 Successful Proposer will sell to all participating agencies the following products (the
"Products"):
'*Ultra Low Sulfur diesel": No, 2 Ultra Low Sulfur, on -road, clear, ta."ble diesel
fuel per ASTM D975-08a specifications. or latest revision.
"Ethanol Gasoline", 10% Ethanol blended gasoline per ASTM D4814-07b
specifications, or latest revision.
J.-I Additional, Optional Fuel Products:
* Midrange Unleaded Gasoline: Minimum Octane of 89.0
* Ultra Low Sulfur #2 Red Dye Diesel
* "5% Biodiesel Fuel": Ultra Low Sulfur 5% Biodiesel blended fuel, on road, clear,
taxable diesel fuel. The 13100 will conform to ASTM D6751-08 or latest
revision,
* "20% Biodiesel Fuel": Ultra Low Sulfur 2011/o Biodiesel blended fuel, on -road,
clear. taxable diesel fuel. The 13100 will conform to ASTM 36751-08 or latest
revision.
* E85 Fuel Ethanol: Shall conform to the chemical and physical standards for fuel
Ethanol as set forth in the ASTM International Designation D5798-99,"Standard
specification for fuel Ethanol (Ed 75-Ed85) for Automotive Spark -Ignition
Engines".
13 The products supplied as a result of this Request for Proposals must conform to the
specifications of the State of Florida and comply with all Federal, State and local laws
and regulations as applicable on date of delivery.
page I of 9
TR 12915 - Exhibit 2
2. PRICING METHODOLOGY:
2.1 Prices proposed are to be F.0.13, delivered expressed as a positive or negative ditTerential
from the applicable daily OPIS price published in the "OPIS Contract Benchmark File"
as described herein for the date of defivery cif product to the Participating Agency and
are exclusive of all Federal. State and County Excise taxes and fees. Any other
applicable taxes and fees shall be added at the time of invoicing, See Paragraph 3.
TAXES .
Item
Description
Transport Delivery
Tank -wagon Delivery
No.
Differential Proposed
Differential Proposed
0 4 -) 0
per gallon*
per gallon*
1
87 Octane Unleaded
$ a) 0. 00
$ A2Y Y
2
Diesel Fuel #2 Ultra
$
Low Sulfur
3
Lump Su
/each
$ CZ .... . . ..... . . leach
Additional Delivery
Charge for Deliveries
beyond 30 mile
radius of Port
Everglades only.
* Calculate differential proposed to fourth decirnal point, Differenti-al proposed to remain finn during
initial contract period and anv reneNval period.
Note, If your proposal is contingent on your firm being awarded a contract for all products and
all delivery inethods.,,Proposer must indicate this condition in the proposal response.
2,-2 Pricing of Unleaded 87 Octane Gasoline is to be proposed using the following
methodology:
Daily Published OPIS Gross CBOB Effianol 10% Unleaded Unbragded Rack Average
Price (For the applicable Reid Vapor Pressure - RV on the date ofdelivery of product at
the rack)
EW
Positive or Negative differential, proposed for 87 Octane Unleaded on Proposal Fon-n,
Paragraph 6. (Differential to be, constant regardless of the applicable RVP.)
2.3 Pricing of Ultra Low Sulfur Diesel #2 is to be proposed using the following
methodology:
Daily Published OPIS Gross Ultra Low Sulfur Distillate No. 2 Un "ra ded Rack Average
prices.
Page 2 of 9
TR 12915 - Exhibit 2
Plus
Positive or Nega
tive differential proposed for Diesel Fuel 42 Ultra Low Sulfur on
Proposal Form, Paragraph 6.
2.4 The price proposed with differential shall include the vendor's cost of product. vendor's
profit. the cost of delivery within a 30 mile radius of Port Everglades. and any and all
other costs. A lump sum. additional delivery charge only applicable to deliveries beyond
a thirty (30) mile radius of Port Everglades may be proposed on the pricing sheet. Within
the thirty (30) mile radius of Port, Everglades the proposed costs must include delivery
regardless of the actual varying road miles required to be driven to make deliveries within
that radius to each tank location. The differential proposed for Unleaded Gasoline and
Diesel Fuel or gnv additional fuel products shall not change during the initial term of the
contract or any renewal periods. No other charge
s shall be added, Differential must be
expressed in dollars and/or cents per gal Ion.
C�
2.5 The selected proposer shall advise the Lead Agency of all available Federal or State
credits and discounts available on all fuel types being purchased herein. The selected
proposer shall apply all applicable credits and discounts to the price charged to the Co -Op
and identify and reflect the discount on, the applicable invoices, (Note: the applicable
credits and discounts will be incorporated after award and shall not be reflected in the
Price proposal Schedule-,)
2.6 Alternative Fuels
Considering the dynamic nature of fuel technology and the growing dernand for
alternative fuels, the Co -Op reserves the right to add any alternative fuel to the fuel types
required. '*A'hen such a need arises, the Co -Op shall contact the selected Proposer to
detennine if the selected proposer has the ability to provide or obtain the, alternative fuel.
The Co -Op shall provide the selected Proposer with information on the fuel type, the
technical specifications of the fuel, the acceptable operating parain, eters, the estimated
quantities, delivery requirements, and any other relevant information available. The
selected proposer shall submit a written price offer for the supply of the alternative fuel
for the Co-Op*s review and approval.
However, if the selected proposer is unable to supply the alternative fuel type, or the Co -
Op does not accept the selected proposer's price offer, the Co -Op shall have the right to
purchase the alternative fuel elsewhere.
2.7 Additional Fuel Products: Proposers may submit under a separate cover a price proposal
,on the following fuels. Proposers must outline the Pricing Methodology for each
additional fuel product proposed.
Item No. Description
I Midrange Unleaded $9 Octane
2 Recreational Unleaded 90 Octane
Page 3 of 9
TR 12915 - Exhibit 2
a
4�
3
Ultra Low Sulfur 92 Red Dve Diesel
4
Biodiesel Fuel B5
5
Biodiesel, Fuel B20
6
E85 Fuel Ethanol
TAXES:
3.1 The agencies listed herein are counties, municipalities or subdivisions of the State of
Florida and, are exemptErorn Federal Gasoline and Diesel (excise) Road taxes and Florida
Sales Tax.
3.21 Proposals will be considered only from Proposers who do not require the payment
of these taxes.
SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT:
4.1 The City reserves the right. based on mutual agreement with the successful proposer, to
substitute an alternate method for price adjustment for a specified, negotiated
period of time
A. An interruption in the OPTS Index is experienced beyond existing scheduled
holidays (independence, Day, Christmas, etc.). or
B. The listing, of prices for the OPTS Index are interrupted or modified to a degree
which would require alteration of the computation formula to -determine a fair
price., or
C. The use of the OPTS Index prices becorncs non -representative of the market.,
D. The, Successful Proposer provides clear and convincing proof that market
conditions unrelated to the OPTS Index have been materially altered from those
that existed at the time of award or renewal of contract. Such,proof may consist
of contracts with suppliers, invoices or published indexes, etc.
4.2 The City may, if deemed to be in the City's best interest, elect to modify the pricing
methodology in the situations listed above in the following manner using any nationally
recognized, published benchmark or index.
The firm markup or discount will include the vendor's cost of product, profit, delivery
costs and any other costs. The firm markup or discount for Unleaded gasoline or Diesel
shall -not chanIM during the negotiated term of the contract amendment. No other charges
shall be added.
Page 4 of 9
TR 12915 - Exhibit 2
43 The City may also negotiate a per transport or tank, wagon delivery surcharge. if market
conditions necessitate such a solution.
4.4 If it is -determined by the City to be in its best interest to substitute an alternate method for
price adjustment as specified above, the contractor(s) will be notified thirty (30) days
prior to the effective date for the alternate adjustment. If an alternate price adjustment
method's not acceptable to all awarded contractor(s), the City may cancel this contract in
whole or in part by giving the contractor(s) ninety (901) days prior written notice.
5. INVOICING
5.1 All in -voices shall be provided to each participating agency via an electronic method
within twenty-four (24),hotirs of date of delivery of product. Each invoice Shall reference
the date of the applicable published OPTS price for that day with the appropriate
differential as per the contract. Successful proposer shall list separately on invoice each
individual non-exempt tax/fee and the amount of the differential.
6. ORDERING &PAYMENT,
6.1 Each participating governmental agency will, based on the award of contract made by the
Lead Agency and with the same prices. ten ' -ns, and conditions establish its own contract
with the successful proposer(s) in a manner acceptable to the successftil proposer, will
issue its own purchase, orders; will require separate billing and will issue its own tax
exemption certificates as required by the successful proposer.
6.2 The City of Pompano Beach Purchasing Division will furnish a copy of proposers list and
C�
any -other information submitted with the proposals to all participating agencim
63 Payment will be made by each Parficiporing Aggency within fifteen (15,) calendar days
from delivery of product at Participating Agencies location via wire transfer to seller'
account and bank, as indicated on the invoice.
6.4 It is understood and agreed that the City of Pompano Beach is not a legally bound patty
to any contractual agreement made between any other agency and the successful proposer
as a result of this Request for Proposals.
,6.5 After award of contract(s), to successful proposer(s) the City reserves the right to issue
purchase orders in accordance- with the terms of this contract.
7. Reporting Requirement
The selected Proposer shall submit to the Lead Agency Fuel Purchasing Report on a monthly
basis. The fuel Purchasing Report shall include fuel volume totals by fuel type for each
participating agency. The report shall also include a "Grand Total" (year-to-datc) fuel volume
for all Participating Agencies for each -fuel type, The required 'fields are the fallowing:
• Reporting Period (specify month)
• Participating Agency
T-N, ga e 5 of 4
TR 12915 - Exhibit 2
• Delivery volume (do not round off reported volume amounts. allow volumes to be
reported up to as many decimal places as needed).
• Subtotal volume (per iuel type for each Participating Agency)
• Cumulative Total Volume Year to Date (per fuel type for all Participating Aggencies)
• Note regarding fuel types: report must specify the ethanol and biodiesel blend being
delivered.
The Fuel Purchasing Report shall be sent in electronic fon-nat (Excel format preferred) via email
to: purecasing;copbfl.corn.
8. DELIVERY REQUIREMENTS
For the purposes of this section the term Carrier shall mean the Seller or an independent
contractor hired, by the Seller for the delivery of fuel to the Participating Agencies.
8.1 LEGAL REQUIREMENTS:
A. Compliance with L4ws and Codes; 'Federal, State. County, and local laws,
ordinances, rules and regulations that in any manner, affect the terms covered herein
apply. Lack of knowledge by Carrier shall in no way be a cause for relief from
responsibility. The Carrier shall strictly comply with Federal, State and Local
building and safety codes. Equipment shall meet all State and Federal Safety
Regulations.
B. Independent Contractor Relationship: The Carrier is, and shall be, in the
performance of all work, services, and activities under the Agreement, an
Independent Contractor and not an employee, agent', or servant of any Participating
Agency. All persons engaged in any of the work or services performed pursuant to
this Contract shall at all times, and in all places, be subject to the Carrier's sole
direction, supervision, and control. The Carrier shall exercise control over the means
and manner in which it and its employees perform the work and in all respects the
Carrier's relationship. and the relationship of its employees, to any Participating
Agency shall be that of an independent, contractor and not as employees or agents of
any Participating Agency.
C. Certifications, Licenses and,Permits: Carrier shall provide a copy of all applicable
Certificates of Competency issued by the State of Florida in the name of the Carrier.
It shall also be the responsibility of the Carrier to submit prior to commencement of
work a current Occupational License and all permits required to complete this
,Contractual service at no additional cost. It is the responsibility of the Carrier to
ensure that all required certifications, licenses and permits are maintained in force and
current throughout the term of the Agreement.
9. DELIVERYIESPONSE TIME:
A. Delivery shall be required within twenty-four (24) hours unless an alternate delivery date has
been requested by the Part icipatingAgericy.
Page 6 of9
TR 12915 - Exhibit 2
B. Daily order-, shall be placed by e-mail from a participating agency representative by 10;00
aan.. Mondav through Friday.
C; Deliveries shall be made within 24 hours of order placement unless the participating agency
specifically requests otherwise as indicated on the order, in which case. requested delivery
date and tune shall become the required delivery time,
D. Orders placed on Friday shall be delivered no later than 5.00 p.m. the following Monday,
unless the participating agency specifically requests otherwise, in which case-, requested
delivery date and time. shall become the required delivery time. The participating agency
shall not require the carrier to deliver on Sunday's (except for declared emergency situations').
E. A transport load shall be defined as no less than 7,500 gallons of Ethanol blended or regular
gasoline or no less than 7,000 gallons of Ultra Low Sulfur Diesel or 5% biodiesel fuel or
200/,o biodiesel fuel.
F. The Participating Agencies reserve the right to split any load between 110 more than two
delivery sites for their agency.
G. If the carrier is unable to meet the delivery requirements, it shall be the responsibility of the
carrier to notify the participating agency within 2 hours of the delay OCCUrring so that the
V
participating agency can determine if it needs to transfer fuel between its sites to cover delay.
C� -
H, At time of delivery, carrier shall present a delivery ticket/bill of lading to a participating
agency representative, or if requested, deliver document to a specified location. The
delivery ticket./bill of lading shall include,-
• Bill of lading number.
• Name of supplier and carrier.
• Date and time of delivery.
• Type of ftiel delivered.
• Gross gallons and net gallons delivered.
• Inches in fuel tank, before and after delivery,
• Driver's signature.
• Sis participating agency employee receiving delivery, unless otherwise
gnature of participad
indicated.
Delivery address.
L Carrier shall be adequately equipped, staffed, and supplied to, promptly, and'efficiently,
Furnish, deliver, and, dispense, all products that are submitted at various facilities.
J. Carrier shall have the ability- to rill above -ground tanks.
K. Carrier shall be fully responsible for any and/or all actions of their employees that require
clean up or ground sterilization as the result of ail "improper" delivery, Carrier shall have
and shall maintain those types and quantities, of materials necessary to contain spilled
Page 7 of 9
TR 12915 - Exhibit 2
product(s). Carrier shall be responsible for prompt and thorough cleanup of all spillage, as
per EPA specifications, and for any agency fines or fees that result from contamination.
L. Discovery or occurrence of a spill, on overfill, excess water in the tank, suspected
contamination of surrounding area, suspected tank failure, or any other indication of
chemical release shall be immediately reported by the Carrier to the participating agency.
Where the event is directly or indirectly the result of carrier's actions, die carrier shall also
affect containment and initiate cleanup immediately.
M, All transport truck deliveries will be temperature adjusted to 60 degrees F in accordance with
the latest edition of the American Society for Testing and Materials (AsTm) Table 6B.
I -
Volume 11, Petroleum Measurement Tables. Delivery tickets and invoices shall reflect the
net gallons delivered after temperature compensation.
N. Any Tankwagon deliveries will be metered in gross gallons and invoiced in gross gallons.
0. Agencies will accept fuel from trucks with sealed State approved and inspected meters,
Trucks that have State of Florida Department or Agriculture and Consumer Services sealed,
calibrated and certified compartment tank volume markers for the petroleum product being
delivered, are also acceptable.
10. SPILLAGE:
A. The Conti -actor and/or his subcontractors making deliveries shall be fully responsible for
any errors or mistakes that require clean up or ground sterilization. Contractor will be
responsible for prompt and thorough cleanup of all spillage per EPA specifications and
for any agencies fines or fees for any contamination that result from improper delivery of
fuel.
11. PRIORITY DELIVERIES:
Preference of deliveries shall be given to agencies providing emergency relief and response
services and members of the co-op who are participating in this contract, in case of declared
emergencies or natural disasters.
Proposers shall attach an emergency plan that assures continued dielliveries of these
products in case of emergencies andlor when additional quantities- may be required.
12. WORK SITE SAFETY/SECURITY:
The carrier shall at all times guard against damage or loss to the delivery site property, the
Carrier's own property, and/or that of other contractors, and shall be held responsible for
replacing or repairing any such loss or damage. When applicable, the Carrier shall provide
fences, signs, barricades, flushing lights, etc. necessary to protect and ensure the delivery site(s)
and insure that all county, State of Florida. OSHA, and other applicable safety regulations are
met. Additionally, carrier shall provide for the prompt removal of alldebris from delivery sites.
All participating agencies may withhold payment or make such deductions as deemed necessary
Page 8 of 9
TR 12915 - Exhibit 2
to ensure reimbursement or replacement for loss or� damazze to property through negligence of the
Carrier or its wrents_
13 ADDITION OF DELIVER SITES:
Each Participating Agency shall be able to add delivery sites to the attached list, with 7 days
Notice to the seller.
Page 9 of 9
TR 12915 - Exhibit 2
& —FPC04 OWN A,
nsolid-lated
3141 SE 14th Ave. - P.O. Box 350430
Ft. LaudeTdale, FL33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free: (800) 683-5823
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FIL 33060
Additional Products — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP
Dear Mr. English:
Pei• the terms of the RFP, please see below quote for Additional Fuel Products:
Item
No,
Description
Transport Delivery
Differential
Proposed
Tankwagon
Delivery
Differential
Proposed-
1
Midgrade UNIL 89 Octane E-10
+0,099
+0.199
2
Recreational Unleaded 90 Octane
+0-099
+0.199
3
Ultra Low Suifur #2 Red Dye Diesel
+0A49
+0349
4
Biodiesel Fuel B5
+0.049
+0.149
5
Biodiesel Fuel B20
+0.049
+0.149
6
E85 Fuel Ethanol
..10 under 87E10
10 under 87E10
7
Biodiesel Fuel B5
.01 under ULSD
.01 under ULSD
8
Biodiesel Fuel B10
.015 under ULSD
.015 under ULSD
9
Biodiesel Fuel 820
.02 under ULSD
.02 under ULSD
10
Premium UNL 93 Octane E-10
+0.0991
+0.199
We will utilize the same OPTS Unbranded Rack Index as outlined in Section 2 of the RFP,, "Pricing,
Methodology".
Miami- Filaudardale • Viest Palm 8mch *FLPlarce - Wanda • JackSMOO'Taml;)a
WWW,P0rtQGr=#daAad,CdM
TR 12915 - Exhibit 2
19111�
nsolidated
C3141 SE 14th Ave, - P.O. Box 350430
Ft. Lauderdale, FL33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free: (800) 683-5823
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal,
please feel free to contact me at anytime.
Sincer
n
President
Port Consolidated
Miami • Ft Lauderdale - Weal Palm Beach - FtPierre - Orlando • Jacksonville -Tampa
WWW.Podcon&oWated.com
TR 12915 - Exhibit 2
sofidated
& 3141 SE 14th Ave. -P.O. Box 350430
Ft. Lauderdale, FL 33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free: (800) 683-5M
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Alternate Proposal — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL
COOPERATIVE GROUP
Dear Mr. English:
Please be advised. For those municipalities that wish to haul their own product, Port will deduct $0.01
per gallon from the standard delivered transport offering.
Port Consolildated also has the ability to arrange for "Fixed Price" fuel contracts. These programs will
allow municipalities to budget their fuel costs without having to combat day to day market volatility.
Please see the attached "Fixed Price" Supply Agreement. Pricing or quotes for such programs change
by the minute. We would prefer to quote accordingly if and when the need arises.
Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal,
please feel free to contact me at anytime.
Since
a
President
Rot Consolidated
Momi - FllavderdWe • What Palm ftach - FtPiwcs . OAWWO - J=10*wft - TamPa
W&W4xrtC0nS0k%tWx=
Port Consolidated TR 12915 - Exhibit 2
3141 SE 14 tb Ave. Exh-ibit A
Fort Lauderdale, FL 33335
Petroleum Product
Sales/Purchase Agreement
SUBJECT TO THE TERMS AND CONDITIONS OF THIS SALES!PURCHASE AG, RE EMENT. BUYER AGREES TO PURCHASE AND SELLER
AGREES TO SELL AND DELIVERTHE FOLLOWING PRODUCT(S) AT THE PRICE(S) AND IN THE QUAMMES (1-0 BE PULLED RATABLY
TI-IROUGHOUTTHF DELIVERY PERIOD) AS SET FORTH INIHIS AGREEMENT.
ACCEPTED AND AGREED TO ON
Buyer:
Seller. PORT CONSOLIDATED
Attn:
Attn: JOSEPH R. SISKA
`rifle:
Title: CrO / TRFASUP E
Phone:
Phone: 954-522-1182 -x233
Fax-
Fax: 954-527-1191
By;
By:
Print Name:
Print Name: Donald Carlton. Jr.
Title: Owner
Title- President
1. F.O.B.
Deliver- Point(s)
Morithiv
Gallons
Product
— L9VITICIAL terms: raxmelif .1-4el to nays rrom tiate 01 Dill of tading, All Payments $hall he made in LIS Dollars, Volume shall be determined
solely by the terminal net bill of lading or certified meter reading,
I Term'. 'Me Term of this Agreement steal l be for a period of month& beginning on and ending on
4. fjgc
5. CM& Upon request Buyer will promptly furnish to Seller financial statements. rcfizrence% from banks and trade organizations and any other
information requested by Seller —Buyer represents and warrants that all financial statements or similar documents provided by Buyer to Seller
(previously or hereafter) (i) do or will fairly present in, all material respects Buyer's financial condition as of the date of such doe-uments; (ii) have
been prepared in accordance with U.S, generally accepted accounting principles and (iii) if audited, have been certified without reservation by a firm
or independent public accountants, Seller shall determine a credit limit ("Credit Limit**) for Buyer, Buyer agrees that it shall not contract for
Product(s) in excess of its Credit LimiL Buyer shall have the right to contract for amounts reflecting the dilltrcm.T between the Credit Limit and any
amounts due and owiniz to Seller. Seller in its discretion inav reauire Ruver to make n annd fMtith
6. Taxes/Fees: Buyer acknowledges that taxes and fees are not included in the price set forth above, shall be billed as a separate line item and are
subject to change from time to time without notice. Buyer fitirther acknowledges that it is responsible for paying on demand any and all (a) costs and
c\pumses for transportation from tIhe designated supply prints) et forth herein and (bl taxes, duties, charges'assessments and fees (including without
limitation superfUnd and environmental fees) 'imposed, directly or indirectly. now or hereafter on, against. in respect ol: at measured by the Product(s).
or any material contained in the Producti(,$), or related to inspection, production, manufacture. sale, use. purchase, storage. transportation, delivery, or
other handling of the Products) or material contained in theProduct(s). or any kature thereof. or otherwise relating tdTfAtVA#eckft0,it Tice parties
specifically agree that the preceding sentence shall apply regardless of any other term or condition contained herein or any other agreement between
the parties. Should Buyer claim exemption from any taxes. Seller is under no obligation to verify Such status and Buyer shall indentnify Seller
pursuant to Paragraph 15 in the event Buyer is or was not exempt rrom such taxes.
7. Specification: Per Seller%pecifications.
8. QuantiO.Nolume-, Buyer shall purchase 1001,114 of Monthly Gallons per each Delivery Point. Butter is required to lift Products)ratablyon a
weekly basis at all Delivery Points.
9. Ratable triage: During each calendar month of this Agreement. Buyer is required to lift each Product on a ratable basis by the week at any or all
of the delivery points. The weekly ratable volume for each Product by delivery point is 7/30 of thA. maximum monthly volume(defined as
one twelfth orPurchaser's yearly commitment or otherwise computed on a pro rata basis based on the number of months of this Agreement)
Specified for each delivery point.
10. 12efliult and Remedies: For the purposes of this Agr
eement. Buyer's defitult includes (a) the making of any, false or misleading representation in
this Agreement and (b) the failure to Observe or comply with any provision or covenant in this Agreement. In the event or Buyer-s dcfaUlt. Seller
ritay seek all legal and equitable remedies. including, W ithout limitation. all rights provided by Article 2 of the Uniform Commercial Code. Seiler
may also seek its attorneys- fees. costs and expcases incurred in connection With Rover's default In addition, in the event that any invoice is not
paid when due or Buyer takes delivery in violation of Buyer's Credit Limit. Seller may at its option (it suspend or condition further deliveries or (ii)
terminate this Agreement. without notice or demand. and all unp-aid balances Shall be immediately due and payable. In the event Buyer fails totake
delivery Of any portion of any Products) during the Tenn. including non -delivery as a result of Buyer's default. Buyer agrec's to pay Seller
immediately Seller's lost profits on the undelivered quantity of Product(s). All amounts not paid when due shall bear interest at —% -per annum and
shal I be payablc With all costs or collection. including. without limitation. Seller's attorneys fees. costs and expenses, Upon the occurrence of anti
default. Seller may set off against the indebtedness of any amounts owing by Seller to Buyer, whether or not those amounts are immediately payable.
Seller shall have the right to require the Buyer to take possession of the Product with or without demand and with or Without process or law and the
right to sell or dispose of the Product.
11. Notices: Any notice, request or Other communication required or permitted by or pertaining to this Agreement (-Notices-) shall be in writing and
issued to the addresses as listed above. Notices shall be delivered by (a') by a nationally recognized courier or messenger service with confirmed
delivery. (b) personal service or (e) first class mail prepaid. Notice using the methods set forth, in (a) or (b) shall be deemed effective if delivered
between 9AM (EST) and 5PM (EST) ("Business Hours1 on a day on which commercial batiks are open for business (-'Business Day-): any notices
delivered after Business Hours or on a roan -Business Day shall be, deemed delivered as of 9AM (EST) on the first succeeding Business Day. Notices
y bfirst class prepaid mail shall be deemed received 5 calendar days after matting. Refusal I by a party to accept notice shall not of its validity.
12. A to -nation: Seller. in its sole discretion, may decide to allocate or limit quantities of Product(s) available for sale. In such instance. Seller shall
exercise reasonable efforts to provide all of its buyers With allocations Of PrOdUCt(s) reflecting amounts purchased previously ona regular basis prior
to allocating any Product(s) to non guaranteed quantity purchase customers andlor new customers,
11 Over Lifting: For purchases of Product(s) exceeding the tumunts; set fortli, in Section I above. the Buyer shall be, charged in accordance with
current Port Consolidated delivered prices,
14. Non -Reliance: Buyer represents that is entering into this Agreement as a principal (rather than as age
nt of any personor entity) and has made its
oum independent decisions to enter into this Agreement, Buyer is not relying on any communication (written or oral) of Seller as a recommendation
to enter into this Agreement. Buyer is capable of assessing the merits of and understanding (on its own behalf or through independent professional
advice), and understands and accepm the terms.. conditions and risks of this Agreement
15, )6rgMn : Seller warrants that Product(s) delivered to Buyer will conform to the de5ctiption(s) set forth on page I of this Agreement. This is
Seller's sole warranty. SELLER MAKES NO OT ' H ' ER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
REGARD TO ANY PRODUCT(S) PURCHASED HEREUNDER. ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND SPECIFICALLY EXCLUDED.
I& LIMITATION OF LIABILITY: SELLER DISCLAIMS AND BUYER HOLDS SELLER. HARMLESS FROM AND AGAINST ANY
LIABILITY FOR CONSEQUENTIAL OR OTHER INCIDENTAL DAMAGES. BUYER AGREES TO INDENN TFY AND HOLD SELLER
HARMLESS FROM ANY CLAIMS OF LIABILITY ARISING FROM USE OF THE PRODUCT. W'HE'rHER SINGLY OR IN COMBINATION
WITH OTHER SUBSTANCES. Seller Shall not be liable for darnages. whefliter arising from performance of Seller*s obligations under this
Agreement, tort (negligence), or otherwise fur loss of anticipated profits, loss by reason of plant Shutdown, non -operation or increased expense of
operation. service interruption, claims of customers, cost of money, toss of use of capital or revenue, or for any special, incidental or consequential
loss or damage, Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all liability, losses, damages, costs. claims.
lawsuits, judgmerim settlements and expenses, including without limitation, reasonable attorneys ices, costs and expenses arising or related to this
Agreement or Sellees performance under this Agreement. Buyer assumes all risk, and liability for and shall indemnify and hold Seller harmless from
and against any and all, loss. damage or injury to persons or property (,whether to Buyer or third parties) arising out of the ownership, use, custody,
control or disposition of the Product(s) by Boyer, its agents and employee.,, or by an), third parties.
17. Risk of Loss and Title: Identification or the Produegs) shall occur the Agreement is effective, Risk of loss passes to Buyer on identification.
Title of the Product(s) shall pass to Buyer on physical possession.
18, Defects. Buyer shall within I days advise Seller of any alleged defect or failure to conform with speeification& If the parties agree that the
Seller is responsible. at Sellers option (a) the defective Product(s) shall Ibe returned at Buyer's expense. proficrly si&T-tiarded against normal transit
2
risks as required by Seller, for replacement by Seller or (b) the parties shall negotiate a mutually acceptable amoTfAr1&9*-10M&a from the
Agreement price, the payment of which shall operate as a full release of Seller. Buyer's failure to notify Seller of any ;alleged defect or failure to meet
specification within 2 days shall constitute a complete waiver of any claim withrespect to defects or failure to conform and Bu}er's release: and
covenant not to sue Seller wwith respect to any such claim.
19, Accg ip ance: Buyer's acceptance of delivery of Producti(s) shall constitute irrefutable ew idenceof its agreement to the tenets anti conditions set
forth herein.
20. Responsibility to Warn and keporgy: Buyer assumes all responsibility for (a) warning and protecting its personnel and any third parties ofall
hazards to persons and property related to die Product(s) and tb) complyin' with all relevant reporting obligations antler the Emergency Planningand
Fight to Itnoww Act of 1986, �42 LISC` Sections 110 1-11044 resulting from the presence ofchemicals under this Agreement.
i Applicahle L.aww/Forum/Jury Waiver: This Agreement is governed by and shall be construed tinder the laws of the State of Florida wwithout.
reference to conflicts oflaws rules or principles. With respect to ally suit. action or proceedings relating to this Agreement (-*Proceedings"') each
Party irrevocably (a) submits to the esclusive,iurisdiction of the courts of the State of Florida and the United States District Court located in 13rrowward
County,: (b) waivesany objection that it may have at any time to the lazing of venue of any Proceedings Brought in such court. (c) waives anti, claim
that such Proceedings have been brou fit in an inconvenient forum and td) further wvalves the rig-dit to obiect, with respect to such Proceedings., that
such court does not have jurisdiction over such party, INSOFAR AS PERIMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY
AND ALL. RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING IN CONNECTION WITH THIS AGREEIM NTAND
ACKNOWLEDGES THIS WAIVER I5 A MATERIAL INDUCEMENT TO `f14E OTHER PARTY'S ENTERING INTO T141S AGREEMENT.
The prevailing party in any litigattion between the parties shall be entitled to receiver reasonable costs including external anorneys fees.
22. t> iverr No waiver by either Party hereto of a breach of an obligation owned hereunder by the other shall be construed as a vvitiver of arts tither
breach, whether of the saute or of a different nature. No delay or taiture on either ParWs part to enforce any right or claim. which it in;\, have
hereunder, shall constitute a waiver on the respective Parh's part of such right' or claim. All rights and remedies arising under this Agreement as
amended and trodit ed from time to time are cumulative and not exclusive of any rights or remedies which may he available at law or otherwise
23. Assi r °rent: Neither Party shall assign this Agreement without the consent of the other Party hereto. Any such attempt to.assign this Agreement
shall be null and void. Nothing herein shall confer or is intended to confer on any person or entity which is not a party to this Agreement any rights or '
benefits under this Agreement.
24, Amendment: This Agreement shall not he modified or amended. except by written instrument duly executed by officers or other duly authorized
representatives of the respective Parties. Notwithstanding: the foregoing, Buyer agrecs that Seller May modify the terms of this Agreement at any
time to comply with changes in applicable law, Acceptance or acquiescence in a course of perlurm ance rendered shall not be relevant to determine
the meanings of these terms and conditions. Notwithstanding- any provisions therein to the contrary. any terms and conditions in a iluycr's purchase
order, cortfirmattion. acknowledgement form or other document issued by the Buyer that conflict With this Agreement or increase Seller's obligations
are rejected and shalt neat be binding on Seller unless expressly accepted by Seiler in writing.
25. Severability: Any, provision hereof which is legally unenforceable shall be ineffective only to the extent of such t nenforceability without thereby
invalidating the remaining provisions hereof or af'fectia g the validity- of enforceability of this Agreement a.; a' wvbole,
M. Entirc Agreement: This Agreement contains the entire agreement and understanding between the Parties with respect to the suhiect matter hereof,
and there are no rather promisees. representations, or warranties affecting it;
27. Force Maieute: in no event ,shall the Seller be held liable (a) for indirect consequential, punitive. or multiple damages tat (bi for any loss of any
kited caused, directly or indirectly, by federal. state or local haw. order or regulation, government restrictions. war (whether declared or undeclared}:
terrorist acts, insurrection. riots, fires. flooding. strifes. failure of utility services. accidents. -adverse weather or other event% of nature, ter rather
conditions beyond its reasonable contra%
28. lnsnrance; Buyer shalt carry and maintain comprehensive general public liability insurance. including contractual liability. bodily Injury and
property damage, wvorkmen's compensation. and employer-s liability insurance throughout the Term of the: Agreement and ,any, extension of this
Agreement;
29 _rding; Each party may, in its commercially reasonable discretion; raord, on tape or csthcrwvisc. any telephone conversation between the parties
and involvingtheir respective officers agents and employees. and each party hereby agrees and consents thereto.
3O. `I"ime is of the Essence :Tine is of the Psseriee in this Agreement. Failure to meet a deadline shall be a breach.
31. HeadinT Pleadings in this Agreement are for convenience only and should not be used for interpretive purposes.
32. Authority to Sign: Each party executing this ,Agreement is duly authorized to do sea and all entity action pecessarc'tor the- making of'this
.Agreement has been duly taken:
3
TR 12915 - Exhibit 2
ono City of Pompano Beach, Purchasing Division
1190 NX 3rd Avenue, Building C
UNbeacMe
Eforttla's 4Yatrr"oat �valcome Pompano Beach, v Florida 33060
December 22, 2016
Unleaded Gasoline and Diesel Fuel for Southeast Florida Purchasing Cooperative
Gaup
To Whom It May Concern,
Please review the following question and the City's answer.
01: 1 wanted to confirm the volume on the bid as it seems to be a sizable difference
from last year. Last year's volume: 21,434,744 gallons. This year's volume: 3,621,580
gallons. I wanted to make sure we recorded the correct gallons in our system and
communicated it to our bid team.
Al: The aggregate fuel capacity ofthe Southeast Florida Governmental Purchasing
Cooperative Group, which is shown in Attachment 13, represents only one fill -up of all
the tanks owned by each participating Co-op member, Attachment D "Co-op volume
report Jan -Dec 2015" may be more useful for annual volume projections, as it records a
full year's history of multiple deliveries.
0 [We] would like to prepare a proposal for the above referenced bid, However, l
wouldlike to know if we have to bid on all sates, or can we .bid on just the tanker sites?
A2: This is an "all or nothing" solicitation. The successful proposer will be expected
to provide diesel AND unleaded gasoline to all participating Co-op agencies,
Q3: Please provide a copy of the prior bid tabulations, invoice and bill of ladings for
our records for each location with a tank capacity of 5,000 or more.
A3: The previous tcontract, Attachment C' Coral Springs Contract 14-A-035 RFP has
been added to the attachments tab. As the successful proposer will bill, deliver to and
enter into separate contracts with approximately 40 participating Co-op agencies, there
is no single source for the invoices and bills of lading for each of these agencies:
Q4. What are the volumes for this bid, either by agency or total? I need to be able to
judge the commitments that need to be made and realistic projections of what products
will be needed and in what quantity:
TR 12915 - Exhibit 2
Addendum # 1, E- 13-17
A4: Attachment D "Co-op volume report Jan -Dec 2015" has been added to the
attachments tab,
06: What agencies may use their own trucks and what volumes would they require?
AS: Presently, the City of Boca Raton uses their own trucks. Attachment D "Co-op
volume report Jan -Dec 2015" contains a record of their volume.
Attachments C and D have been added to the attachments tab of the electronic
solicitation. Addendum #1 is posted on the City's eBid website:
hftp,.Llpompanobeachfi.ionwave,het, Acknowledge receipt of this Addendum using the
Addendum Attribute on the Attributes tab in the eBid System.
The deadline for receipt of written questions is 6:00 p.m. (local) December 28, 2016.
No further questions will be accepted after this date. Oral and other interpretations or
clarifications will be without legal effect.
The deadline for acceptance of sealed bids in the Purchasing Office, 1190 N.E. 3rd
Avenue, Bldg. C, Pompano Beach, 33060, is 2:00 p.m. (local), January 4, 2017.
The remainder of the solicitation is unchanged at this time.
Since
Jeff English
Purchasing Agent
cc: website
TR 12915 - Exhibit 2
erconsolidated
3141 SE 14th Ave. - P.O. Box 350430
Ft. Lauderdale, FL33335
Phone: (954) 522-1182
Fax: (954) 527-1191
Toll Free: (800) 683-5823
January 12, 2017
Jeff English
City of Pompano Beach
1190 NE 3rd Avenue
Building C
Pompano Beach, FL 33060
Re: Confirmed Cardlock Locations and Pricing
Dear Mr. English:
Please be advised. Port Consolidated has six locations throughout the South Florida where customers
can fuel their vehicles directly from our automated fueling stations. They are as follows:
* 11550 NW 36th Ave., Miami, FL 33167 — Diesel and Gasoline -Mon, through Fri., 7 AM — 5 PM
* 3141 SE 14 th , Ave., Ft. Lauderdale, FL 33316 — Diesel and Gasoline 24/7
& 2301 NW 15th Ave., Pompano, FL 33069 — Diesel and Gasoline 24/7
0 1126 Hammondville Rd., Pompano, FL 33039 — Diesel Mon. through Fri., 7 AM — 5 PM
a 1782 Skees Rd,, West Palm Beach, FL 33411 — Diesel and Gasoline 24/7
V 6951 Garden Rd., Riviera Beach, FL 33404 — Diesel and Gasoline 24/7
Pricing for the above facilities will be the same as our confirmed delivered tankwagon pricing. 1 will send
out Cardlock set-up/activation forms with additional information to the Co-op at a later date.
Should you have any questions or comments, please feel free to contact me at any time.
Port Consolidated
Miami - HlaudwdaCe - Waal Pakn Seacb • KPieroe , Orlando - Jacksonv*e . Tamps
w*w,Wdcom&didatad.cDm
TR 12915 - Exhibit 2
Exhibit C
Rate Schedule
Prices are F.O.B. delivered as a differential from the applicable OPIS price published in the "OPIS
Contract Benchmark File" as described herein for the date of delivery of product to the City, and
Participating Agencies, and are exclusive of all Federal, State and County Excise taxes and fees.
Any other applicable taxes and fees shall be added at the time of invoicing. The differential shall
remain firm during the initial contract period and any renewal period unless agreed to in writing
by both parties. The below pricing also includes the alternate fuels listed in RFP E-13-17.
Item
Transport
Tankwagon
No.
Description
Delivery
Delivery
Differential
Differential
1
Unleaded Gasoline
0.007
0.089
2
Diesel Fuel
0.007
0.089