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City of Tamarac Resolution R-2004-199
1- Temp Reso #10518 Page 1 August 12, 2004 Revision 1 --- 8/26/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF GASOLINE FROM PETROLEUM TRADERS CORPORATION. UTILIZING BROWARD SHERIFF'S OFFICE CO-OP CONTRACT # 4-1-8-066; AUTHORIZING TOTAL ANNUAL EXPENDITURES FOR THE PURCHASE OF GASOLINE NOT TO EXCEED $94,200; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, gasoline is necessary in order to operate the City fleet; and WHEREAS, City of Tamarac Code, §6-154, allows the Purchasing Officer the authority to join with other units in cooperative purchasing when the best interest of the City would be served; and WHEREAS, the Broward Sheriff's Office issued Bid # 4-1-8-066 on behalf of the Southeast Florida Governmental Purchasing Cooperative (hereto attached as Exhibit 1), and WHEREAS, the City of Tamarac is a member of the Southeast Florida Governmental Purchasing Cooperative; and WHEREAS, the Broward Sheriff's Office has awarded Bid #4-1-8-066 (hereto attached as Exhibit 2) to Petroleum Traders Corporation for the purchase of gasoline for the period starting September 1, 2004 and terminating on August 31, 2007 with two (2) additional one (1) year renewal options; and WHEREAS, funds are available for the purchase of gasoline; and Temp Reso #10518 Page 2 August 12, 2004 Revision 1 — 8/26/04 WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that Broward Sheriff's Office Co -Op Bid # 4-1-8-066 be utilized for the purchase of 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 gasoline Utilizing this Broward Sheriff's Office 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. SECTION 2: The appropriate City Officials are hereby authorized to purchase gasoline fuel from Petroleum Traders Corporation under Broward Sheriffs Office Co -Op I •KTOTWEIRMIX51115:lsilY:1 SECTION 3: The purchase of gasoline utilizing the Broward Sheriff's Office Co-op Contract #4-1-8-066 is hereby authorized in an annual amount not to exceed $94,200. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 application, and to this end the provisions of this Resolution are declared to be severable. F 1 I 1 L 1 SECTION 6: passage and adoption. Temp Reso #10518 Page 3 August 12, 2004 Revision 1 — 8/26/04 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 8th day of September, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK P I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S.4KRAF CITY ATTORNEY 7 L JOE SCHREIBER Mayor RECORD OF COMMISSI N VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS EXHIBIT "1" TR•10518 BROWARD COUNTY SHERIFF'S OFFICE 2601 W. BROWARD BLVD. FT LAUDERDALE, FLORIDA 33312 INVITATION TO BID BID # 4-1-5-066 FOR GASOLINE TANKWAGON & TRANSPORT DELIVERIES Issue Date: May 24, 2004 w ee nOLW" w p�F'F KEN Y� BID # 4-1-8-066 GASOLINE TANKWAGON & TRANSPORT DELIVERIES FOR BROWARD COUNTY SHERIFF'S OFFICE & OTHER CO-OP AGENCIES AS SPECIFIED. INVITATION TO BID The Broward Sheriff's Office (BSO) will receive formal sealed bids for "GASOLINE TANKWAGON & TRANSPORT DELIVERIES" until 3:00 p.m. on Tuesday, June 22, 2004. Copies of the Invitation to Bid (ITB) may be obtained online from the following web site: www.sheri.ff.ory,/purchasing or from the Broward Sheriff's Office Purchasing Bureau, 2601 W. Broward Blvd., Suite 3595 (3rd floor) Ft. Lauderdale, FL. 33312 (954) 831-8170. Bids will be opened at the Broward Sheriff's Office, 2601 W. Broward Blvd., Ft. Lauderdale, FL at the date and time indicated above. The initial term of any resultant agreement will be for three years from the date of award with a two (1) year additional renewal options. Renewal options will be based upon performance, availability of funding, and in the best interest of the Broward County Sheriff's Office. Bids received after the deadline noted above will not be accepted. BSO reserves the right to postpone, to accept, or reject any and all bids in whole or in part. All bids must remain in effect for ninety (90) days from the date of Bid opening. RICK TORRES, CPPB PURCHASING AGENT II " GASOLINE TANKWAGON & TRANSPORT DELIVERIES " Invitation To Bid # 4-1-8-066 Index P Vendor letter. Southeast Florida Governmental Purchasing Cooperative Bid Due Date and Time & Submittal Information 1 SECTION I Special Conditions T 2 1. Scope 2 2. Term of the Contract 2 3. Basis of Award 2 4. Delivery and Acceptance 2 5. Pricing 2 6. Pre -Bid Conference 2 7. Insurance 3-4 SECTION II: General Conditions l . Submission & Receipt of Bids 5 2. Completion of Bid Forms 6 3, Signature Required 6 4. Bid Withdrawal 6 5. Signed Bid Considered an Offer 6 6. Default Provisions 6 7. Copyrights and Patent Rights 6 8. Laws and Regulations 6 9. Taxes 7 10. Conflict of Instructions 7 11. Specifications and requirements 7 12. Exceptions to Specifications 7 13. Anti -Collusion Statement 7 14. Indemnification 7 15. Nondiscrimination 8 16. Sovereign Immunity 8 17. Confidentiality 8 18. Severability 8 19. Enforcement 8 20. No Third Party Beneficiaries 8 21. Funding 8 22. Manner of Performance 8 23. Public Records 9 24. Agreement/Contract 9 25. Assignment 9 26. Waiver or Breach 9 GASOLINE TANKWAGON & TRANSPORT DELIVERIES " Invitation To Bid # 4-1-8-066 Index,Pae 2 Pale 27. Termination 9 28. Drug Free Workplace Certification 10 29, Public Entity Crimes 10 30. Governing Procedures 10 31. Identical Tie Bids 10 32. Request for Additional Information or Clarification(s) 11 33, Addenda/Information Letter 11 34. Addenda Acknowledgement 11 35. Statement of "No Bid" 1 I SECTION III: Scope, Specifications & General Requirements I. Scope SECTION IV: Bid Pricine Form 12 1. Bidder Acknowledgement & Bid Pricing Form 13-14 2. Acknowledgement of Addenda 15 3. Conflict of Interest Declaration 15 4, Pending Litigation 16 5. Debarment Statement 16 6. Payment Terms 16 ATTACHMENTS Attachment "A" Specifications and requirements for Gasoline products. Estimated Agency Requirements ( 1 page) List of Agency contacts. ( 2 pages) Location of Storage Facilities (Tank capacity) (5 pages) Attachment "B" Drug Free Workplace Certificate (2 pages) Attachment "C" Statement of "No Bid" form (1 page) 17-20 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 severafyears, approXimatefy twenty -Ai c(26)government entities have participatedin Cooperative Purchasing in Southeast Tionda. the Southeast F'forida Governmental ftrchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to ad 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 Purchasinq 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 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 TOGET11ER TO REDUCE COSTS" Broward Sheriffs Office Purchasing Bureau 2601 W. Broward Blvd. Fort Lauderdale, FL 33312 Invitation to Bid # 4-1-8-066 "GASOLINE TANKWAGON & TRANSPORT DELIVERIES" Pursuant to the Broward Sheriffs Office Procurement Code, the Broward Sheriffs Office invites qualified firms to submit sealed bids to provide " GASOLINE TANKWAGON & TRANSPORT DELIVERIES ". Bids will be received until 3:00 PM, on Tuesday, June 22th , 2004 in the Purchasing Division at 2601 W. Broward Blvd., Suite 3595 (3rd Floor), Public Safety Building, Ft. Lauderdale, Florida 33312. These bids will be publicly opened in the presence of BSO officials at the above time and date. Bid openings are open to the public. All bidders and/or their representatives are invited to be present. It shall be the sole responsibility of the Bidder to have their bid delivered to the Purchasing Division for receipt on or before the above stated time and date. If a bid is sent by U. S. Mail, the Bidder shall be responsible for its timely delivery to the Purchasing Division. Late bids shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Bidder's request and expense. BSO reserves the right to postpone, to accept or reject any and all bids in whole or in part, to waive irregularities and technicalities, and to request re -bids. BSO also reserves the right to award the contract on such item(s) that BSO deems will best serve its interests. All bids must remain in effect for ninety (90) days from the date of Bid opening. Bidders are cautioned to examine all terms, conditions, specifications, addenda, delivery instructions and other conditions pertaining to the Invitation to Bid (ITB). Failure of the Bidder to examine all pertinent documents shall not entitle bidder to any relief from the conditions imposed in the ITB. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate BSO officials for award. BSO, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. BSO further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of BSO to award the bid to the lowest bidder, or any bidder. BSO reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of BSO. BSO shall be the sole judge of the bids and BSO's decision shall be final. Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid. Bid results will not be given out by telephone, fax or e-mail transmission. There are four (4) sections in this bid: Special Conditions, General Conditions, Bid Specifications & General Requirements, and Bid Pricing Form and Acknowledgements. The following documents are attached to this ITB: Attachment "B" Drug Free Workplace Certificate, Attachment "C" Statement of "No Bid" Form. Please read all sections thoroughly. Complete the bid in accordance with the instructions. Failure to do so may result in the rejection of your bid. Successful bidder is referred to as CONTRACTOR throughout this ITB. SECTION I - SPECIAL CONDITIONS Page 2 Scope: Bids are hereby invited to establish firm -fixed pricing in accordance with the General Conditions and other provisions of this bid for Gasoline products. Tankwagon , and Transport deliveries. 2. Term of the Contract: It is anticipated that the initial term of any resultant agreement will be for three years from the date of award with two additional one (1) year renewal options. Renewal of the contract for two (2) additional one year periods will be based on performance, availability of funding, and as is in the best interest of the Broward County Sheriff's Office. During the term of this contract and any renewal periods, BSO reserves the right to terminate the contract and award the contract to the next lowest responsive responsible bidder. This contract is not an exclusive contract. The estimated quantities under this contract cannot be guaranteed and will be contingent upon availability of funding. All terms and conditions shall remain fixed for the initial period of the contract and for any renewal periods. Basis of Award: Award will be made to the lowest responsive and responsible bidder and the best interests of the Broward Sheriffs Office. Award will be done on a line item basis. As the best interest of the Broward Sheriff's Office may require, the right is reserved to make award(s) by individual commodities/services, group of commodities/services, all or none or any combination thereof. 4. Delivery and Acceptance: Delivery is FOB destination and shall be computed in calendar days from the issuance date of Purchase Order or release. State on the Bid Sheet the number of calendar days required to make delivery. DELIVERY SITES: REFER TO ATTACHMENT "A", LOCATION OF STORAGE FACILITIES, AND ADDENDUM # 1 TO THE SAME SCHEDULE. Pr�iciinn : All prices bid shall be firm for 90 days, and shall include all cost associated with the requirements as outlined in this ITB. 6. Pre -Bid Conference: Not applicable to this procurement. SECTION I -- SPECIAL CONDITIONS Page 3 7. Insurance: 7.1. Throughout the term of this agreement and for all applicable statutes of limitation periods, contractor shall maintain in full force and effect the insurance coverages set forth in this article. NOTE: Additional insurance requirements may be requested by BSO's Risk Management and if so will be incorporated into the terms and conditions of the subsequent agreement with the successful proposer. Other insurance requirements may also apply to any other participating agencies on request of said agency, and shall be mandatory to be supplied to those agencies. 7.2. All Insurance Policies shall be issued by companies that (a) are authorized to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Broward County, Florida, and (c) have a best's rating of A -VI or better. 7.3. All Insurance Policies shall name and endorse the following as additional insureds: The Broward Sheriffs Office, the Sheriff, Broward County, The Board of Commissioners of Broward County, and their officers, agents, employees and commission members with a CG026 Additional Insured — Designated Person or Organization endorsement, or similar endorsement to the liability policies. 7.4. All Insurance Policies shall be endorsed to provide that (a) Contractor's Insurance is primary to any other Insurance available to the additional insureds with respect to claims covered under the policy and (b) Contractor's insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Self-insurance shall not be acceptable for this project. T5. If the Contractor fails to submit the required insurance certificate in the manner prescribed with the executed agreement submitted to BSO and if not submitted with the executed agreement in no event to exceed three (3) calendar days after request to submit certificate of insurance, the Successful Bidder shall be in default, and the contract shall be rescinded. Under such circumstances, the Bidder may be prohibited from submitting future bids to BSO. 7.6. Contractor shall carry the following minimum types of Insurance: A. WORKER'S COMPENSATION: Worker's Compensation Insurance is to apply to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. Contractor shall carry Worker's Compensation Insurance with the statutory limits, which shall include employers liability insurance with a limit of not less than $500,000 for each accident, $500,000 for each disease. Policy (ies) must be endorsed with waiver of subrogation against BSO and Broward County. B. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of one million ($1,000,000) dollars per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than the latest edition of the business automobile liability policy without Page 4 restrictive endorsements, as filed by the Insurance Services office, and must include owned vehicles and hired and non -owned vehicles. C. COMMERCIAL GENERAL LIABILITY: Contractor shall carry Commercial General Liability Insurance with limits of not less than two million ($2,000,000) dollars per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements as filed by the Insurance Service Office, and the policy must include coverages for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. 7.7. Contractor shall provide Sheriffs Director of Risk Management and Sheriff's Contract Manager with a copy of this certificate of Insurance or endorsements evidencing the types of Insurance and coverages required by this article prior to beginning the performance of work under this agreement and, at any time thereafter, upon request by BSO. 7.8. Contractor's Insurance Policies shall be endorsed to provide Sheriff with at least sixty-(60) calendar days prior written notice of cancellation, non-rencwal, restrictions, or reduction in coverages or limits. Notice shall be sent to: Broward Sheriffs Office Broward Sheriffs Office Attn: Contract Manager AND Attn: Director, Risk Management 2601 W. Broward Blvd, 2601 W. Broward Blvd. Ft. Lauderdale, Florida 33312 Ft. Lauderdale, Florida 33312 7.9. If Contractor's Insurance policy is a claims made policy, then Contractor shall maintain such Insurance Coverage for a period of five years after the expiration or termination of the agreement or any extensions or renewals of the agreement. Applicable coverages may be met by keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. 7.10. In any of Contractor's Insurance policies includes a general aggregate limit and provides that claims investigation or legal defense costs are included in the general aggregate limit, the general aggregate limit that is required shall be no more than five (5) times the occurrence limits specified above in this article. 7.11. The Contractor shall not commence operations, and/or labor to complete this project, pursuant to the terms of this agreement until certification or proof of insurance issued directly by the insurance company underwriting department, detailing terms and provisions of coverage, has been received and approved by the BSO Director of Risk Management. 7.12. The provisions of this article shall survive the expiration or termination of this agreement. ****END OF SECTION I *** 1. SECTION II - GENERAL CONDITIONS Page 5 Submission and Receipt of Bids: L l Bidders should use the "BID" Form furnished herein. 1.2 Bids having any erasures or corrections should be initialed by the bidder in ink. Bid should be typewritten or filled in with pen and ink. Manual signature must be in ink. Bids shall clearly indicate the legal name, address and telephone number of the Bidder, together with legal entity (corporation, partnership, individual). Bids shall be si ned and bear the signature in longhand of the person authorized to bind the Bidder above the typed or printed name and title of the signer. Payment will be made to company name shown only. It is the sole responsibility of the Bidder to ensure that the bid arrives on time at the right place. All expenses relevant to preparation and submittal of bids are to be borne by the Bidder. Failure to comply with these instructions shall result in rejection of your bid. 1.3 Bids must be returned in a sealed envelope (with the correct postage affixed, if the bid is mailed) and should show the following information: 1.3.1 Your return mailing address in the upper left-hand corner. 1.3.2 Bid Number & Title on the outside of your sealed bid envelope. 1.3.3 Bids that are lost, misrouted, or otherwise fail to be received by the Purchasing Division due to vendor's failure to properly label the envelope shall not be accepted. 1.3.4 If hand delivering your bid, bidders are cautioned to allow sufficient time prior to the bid opening time to access the Public Safety Complex. Delays may be experienced in obtaining access to the building as a result of enhanced security monitoring of persons entering the complex. 1.4 When submitting your bid, use one of the following addresses, as appropriate: BY U.S. MAIL BY COURIER OR HAND DELIVERY Broward Sheriffs Office Broward Sheriffs Office Purchasing Division Purchasing Division PO Box 9507 2601 W. Broward Blvd. Ft. Lauderdale, FL 33310 Ft. Lauderdale, FL 33312 1.5 Late bids will not be accepted and will be returned unopened. 1.6 Multiple Submissions: Only one response to the BID from any one firm will be considered. In the event of multiple submissions, the firm will be asked to identify which submission should be analyzed. In no event will the Broward Sheriff s Office consider multiple submissions from the same firm. 1.7 Disclosure and Disclaimer: Any recipient of this BID who responds hereto, fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. 1.7.1 All costs incurred by the Bidder in preparing and responding to this BID shall be the sole responsibility of the Bidder. The Broward Sheriff s Office Sheriff assumes no responsibility or liability for costs incurred in the preparation or submission of any bid. All expenses in preparing any re - submittals shall be the sole responsibility of the Bidder. Page 6 1.7.2 The Broward Sheriff's Office or its representatives do not warrant or represent that any award or recommendation will be made as a result of the issuance of this BID. 1.7.3 The Broward Sheriff's Office reserves the right to waive or modify any irregularities and technicalities in bids received; to request additional information, to exercise its discretion and apply its judgment, at its discretion, request re -submittal of a Bid. 2. Completion of Bid Forms: Bidder is to fill in all of the blank spaces on the bid form(s), and return all numbered pages, together with any attachments. Bidder must indicate by signing the acknowledgement page that bidder has read and understands the provisions contained in this ITB. Failure to comply with these instructions shall result in rejection of your bid. 3. Signature Required: All bids must show the company name and be signed in ink by a company officer or employee who has the authority to bind the company or firm by their signature. Unsigned bids will be rejected. All manual signatures must be original to be considered valid - no rubber stamp, photocopy, etc. (Payment will be made to company name shown only.) 4. Bid Withdrawal: Bidder certifies that prices, terms, and conditions in the bid will be irrevocable for a period of ninety (90) days from the date of bid opening unless otherwise required in the bid. Bids may not be withdrawn before the expiration of ninety (90) days. Bids may be withdrawn after ninety (90) days only upon written notification to the BSO Purchasing Bureau. If there is an error in extensions, unit prices will prevail. 5. Signed Bid Considered an Offer: This signed bid is considered an offer on the part of the bidder, which offer shall be considered accepted upon approval by appropriate authorities of BSO. BSO will issue a purchase order or a letter of authorization to the successful bidder, as authorization of award subject to requirements of detailed specifications and those conditions contained herein. 6. Default Provisions: In the event of default by the bidder, BSO reserves the right to procure the items(s) bid from other sources and hold the bidder responsible for excess costs incurred as a result. A contractor who defaults on a BSO contract may be debarred from doing business with BSO for a period of thirty-six (36) months from the date of default. 7. Proprietary Xopyrights and Patent Rights): Bidder warrants that there has been no violation of proprietary rights ( including but not limited to trade secrets, copyrights or patent rights) in manufacturing, producing, and/or selling the item(s) ordered or shipped as a result of this bid; and successful bidder agrees to indemnify and hold harmless BSO, its employees, agents, or servants, Broward County, Broward County Board of Commissioners, its employees, agents, or servants against any and all liability, loss, or expense resulting from any such violation. S. Laws and Regulations: Bidder agrees to abide by all applicable Federal, State, County, and local rules, regulations, ordinances and codes. Page 7 9. Taxes: All taxes -- federal, state and local, relating to the Contractor's work under its agreement with the Broward Sheriff's Office and, similarly, all costs for licenses, permits, or certifications shall be paid by the Contractor. 10. Conflict of Instructions: If a conflict exists between the General Conditions and Instructions contained herein, and the specific conditions and instructions contained herein, the specific shall govern. 11. Specifications and Requirements: The specifications, requirements and services to be provided are stated in Section 111. Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should fax or send an e-mail to rick_torres@sheriff org. No change(s) and no interpretations(s) shall be considered binding unless provided to all bidders in writing in the form of an Addenda or Information Letter. 12. Exceptions to Specifications: For purposes of evaluation, bidder must indicate any exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or contract forms supplied by the bidder that are required to be signed by BSO. If exceptions are not stated by the bidder, in his/her bid, it will be understood that the item(s)/services fully comply with the specifications, terms, and/or conditions stated in this bid. Exceptions are to be listed by the bidder on an attachment included with his/her bid. BSO will NOT determine exceptions based on a review of any attached sales or manufacturer's literature. The technical specifications contained in this ITB are not to be considered of a proprietary nature. These specifications represent a level of quality, features, and functionality that are desired by BSO. 13. Anti -Collusion Statement: By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, or connection with any person, business or corporation submitting a bid for the same services, materials, supplies, or equipment, and that this bid is in all respect fair, and without collusion or fraud. 14. Indemnification: Contractor shall, at all times hereafter, indemnify, hold harmless and, at the option of BSO counsel, defend or pay for an attorney selected by BSO counsel to defend BSO, the Sheriff, Broward County, the Board of Commissioners of Broward County, and their officers, agents and employees of BSO and Broward County and Broward County commission members from and against any and all claims, suits, actions, demands, causes of actions of any kind or nature, including all costs, expenses and attorneys fees, arising out of the negligent or wrongful act or omission of Contractor, its officers, agents, employees, servants, independent contractors or subcontractors. Contractor shall inform Sheriff in advance of planned actions and/or conduct related to Contractor's handling of any such action or claim. Sheriff shall inform Contractor of any known restrictions, defenses or limitations that may arise or exist by reason of BSO being a governmental entity. Sheriff shall not be liable for and Bidder agrees to indemnify Sheriff against any liability resulting from injury or illness, of any kind whatsoever, to Bidder's employees, agents, representatives, designees, or servants during the performance of the services, duties, and responsibilities contemplated herein. The above indemnification provisions shall survive the expiration or termination of this Agreement. Page 8 15. Nondiscrimination: CONTRACTOR shall not discriminate against any client, employee or applicant for employment because of race, age, color, religion, sex, national origin, physical or mental disability, marital status or medical status. CONTRACTOR shall take affirmative action to ensure that applicants, subcontractors, Independent Contractors, and employees are treated without discrimination in regard to their race, color, religion, sex, national origin, disability, or medical status. CONTRACTOR shall comply with all applicable sections of the Americans with Disabilities Act. The CONTRACTOR agrees that compliance with this Article constitutes a material condition to this Contract, and that it is binding upon the CONTRACTOR, its successors, transferees, and assignees for the period during which services are provided. The CONTRACTOR further assures that all subcontractors and Independent Contractors are not in violation of the terms of this Section. 16. Sovereign Immunity: Nothing in this Agreement is intended nor shall it be construed or interpreted to waive or modify the Sheriff's immunities and limitations on liability provided for in Florida Statutes section 768.28 as now worded or as may hereafter be amended. 17. Confidentiality: To the extent permitted by law, CONTRACTOR shall not at any time, in any manner, either directly or indirectly, communicate to any person, firm, corporation or other entity any information of any kind concerning any matter affecting or relating to the business of BSO, including, but not limited to, its manner of operation, its plans, computer systems, processes or other data of any kind, nature or description. The parties stipulating that as between them, the aforementioned matters are important, material and confidential and gravely affect the effective and successful conduct of the business of SHERIFF, and its goodwill, and that any breach of the terms of this paragraph is a material breach of this Contract. CONTRACTOR acknowledges that a breach of this confidentiality will cause irreparable injury to SHERIFF that the remedy at law for any such violation or threatened violation will not be adequate and BSO shall be entitled to temporary and permanent injunctive relief. 18. Severability: In the event any provisions of this Contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Contract which shall remain in full force and effect and enforceable in accordance with its terms. 19. Enforcement: In the event either party incurs legal expenses or costs to enforce the terms of this Contract, the prevailing party shall be entitled to recover the costs of such action so incurred, including, without limitation, reasonable attorney's fees and costs. 20. No Third Party Beneficiaries: This Contract is for the benefit of the parties hereto, and is not entered into for the benefit of any other person or entity. Nothing in this Contract shall be deemed or construed to create or confer any benefit, right or cause of action for any third party or entity. 21. Funding: The obligation of BSO for payment to the bidder is limited to the availability of funds appropriated in a current fiscal period, and continuation of any contractual relationship into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 22. Manner of Performance: Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Page 9 Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to BSO any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 23. Public Records: The Broward Sheriffs Office is subject to Chapter 119, Florida Statutes, the "Public Records Law." No claim of confidentiality or proprietary information in all or any portion of a response to the BID will be honored unless a specific exemption from the Public Records Law exists and it is cited in the response to the BID. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. 24. A reement/Contract: Any Agreement or contract resulting from the acceptance of a bid shall be on forms either supplied by or approved by BSO and shall contain, as a minimum, applicable provisions of this Invitation to Bid. BSO reserves the right to reject any agreement, which does not conform to the BID, and any BSO requirements for agreements and contracts. BSO reserves the right to modify, add or delete language in any agreement. 25. Assignment: No assignment of this contract or the rights and obligations hereunder by CONTRACTOR shall be valid without the express written consent of BSO, which may be given or withheld, in BSO'S sole discretion. 26. Waiver or Breach: It is agreed that no waiver or modification of the terms hereof or of any covenant, condition, or limitation contained in said terms 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 the terms hereof, or the right or obligations of any party, unless such waiver or modification is in writing, and duly executed. The waiver by either party of a breach or violation of any provision of this Contract shall be construed as a modification of this Contract and shall not be construed as a modification of this Contract and shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Contract. 27. Termination: The Contract may be terminated upon the following events: a) Termination by Mutual A reement. In the event the parties mutually agree in writing, this Contract may be terminated on the terms and dates stipulated therein. b) Termination Without Cause. Either party shall have the right to terminate this Contract without cause by providing the other party with thirty (30) calendar days written notice via certified mail, return receipt requested or via hand delivery with proof of delivery. c) Termination for Cause. In the event of a material breach, either party may provide the other party with written notice of the material breach. The other party shall have thirty (30) days from the date of its receipt of such notification to cure such material breach. If the material breach is not cured within that time period, the non -breaching party may terminate this Contract immediately. Material breaches shall include but Page 10 are not limited to, violations of Governing Standards, state or federal laws, BSO's policies and procedures, or the terms and conditions of this Contract. d) Termination for Lack of Funds. In the event the funds to finance this Contract become unavailable or are not allocated by Broward County, or other funding source applicable, BSO may provide CONTRACTOR with thirty (30) days written notice of termination. Nothing in this Contract shall be deemed or construed to prevent the parties from negotiating a new Contract in this event. e) Immediate Termination by BSO. BSO, in his sole discretion, may terminate this contract immediately upon the occurrence of any of the following events: i. CONTRACTOR's violation of the Public Records Act; ii. The insolvency, bankruptcy or receivership of CONTRACTOR; iii. CONTRACTOR's violation or non-compliance with NONDISCRIMINATION Section of this Bid; or iv. CONTRACTOR fails to maintain insurance in accordance with the INSURANCE Section of this Bid. Notwithstanding any other provisions of this Contract, the CONTRACTOR's duty to indemnify and defend BSO as set forth in this bid shall survive the termination or expiration of this Contract. 28. Dru Free Workplace Certification -by Vendor: All bidders must complete the attached "Drug Free Workplace Certification by Vendor", and submit it with their bid. Failure to do so may result in rejection of your bid. 29. Public Entity, Crimes: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes) a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of General Services following a conviction for a public entity crime may not submit a bid on a contract with BSO, may not be awarded or perform work as a CONTRACTOR, supplier, or subcontractors, under a contract with BSO, and may not conduct business with BSO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this section by CONTRACTOR shall result in termination of this Contract and may cause CONTRACTOR debarment. 30. Governin Procedures: This bid is governed by the applicable sections of the BSO Purchasing Procedures Manual. A copy of the manual is available for review at the BSO Purchasing Division. 31. Identical 'Cie Bids: In accordance with Section 287.087, State of Florida Statutes, preference shall be given to businesses with Drug -Free Workplace programs. Whenever two or more tie bids, which are equal with respect to price, quality, and service, are received for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a Drug -Free Workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug free workplace program. Page 11 32. Requests for Additional Information or Clarification(s): Requests for additional information or clarification regarding this BID must be received five (5) calendar days prior to the bid opening date and should be directed, in writing, and e-mailed to rick torres(a),sheriff.org , or via facsimile transmission to (954) 765-4006. No verbal requests for information or clarification will be honored. The person submitting the request shall be responsible for its timely delivery. 33. Addenda/Information Letter: At its sole discretion, BSO may answer such inquiries by means of a written Information Letter or an Addendum. In the event that an inquiry is made in which the explanation or clarification requires a substantial change to the specifications, a formal Addendum will be issued to all document holders. If any addenda are issued to this Invitation to Bid, BSO will attempt to notify all known prospective Bidders, however, it shall be the responsibility of each Bidder, prior to submittin their bid, to contact the BSO Purchasing Bureau at (954) 831-8170 to determine if addenda were issued and to make such addenda a part of their bid. You can also find this addenda information in BSO's website www.sheriff.org under current solicitations. 34. Addenda Acknowled ement: The Bidder shall be required to acknowledge receipt of any formal addenda by signing the Addendum and including it with the Bid. Failure of a Bidder to include a signed formal addendum in its Bid shall deem its Bid non -responsive; provided, however, that BSO may waive this requirement if determined to be in its best interest. Explanations or clarifications, which do not require any revision to the specifications, will be issued in the form of an Information Letter. Information Letters do not require formal acknowledgment. The BSO shall not be responsible for oral information given by any BSO employee or other person. The issuance of a written Information Letter or an addendum is the only official method whereby interpretation, clarification or additional information can be given. 35. Statement of "No Bid": If your firm chooses not to submit a bid, please complete and return the attached "Statement of "No Bid" Form. Failure to respond by either submitting a bid or "No Bid" form after receiving three Invitations to Bid may result in your firm being removed from our Vendor's List. **** END OF SECTION II *** Page 12 SECTION III - BID SPECIFICATIONS & GENERAL REQUIREMENTS Scope: The Broward Sheriffs Office is actively seeking bids from qualified bidders to provide " Petroleum Products: Gasoline Tankwagon & Transport deliveries" used by BSO's Fleet Services Division and The Southeast Florida Governmental Cooperative Purchasing Group (Co-op). (See attached list of participating agencies) The intent of this solicitation is to establish firm fixed mark-up or discount for the purchase of Gasoline Tankwagon and Transport deliveries, to be delivered on an incremental basis, as required. The quantities indicated on this Bid, in Section IV, are only estimates of annual usage. BSO makes no guarantee of actual quantities to be ordered, which may be more or less than the estimated quantities. SECTION IV - BID PRICING FORM SHEET & ACKNOWLEDGEMENTS Page 13 1. BIDDER ACKNOWLEDGEMENT: Bidder by virtue of submitting this bid acknowledges that they have read, understands, accepts and will comply with all the terms, conditions and specifications of this BID and any addenda issued. Bidders shall thoroughly examine and be familiar with these specifications. The failure or omission of any Bidder to review this document shall in no way relieve any Bidder of obligations with respect to this BID. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this BID. IMPORTANT!!! THIS PAGE MUST BE SIGNED FOR BID TO BE CONSIDERED, PER GENERAL CONDITIONS SECTION II, PARAGRAPH 3. The undersigned Bidder does declare that no other persons other than the Bidder herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons making bid for the same article, and is in all respects fair and without collusion or fraud. The undersigned further declares that the specifications have been carefully examined and the Bidder is thoroughly familiar with its provisions and with the quality, type and grade of required materials. The undersigned further declares and proposes to furnish the articles called for within the specified time in this bid for the following price and guarantees that parts and services for the articles listed below are available within the State of Florida, to wit: Legal Company Name * Manual Signature of Company Officer Date GROUP I GASOLINE — TANKWAGON DELIVERIES ITEMS 1-3 No. Commodity code OPIS Firm Mark- Net Price Estimated Quantities Estimated total Price up/Discount Per Price. (1) (A) Per gallon gallon B 1 A B 1. 405159207000 1.2055 $ $ x 436,511 gal = $ ._ — Regular + / - Unleaded circle one. 2. 405159208000 1.2472 $ $ x 95,290 gal $ — Midrange + / - Unleaded circle one. 3. 405159209000 1.3142 $ $ x 86,671 gal $ — Premium + / - Unleaded circle one. TOTAL GROUP I ITEMS 1 — 3 $ STATE BRAND YOU ARE OFFERING: BRAND: REFINERY: NOTE: (1) REFER TO ATTACHMENT "A" PARAGRAPH 5. PRICING AND 9. OPIS REQUIREMENTS. (A) OPIS PRICE AS OF 4/5/2004, USED FOR BID EVALUATION PURPOSES ONLY. (B) CALCULATE DISCOUNT OR MARKUP TO THE FOURTH DECIMAL. (C) DISCOUNT/MARKUP TO REMAIN FIRM DURING CONTRACT PERIOD(S). GROUP II GASOLINE — TRANSPORT DELIVERIES, ITEMS) 4-6 No. Commodity code OPIS Firm Mark- Net Price Estimated uantities Estimated total Price up/Discount Per Price. (1) (A) Per gallon gallon B 1 A B 4. 405159207800 1.2055 S $ x 6,379,994 gal = — Regular + / - Unleaded circle one, 5. 405159208800 1.2472 $ $ x 1,117,144 gal = Midrange + / - Unleaded circle one. 6. 405159209800 1.3142 $ $ x 334,006 gal = $ Premium + / - Unleaded circle one. TOTAL GROUP II ITEMS 4 — 6 - STATE BRAND YOU ARE OFFERING: BRAND: REFINERY: Page 1.5 NOTE: (1) REFER TO ATTACHMENT "A" PARAGRAPH 5, PRICING AND 9. OPIS REQUIREMENTS. (D) OPIS PRICE AS OF 4/5/2004, USED FOR BID EVALUATION PURPOSES ONLY. (E) CALCULATE DISCOUNT OR MARKUP TO THE FOURTH DECIMAL. DISCOUNT/MARKUP TO REMAIN FIRM DURING CONTRACT PERIOD(S). NOTE: YOUR BID SUBMITTAL MUST INCLUDE TECHNICAL SPECIFICATIONS FOR THE ITEM (S) BID. NAME & ADDRESS OF COMPANY SUBMITTING BID: FEDERAL EMPLOYER IDENTIFICATION # OR SOCIAL SECURITY # COMPANY TELEPHONE NUMBER: ( ) TITLE OF SIGNER: SIGNER TELEPHONE NUMBER: ( ) 2. Acknowledgement of Addenda: Number of Addenda Issued FAX #: ( ) E-MAIL ADDRESS: FAX #: ( ) 3. Conflict of Interest: For purposes of determining any possible conflict .of interest, all Bidders must disclose if any BSO employee or family member (that is in a position of authority, will be involved with the contract on a daily/monthly basis or will be involved in the contract administration) is also an owner, corporate officer, or employee of their business. Indicate either "yes" (A BSO employee or family member is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. Page 16 Yes Name(s) and Position(s) No 4. Pending Litigation: Submit information on any pending litigation and any judgements and settlements of court cases that have occurred within the last three years. 5. Debarments: Submit any information on any debarments from doing business with a Governmental Agency that have occurred within the last three years. 6. Payment Terms: PAYMENT WILL BE MADE WITHIN THIRTY (30) DAYS OF RECEIPT OF ACCURATE INVOICE (SEE SECTION I). Advance payments will not be made. ****END OF SECTION IV *** Page 17 ATTACHMENT "A" SPECIFICATIONS AND REQUIREMENTS FOR GASOLINE PRODUCTS 1. DEFINITIONS: 1.1 AGENCY Any participating governmental purchasing authority within Broward or Miami Dade county (refer to attached list of agency contacts) 1.2 ASTM ASTM standards information (215)299-5475 or 299-5584; or to order, ASTM Customer Services Department, 1916 Race Street, Philadelphia, PA 19103. 1.3 BIDDER Any company submitting a bid to this request 1.4 CONTRACTOR Bidder who is selected based on the best interest of BSO, and the other agencies (members) of the co-op 1.5 INTEGRATED A company who primarily performs the functions of refining, transporting and marketing fuels as listed herein. 1.6 OPIS Oil price information service, subscription information, (301) 961-8777, 4550 Montgomery avenue, suite 700 N. Bethesda, Maryland 20814-3382 1.7 TANKWAGON Maximum 5000 gallons in any one delivery. 1.8 TRANSPORT Minimum load gasoline to any one location- approximately 7800 gal. 2. Locations and capacity: 2.1 Summary table for each agency's estimated future annual requirements is listed in the attached list. 2.2 Location and capacity of each co-op agency tanks is listed in attached list 2.3 Agency names, contacts, and telephone numbers are listed in attached list Page 18 3. Taxes: The agencies listed herein are municipalities and are exempt from federal gasoline (excise) road taxes and Florida sales tax. Bids will be considered only from bidders who do not require the payment of these taxes. 4. Delivery: Unless otherwise requested at the time of order, deliveries will be within 24 hours after time of order. Deliveries should be made during normal working hours: 8:30 am to 5:00 pm, Monday through Friday, unless an alternate delivery date is specifically requested by the agency placing the order. All transport truck deliveries will be temperature adjusted to 60 degrees Farenheit in accordance with the latest edition of the American Society for Testing Materials (ASTM) table 6b, volume II, petroleum measurement tables. Delivery tickets and invoices shall reflect the net gallons delivered after temperature compensation. Tankwagon deliveries will be metered at the time of drop. Agencies will accept fuel from trucks with sealed state approved and inspected meters. Trucks that have state of Florida department of agriculture and consumer services sealed, calibrated, and certified compartment tank volume markers for the petroleum product being delivered, are also acceptable. 5. Pricing: Prices quoted are to be f.o.b. delivered to locations, 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 invoice. See paragraph 3 above. Taxes. Prices shall be based on the weekly average price for requested commodities as published in the oil price information service (OPIS). Pad I report, for Miami, Florida, plus a firm mark-up or discount. The firm park -up or discount may include the vendor's profit, delivery costs and any other costs. The firm mark-up or discount shall not chanize during the initial term of the contract or any renewal periods. No other charges shall be added. Mark-up or discount must be expressed in dollars and/or cents per gallon. Prices shall remain firm for one week intervals. Firm price intervals will begin at l 2:01 am on Monday of each week the price will be based on the OPIS published price dated the preceding Thursday. This average will be calculated to the fourth decimal place. Invoice pricing will be OPIS price (+/-) mark-up or discount, in effect on the date of delivery. 6. Substitute or alternate method price adjustment: BSO reserves the right, based on its sole judgment, to substitute an alternate method for price adjustment if: Page 19 A. An interruption in the OPIS publication is experienced, beyond existing scheduled holidays, or B. The listing of companies and their prices for Miami, Florida are interrupted, or modified to a degree which would require alteration of the computation formula to determined a fair average price, or C. The use of the average price computation based on the prices listed in OPTS becomes non- representative of the market in south Florida. If it is determined by BSO to be in its best interest to substitute an alternate method of price adjustments, as specified above, the contractor(s) will be notified in writing twenty (20) days in advance of any change. The contractor(s) will then have ten (10) days from the date of this notification to accept or reject the proposed substitute and, provide notification in writing to BSO's Director of Purchasing of its decision. If rejected by the contractor(s) the contract may be cancelled in whole or part by BSO by giving sixty (60) days notice to the contractor(s). 7. Invoicing: Each invoice shall reference the date of each applicable OPIS, and published OPIS average for that date. List, separately on invoice, each individual non-exempt tax or fee, and its amount that is added to the price. In the event an agency miscalculates on the estimated gallons required for a transport delivery to any one location, deliveries of 6001 gallons and above will be invoiced at transport pricing. Deliveries of 6000 gallons or below will be invoiced at tankwagon pricing as listed at the time of bid. 8. Orderine and payment: Each governmental agency which accepts bids submitted and vendor awarded the contract, will establish its own contract with the successful bidder(s); will issue its own purchase orders; will required Separate billing, and will issue its own exemption certificates as required by the contractor. BSO purchasing bureau will provide a copy of bidders list, and any other information submitted with the bids to all of the participating agencies. It is understood and agreed that BSO is not a legally binding party to any contractual agreement made between any other agency and the contractor as a result of this bid. 9. OPIS requirements: The successful contractor must provide, to BSO only, a subscription to OPIS publication, beginning with the pad 1 report of the edition and continuing throughout the contract period. The contractor(s) will be required to furnish subscriptions for any renewal period. The last Monday prior to contract commencement date (in accordance with paragraph 2 of section I - special conditions) pad 1 report will be issued to establish the price of fuel for the first day of the contract period. Page 20 Pays z! The mailing address for the subscription will be Broward sheriffs office / purchasing bureau, attention Rick Torres 2601 w. Broward blvd., Ft Lauderdale, fl 33312. E-mail: rick_torres ),sheriff org 10. Audit: Agencies reserve the right for their internal auditor or appropriate representative to review only those records pertaining to any contract awarded as a result of these documents and determine if these terms, conditions, and specifications of the contract are being followed and if prices charged comply with the bid / contract. 11. Protection propertV: All existing structures, utilities, services, roads, trees and shrubbery, etc. Shall be protected against damage or interrupted services at all times by the contractor during the terms of this contract. The contractor shall be held responsible for repairing or replacing property to the satisfaction of the agency which is damaged by reason of the contractor's operation on the property. 12. Spillage: The contractor and/or his sub contractor 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 clean up of all spillage, per EPA specifications, and for any agencies' fines or fees for any contamination that result from improper delivery of fuel. 13. Specitications: Per latest edition of ASTM specifications d-439: The minimum octane for regular unleaded gasoline shall be 87.09 + m/2 method. The minimum octane for midrange unleaded gasoline shall be 89.01) + m2 method. The minimum octane for premium unleaded gasoline shall be 92.0©+ m2 method. The products requested in this invitation to bid 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. 14. Priority deliveries: Preference of deliveries shall be given to the Broward sheriff's office; other public safety agencies, and members of the CO-OP who are participating in this contract, in case of declared emergencies or natural disasters. Bidders shall attach an emergency plan that ensures continued deliveries of these products in case of emergencies or when additional quantities may be required. ESTIMATED AGENCY RE UIREMENTS SUMMARY (QUANTITIES ARE IN GALLONS) TANKWAGON TRANSPORT AGENCY REGULAR MIDRANGE PREMIUM REGULAR MIDRANGE PREMIUM Cooper City 402000 Lauderhill 213,264 Deerfield Beach 16,700 90,646 Coral Springs 324,000 Coconut Creek 141,420 Tamarac 89,236 Sunrise 1,137 3,174 296,373 Lauderdale Lakes 18,799 11,914 Pompano Beach 92,180 Ft. Lauderdale 960,453 Broward School Board 26,500 463,900 Broward Sheriff's Office 2,566,000 Hollywood 8,632 555,320 Pembroke Pines 319,733 210,487 Margate 221,268 Dania Beach 22,116 Hallandale 3,000 142,003 City of Davie 334,006 Miramar 294,440 Light House Pt, 32 909 Parkland 53,762 Wilton Manors 42,010 City of Miami 70,000 210,000 115,000 City of North Miami Beach 288,000 Oakland Park 171,234 TOTALS: 436,511 95,290 86,671 6,379,994 1,117,144 334,006 LIST OF AGENCY CONTACTS ORGANIZATION NAME CONTACT NAME TELEPHONE # 954 Sheriff's Office Dave Mack 714-5207 Coconut Creek Sheila McGann 973-6730 Community Collage Basil Mitchell 761-7551 Cooper City Kerri Anne Fisher 435-4300 Ext. 268 Coral Springs Tim Planco 345-2235 Dania Beach Dan Hansen 924-3744 Town of Davie Herb Hyman 797-1016 Deerfield Beach Jessica Gamble 480-4415 Fort Lauderdale James Hemphill 828-5143 Hallandale Andrea Lues 457-1332 Hollywood Windol Green 921-3552 Lauderhill Ruby Lev 730-3044 -Lighthouse Point Dave Heath 946-7386 Margate Patricia Greenstein 972-6454 Miramar Margaret Palomino 967-1550 North Lauderdale Oakland Park Robert Bole Maggie Turner 722-3790 561-6105 Parkland John Mattlin 753-5040 Pembroke Pines I Terri Burzo 437-1111 Pompano Beach Leeta Hardin 786-4098 Broward School Board George Toman 754 321-0514 Sunrise George Wood 572-2274 Tamarac Steven Bermsderfer 718-1791 Wilton Manors Linda Peterson 390-2141 Ci of Miami Michael Rath 305 416-1921 City of North Miami Beach Shannon Graham 305 948-2976 ATTACHMENT "A" (Continued) ff—TROLELJM PRODUCTS, GASOLINE LQ ATION QTORAQE_F.A QLMM (TANK CAPACITY) AGENCY/TANK LOCATIONS UNLEADED GASOLINE )3E911(AR UNLEADED GASOLINE M112SANGE UNLEADED GASOLINE EAMgUm DIESEL NY 9BO1AIASQ Cam: 2555 WEST COPANs ROAD - POMPANo 10,000 10,000 3201 W. CoPANS RD. - POMPANO 10,000(2) 48,000 (7) 800 N. FLAMINGO ROAD - PEMBROKE PINES 6,000 3300 N. PARK ROAD - HOLLYWOOD 2,500 5440 RAVENSWOOD ROAD - DANIA 10,000(2) 12.000(4) 1200 S. UNIVERSITY DRIVE-PEMBROKE PINES 2,500 2515 SW 41 AVENUE - FT. LAUDERDALE 6.000 10.000 6,000 4150 SW 11 TM TER. - FT. LAUDERDALE 2,500 1600 NW 30TMAVE. - POMPANO 26,000 16,000 2810 SW 40TMAVE. - HOLLYWOOD 10,000 1501 SW43" STREET -FT. LAUDERDALE 6,000 51000 2,000 CSIrAt1UT CRECK 48M WEST COPANS ROAD 12.000 {,UDDER CITY 11561 SW49 STREET 12,000 4,000 CORAL SPRING& 4181 NW 121 AVENUE 10,000(2) 2801 CORAL SPRINGS DRIVE 10,000 (2) DAwLA aE6,gm 1201 STIRLING ROAD 4,000 4,000 DAM 6911 SW 45 STREET 10,000 10,000 3600 FLAMINGO ROAD 3,000 �RPREIELQBEACN 210 SW GOOLSBY BLVD. (PUBLIC WORKS) 16,000 8,000 828 EAST HILLSBORO BLVD. FIRE STA. #1 4.000 ArrAc!jmENT"A" (Continued) �3Tx�i3C�•iI�)�T:1�7. �•I91;��,'T�:i�� LOCATION OF STORAGE FACILITIES (CONTINUED) (TANK CAPACITY) UNLEADED UNLEADED UNLEADED AGENCY/TANK GASOLINE GASOLINE GASOLINE DIESEL LQW14NE REQULAR MIDRANGE PREMIUM NO 2 FORTLAUDERDALE 220 SW 14" AVE. (CENTRAL GARAGE) 10,000(3) 10,000 FIVEASH, 4321 NW 9'AVENUE 12,000(3) 949 NW 38, STREET (DEPOT) 12,000(4) 12,000 PEELE DDOE PIT., 1500 S. SR N7 10,000 NE 25 AvE.JNE 40" STREET V REPUMP STATION 5,000(2) 1705 SE 18TM STREET 10,000 1uNDA R 630NW 2- STREET 20,000(2) 10,000 HI LSBORO 8E69H 1210 S.R. A1A 4,000 HOLLYWOOD 1600 SOUTH PARK ROAD 10,000 10,000 1120 NORTH OCEAN DRIVE 550 3441 HOLLYWOOD BOULEVARD 15.000 1621 NORTH 14AVENUE 20,000 700 POLK STREET 10,OOD 10,000 I AUDERHIL CENTRAL GARAGE, 1919 NW 551AVENUE 10,000 UGHTHW aE POINT 4730 NE 21 TERRACE (DAN WITT PARK) 4,030 !MaBgm 102 ROCK ISLAND ROAD 1D,000 10,000 5790 MARGATE BOULEVARD 500 ATTACHMENT"A" (Continued) •l2L-Ml2I -J V m1a 4141k . :r• • • r LQQMIQN F STOR AqE F C (CONTINUED) (TANK CAPACITY) UNLEADED UNLEADED UNLEADED AGENCY/TANK LOCATIONS GASOLINE RFGUU An - GASOLINE MIDRANGE GASOLINE EBEA(IIUX DIESEL N0,2 AAIBA! m 7000 MIRAMAR PARKWAY 12,000 13900 PEMBROKE ROAD 12,000 NoRTIN LA41mgpAL,E 881 SW 71 AVENUE 12,000 2,000 OAKLAND PARK 3301 NE 5AvFNUE 12,000 10,000 2ests�ene 6600 PARKSIDE DRIVE 2,000 500 PEMBROKE PINES 9500 PINES BOULEVARD 16,000 6,000 2145 JOHNSON STREET 11000 560 21800 NORTH 8- PLACE 7980 JOHNSON STREET 10,000 13955 PEMBROKE ROAD 10,000 13976 PEMBROKE ROAD 4,000 (4) 8, 00 4,000 16999 PINES BOULEVARD 300 �LIl� 6500 NW 11 PLACE 16,000 10.000(2) 451 NW70TERRACE 12,O0p 770 NW 91 AVENUE 10,000 6,000 POMPANO BFACN 1190 NE 3-AVENUE 12,000(2) 12,000 ATTACHMENT"A" (Continued) IS•r•7:'ki[•1k'H7f3ill iUcl4FJ2 14iiI* •` UNLEADED UNLEADED UNLEADED AGENCYITANK LOCATIONS GASOLINE REGULA GASOLINE MIDRANGE GASOLINE PREMWM DIESEL NO, SUNRISE 6440 N W 20' STREET 10,000 6,000 4350 SPRING TREE DRIVE 40,000 777 SAWGRASS CORP. PARKWAY 15,000 15400 WATER MILL ROAD 3 ,DOD 1321 SW 60-AVENUE 2.000 14150 NW 8TMSTREE7 10,000 26,000 12630 SW 2w STREET 520 10770 WEST OAKLAND PARK BOULEVARD 6,000(2) 8700 SW 19' PLACE 5.000 7ANABA4 7501 NW 88 AvENUE 1,000 4001 WEST COMMERCIAL BOULEVARD 1,000 6011 NoBHILL ROAD 10,000 1,00D WILTON MANORS 524 N.E. 21" COURT 8,000 8,000 CQWUNITY_COLLEOF (CENTR 3501HW 23,000 „CAMPS BLDG.#24 6600 PARKSIDE DRIVE SCHOOL BO/jflQ (BROWARD COUNTY) 23M NW 181w TERRACE, POMPANO 12,000 24,000 3885 NW 1O" AVENUE, OAKLAND PARK 12,000 24,000 3810 NW 1OTMAVENUE, OAKLAND PARK 12,000 900 UNIVERSITY DRIVE, PEM8ROKE PINES 12,000 24,000 SHERIFF'$ OFFICE IBDWARP COUNTY) 300 NE 21 STREET, DEERFIELD 16,000 7516 NW 88,AVENUE, TAMARAC 10,000 2001 NW31"STREET. LAUDERDALE LAKES 21,000 6,000 130 SW 3-STREET POMPANO BEACH 22.000 ADENDUM # 1 TO ATTACHMENT "A" 1. Disregard the last column "Diesel No. 2". This commodity does not apply to this procurement, because it will be bid by another lead agency. 2. Add the following tank locations: City of North Miami Beach Police Dept. 16901 NE 191h Ave., North Miami Beach, FL 33162 Tank Capacity: 10,000 gallons. Regular. Operations Center 2101 NE 1591h Street. North Miami Beach, FL 33162 Tank Capacity: 10,000 gallons. Regular. LLty of Miami 1390 NW 201h Street, Miami, FL Tank Capacity: 10,000 gallons Transport regular. 3601 Rickenbacker Causeway, Miami, FL Tank Capacity: 2,000 gallons. Transport Midrange 3400 Pan American Drive. Coconut Grove, FL Tank Capacity: 12,000 (Under construction) Broward CoylLty School Board 2320 College Ave. Davie, FL Tank Capacity: 12,000 gallons. Regular (Under Construction) ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION BY VENDOR The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the vendor's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The vendor's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (I),- (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notifying Broward Sheriffs Office in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include name and the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one or more of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: DRUG FREE WORKPLACE CERTIFICATE, PAGE 2 (i) Taking appropriate personnel action against such employee, up to and including termination; and/or (ii) Requiring such employee to satisfactorily participate in and complete a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). (Vendor Signature) (Print Name) State of County of (Company Name) (Address) The foregoing instrument was acknowledged before me this day of , by M of described herein, or who produced known to me to be the person identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: as (title) ATTACHMENT "C" STATEMENT OF "NO BID" FORM COMPANY NAME: AUTHORIZED SIGNATURE: BID # 4-1-8-066 - GASOLINE Co-0 WE HAVE ELECTED NOT TO SUBMIT A BID DUE TO THE FOLLOWING REASON(S): INSUFFICIENT TIME TO RESPOND. DO NOT OFFER THIS PRODUCT/SERVICE. UNABLE TO MEET SPECIFICATIONS. UNABLE TO MEET SERVICE REQUIREMENTS. WORKLOAD DOES NOT ALLOW US TO BID. SPECIFICATIONS UNCLEAR OR TOO RESTRICTIVE. OTHER (PLEASE SPECIFY): PLEASE RETURN TO: BROWARD SHERIFF'S OFFICE PURCHASING DIVISION P.O. BOX 9507 FORT LAUDERDALE, FL 33310 9 k _ _ _ / / \ \ / 2 / k ( \ 7 m a e e > ® � / � 't } } � Q bq ) o a= a c c ( § \ / / 2 / j Is / CD t- 6 6 c . EXHIBIT 112" TR•10518 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD BID/RFP NO.: 4-1-8-66 DESCRIPTION/TITLE: GASOLINE, TANKWAGON &TRANSPORT DELIVERIES CONTRACT PERIOD: September 1, 2004 through August 31, 2007 TERM OF CONTRACT: Three (3) Years with two (2) one (1) year options to renew it ill YIYYIYYYllim3YYiYYYYYilit ujY/YYYYYYYIY\ill Y\YIYYYYY'YiYiYYYI it, YY\ Again t iPPY\YYAYY ."ll YYY ill bit .YYYit, ki"llikiAl o ..iYYYiiYY\YY\I YlY'iYm'iPYYYYPYYiiYY AiYYYY\YxliYYYY YYYYYWiI\AYaIgY'PPtiiit YYYYI/\mill SECTION #1 -VENDOR AWARD Vendor Name: Petroleum Traders Corporation Vendor Address: 7110 Pointe Inverness Way Fort Wayne, IN 46804 Contact: Michael Himes Phone: (800) 348.3705 Fax: (219) 432-6564 Cell/Pager: N/A Email Address: N/A Website: http://www.petrol_eumtraders,com/ FEIN: 351462227 /'YYYIty"O'YYYitliiYYYliYiaminybit YYY bit ill YYY YY "i9iYiiYYYYY YYY YYI ill ill iYYYYYYYI'iY\IYY9YH YYY YYY Eli i't.Yii ilYYiYYYYiYiYYYYiIi��YY'i IYY YYYYYYYiYYYYtiYYYYYYiY�YIYYYYYYi YYYYYWiYYYIaAY\YYiYYYYY'.YYYYYi YYYtfYYI SECTION #2 — AWARD/BACKGROUND INFORMATION Award Date: Resolution/Agenda Item No.; Insurance Required: Performance Bond Required July 9, 2004 Administratively Awarded Yes X No Yes X No fYYYi Y\Y\YilYYa'\YYP\YYYiiYa.iYYYYYYYIYYYglib"YYYPYYIYiiY'YYYYYYY YYY YYY YYmill bit'PYYYYIIYYYII\YYYYYYYYYYY.YmYYYY91i�lYlY11YYlYYYYYIYeY\'rYY'YY\AYYimmiY\tiiYaYYIYYYIIYYYYIYYYiYYYYYl1Y'1'iYYY.iYY1YlYYY1iiYYYY.YaYYYYYbig SECTION #3 - PROCURING AGENCY Agency Name: Broward Sheriff's Office Agency Address: 2501 West Broward Blvd. Ft. Lauderdale, FL 33312 Agency Contact: Rick Torres, C.P.M., Purchasing Agent II Telephone: (954) 831-8170 Facsimile: (954) Email: Rick Torres sheriff.or YYYYYa/x YlY at Ili .YY.....YWYYIYYII YYIYYYxliilil.YYY.IiYxYYl/Y1/1Y YlliIYxYYItl.IYYx.YYYYiifYY111/YYYII/YYYYiW... wiiYY11YYlim lYY iYl-.44so iiYYYYYIm akii YYY YYY'a1xAYYYYYYliY11\iY{YINYYwYi lY'Y�IYIi�YI SECTION #4 — PRICING Gasoline, Tankwagon Delivery, Regular Unleaded OPIS + .0476 Gasoline, Tankwagon Delivery, Midrange Unleaded OPIS + .0429 Gasoline, Tankwagon Delivery, Premium Unleaded OPIS + .0429 Gasoline, Transport Delivery, Regular OPIS - .0001 Gasoline, Transport Delivery, Midrange Unleaded OPIS - .0089 Gasoline, Transport Delivery, Premium Unleaded OPTS - .0194 Broward Sherl"'s office 2601 West Broward Boulevard Fort Lauderdale, Florida 33312 (954) 831-89M - www.sheriff.org Purchasing Bureau July 8, 2004 Mr. Michael Himes President Petroleum Traders Corporation 7110 Pointe Inverness Way Fort Wayne, IN 46804 Subject: Letter of Award Dear Mr. Himes: In accordance with the response of your firm to Broward Sheriff's Office Bid # 4-1-8-066, Group I Gasoline - Tankwagon deliveries, and Group 11 Gasoline — Transport deliveries, are being awarded to your company. The appropriate mark-up and/or discount, and the terms and conditions of the bid will be in effect during the term of the contract. This award is contingent upon submittal of your certificate of insurance form within thirty (30) days of this notification. Additionally, the BSO subscription to the OPTS publication shall commence no later than August 30, 2004. The effective date of the contract is September 1, 2004 with an initial tern of three (3) years. As this is a joint procurement for the Southeast Florida Governmental Purchasing Cooperative, the other participating government agencies as listed below, will issue a separate Purchase Order. Cooper City, Lauderhill, Deerfield Beach, Coral Springs, Coconut Creek, Tamarac, Sunrise, Lauderdale Lakes, Pompano Beach, Ft. Lauderdale, Broward County School Board, Hollywood, Pembroke Pines, Margate, Dania Beach, Hallandale, City of Davie, Miramar, Light House point, Parkland, Wilton Manors, City of Miami, City of North Miami Beach, Oakland Park. Please contact each participating agency to ensure a smooth transition from the present contractor. Should you have any questions, please don't hesitate to contact me at (954)831-8170. Broward Sheriffs Office thanks you for responding to our Invitation To Bid and look forward to a good business relationship. Sincerely, Rick Torres, C.P.M. Purchasing Agent 11