IMPORTANT!—PLEASE READ CAREFULLY BEFORE MAKING BID
GENERAL PROVISIONS
These
general terms and conditions of the bid quotation and acceptance apply in like
force to this inquiry and to any subsequent contract resulting therefrom.
ACKNOWLEDGMENT OF AMENDMENTS
Bidders
shall acknowledge receipt of any amendment to the solicitation by identifying
the amendment number in the space provided for this purpose on the bid form, by
letter, or by returning a copy of the issued amendment with the submitted
bid. The acknowledgment must be received
by Pasco County by the time and at the place
specified for the receipt of bids.
Failure to acknowledge an issued amendment may result in bid rejection
and disqualification.
ADDITIONAL INFORMATION
Questions
concerning the contract or technical portions of the bid document must be
submitted in writing to Scott P. Stromer, Purchasing Director, Pasco
County Purchasing Department; 8919 Government Drive; New Port Richey,
Florida 34654; facsimile (fax) machine number (727) 847‑8065. Bidders are cautioned that any statements
made by individuals, or employees of Pasco
County, that materially
change any portion of the bid document shall not be relied upon unless
subsequently ratified by a formal written amendment to the bid document. No contractual or technical questions will be
accepted after ten (10) days prior to the date set for bid opening.
ALTERNATIVE BIDS
The
bidder WILL NOT be allowed to offer more than one (1) price (for the
goods or services specified). If the
said bidder should submit more than one (1) price on any item (or service), ALL
prices will be rejected for that item.
The bidders offering service delivery methods other than those permitted
by the scope of work or specifications may submit a separate envelope clearly
marked "Alternative Bid."
Alternative bids will be deemed nonresponsive and will not be considered
for award. All such responses will,
however, be examined prior to award.
Such examination may result in cancellation of all bids received to
permit rewriting the scope of work or specifications to include the alternative
method, or the alternative method may be considered for future requirements of Pasco County.
ANTITRUST
By
entering into a contract, the contractor conveys, sells, assigns, and transfers
to Pasco County all rights, titles, and interest it may now have or hereafter
acquire under the antitrust laws of the United States and the State of Florida
that relate to the particular goods or services purchased or acquired by Pasco
County under the said contract.
APPLICABLE LAW
SEE ATTACHED AGREEMENT
ASSIGNMENT
The
contractor shall not assign, transfer, convey, sublet, or otherwise dispose of
any award or any or all of its rights, title, or interest therein, or delegate
the duties hereunder without the prior written consent of Pasco County.
AWARD
Consideration
for award will be by proximity to specifications given, costs, and time of
delivery. All purchases, leases, or
contracts that are based on competitive bids will be awarded to the lowest,
responsive, and responsible bidder.
Complete and accurate responses to all items are necessary for the
complete and fair evaluation of bids.
Bid award, in addition to the above stated, will be based on compliance
with the specified requirements as well as the "total-cost" or
"life-cycle costing" concept, including the following: 1) Cost:
A cost analysis will be conducted and will include all identifiable
costs associated with acquisition, installation, maintenance, and operation of
the bidder's offered equipment. The
analysis will be based upon the bidder's proposal data and other costs which,
in the judgment of the evaluators, will be incurred by Pasco County resulting
from acceptance of the bidder's proposal; 2) Equipment: Evaluation of equipment will be based on
compliance with the specifications, expected life of equipment, output,
maintenance, consumption, disposal value, warranty, complexity of operation,
required training, and other factors that may contribute to the overall cost of
the specified item; and 3) Bidder's Reputation and Experience: Evaluation of the bidder's reputation, past
performance, and experience shall be based on the nature and extent of company data
furnished, references and financial responsibility of the bidder. Pasco
County reserves the right to award in
a manner that is deemed to be in Pasco
County's best interest.
BID ACCEPTANCE PERIOD
Any
bid submitted as a result of the solicitation shall be binding on the bidder
for a minimum of ninety (90) calendar days following the bid opening date. Any bid for which the bidder specifies a
shorter acceptance period may be rejected.
BID CLARIFICATIONS
If
any party contemplating the submission of a bid on this invitation is in doubt
as to the true meaning of any part of the plans, specifications, or other
documents, he should submit a written request for an interpretation thereof to
the Purchasing Director. The bidder's
concerns, regarding clarification of specifications and/or discrepancies and/or
omissions and/or changes to the attached specifications shall be made in
writing and received by Pasco County no later than ten (10) calendar days prior
to the bid opening date. The letter from
the bidder shall state clearly, and in detail, the basis for such concern(s) or
request(s). The letter shall be
addressed to the Purchasing Director, and marked "PREBID QUESTION" on
the face of the envelope. The Purchasing
Director will respond in writing. An
interpretation of the bid invitation document will be made only by addendum
duly issued to each party receiving a bid invitation. All such addenda shall become part of the
contract documents. Pasco County
shall not be responsible for explanations or interpretations of bid invitation
documents except as issued in accordance herewith. No oral interpretations will be made as to
the meaning of specifications or any other contract documents. Failure to comply with this provision will
result in the bidder waiving his/her right to dispute the bid specification.
BIDDER CERTIFICATION
The
bidder agrees that submission of a signed bid form is certification that the
bidder will accept an award made to it as a result of the submission.
BIDDER
INVESTIGATIONS
Before
submitting a bid, each bidder shall make all investigations and examinations
necessary to ascertain all site conditions and requirements affecting the full
performance of the contract and to verify any representations made by Pasco County
upon which the bidder will rely. If the
bidder receives an award as a result of its bid submission, failure to have
made such investigations and examinations will in no way relieve the bidder
from its obligation to comply in every detail with all provisions and
requirements of the contract documents, nor will a plea of ignorance of such
conditions and requirements be accepted as a basis for any claim whatsoever by
the contractor for additional compensation.
BIDDERS' LIST
Failure
to submit a bid for the item(s) specified will result in removal from the
bidders' list for such (an) item(s). If
a bid is not submitted, a "NO BID" response must be submitted to
remain on the Pasco
County's bidders' list
for such items. A form for submitting a
"NO BID" is provided on Page 2 for your convenience.
BID ENVELOPES
Envelopes
containing bids must be sealed and marked in the lower left-hand corner with
the invitation number, commodity, and date and hour of opening of bids. Failure to do so may cause bid not to be
considered. Express Company or Express
Mail envelopes containing a sealed bid shall also be sealed and marked in the
lower left-hand corner with the invitation number, commodity, and date and hour
of opening of bids.
BID FORM SUBMISSION
Bids
shall be submitted on the attached forms.
Bids concerning separate bid invitations must not be combined on the
same form or placed in the same envelope.
Bids submitted in violation of this provision shall not be considered. All bids must be signed, in ink, in order to
be considered. Erasures are not
acceptable on bids; if necessary to make a change, strike out or draw a line
through incorrect item and type the correction above, and initial the
correction in ink. If the bidder is a
firm or corporation, the bidder must show the title of the individual executing
the bid, and if the individual is not an officer of the firm or corporation,
the bidder must submit proof that the individual has the authority to obligate
the firm or corporation. BIDS MAY NOT BE
ALTERED OR AMENDED AFTER THE BID CLOSING.
BID RECEIPT AND OPENING
Pasco County
will receive sealed bid proposals until date and time indicated on bid
cover. Bids must be delivered, by hand
or mail, to the Pasco County Purchasing Department, located at 8919 Government Drive,
New Port Richey, Florida,
where they will be opened at the stated time.
Bids must be time stamped in the Purchasing Department before or on the
hour and date indicated on the cover sheet (Invitation for Bid) for the bid
opening. Bids received after the date
and time of the bid opening will be received, date stamped, and returned to the
bidder unopened. It is the
responsibility of the bidder to ensure that bids arrive at the designated
opening place on time. Late or
nondelivery due to mail or express delivery company failure will not be
considered adequate reason for consideration of late bids. FAXED BIDS WILL NOT BE ACCEPTED AND SHALL NOT
BE CONSIDERED FOR EVALUATION OR AWARD.
Notes may be taken at the public reading of the bid(s) at the specified
time and date of the opening or a personal inspection may be made of the bid(s)
after award has been made and documents are placed in central and public files.
BID WITHDRAWAL
Bids may not be changed after the bid closing time.
To
withdraw a bid that includes a clerical error after bid opening, the bidder
must give notice in writing to Pasco
County of claim or right
to withdraw a bid. Within two (2)
business days after the bid opening, the bidder requesting withdrawal must
provide to Pasco County all original work papers, documents,
and other materials used in the preparation of the bid. A bidder may also withdraw a bid prior to the
time set for the opening of bids by simply making a request in writing to Pasco County;
no explanation is required. No bidder
who is permitted to withdraw a bid shall, for compensation, supply any material
or labor to or perform any subcontract or other work for the person to whom the
contract is awarded or otherwise benefit from the contract. No partial withdrawals of a bid are permitted
after the time and date set for the bid opening; only complete withdrawals are
permitted. The decision to allow or
disallow bid withdrawal remains solely with Pasco County.
BRAND NAMES
Any
catalog, brand name, or manufacturer's reference used in the specifications is
intended to be descriptive and not restrictive, and is used only to
indicate type and quality desired. Any
article, equipment, or material, which shall conform to the standards and
excellence, so established, and is of equal merit, strength, durability, and
appearance to perform the desired function, is deemed eligible for offer as a
substitute. The qualifications of the
offering shall be judged as to their conformance with these specifications. Any equipment offered other than herein
specified shall be subject to a competitive demonstration and evaluation by Pasco County. The determination as to whether any alternate
product or service is or is not equal shall be made by Pasco County,
and such determination(s) shall be final and binding upon all bidders.
CANCELLATION
Pasco County
reserves the right to cancel a resulting contract, without cause, by giving
thirty (30) days' prior written notice to the contractor of the intention to
cancel, or with cause if at any time the contractor fails to fulfill or abide
by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of a
resulting contract shall be considered a material breach of contract and shall
be cause for immediate termination of the contract at the sole discretion of Pasco County. In addition to all other legal remedies
available to Pasco County, Pasco County reserves the right to cancel and obtain
from another source, any services which have not been provided within the
required period of time or, if no such time is stated, within a reasonable
period of time from the date of order or request, as determined by Pasco
County.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
The
bidder certifies that the prices submitted in response to the solicitation have
been arrived at independently and without—for the purpose of restricting
competition—any consultation, communication, or agreement with any other bidder
or competitor relating to those prices, the intention to submit a bid, or the
methods or factors used to calculate the prices bid.
CHANGE
IN SCOPE OF WORK
Pasco County
may order changes in the work consisting of additions, deletions, or other
revisions within the general scope of the contract. No claims may be made by the contractor that
the scope of the project or of the contractor's services has been changed,
requiring changes to the amount of compensation to the contractor or other
adjustments to the contract, unless such changes or adjustments have been made
by written amendment to the contract or purchase order signed by Purchasing
Director. If the contractor believes
that any particular work is not within the scope of the project, is a material
change, or will otherwise require more compensation to the contractor, the
contractor must immediately notify Pasco
County in writing of this
belief. If Pasco County
believes that the particular work is within the scope of the contract as
written, the contractor will be ordered to and shall continue with the work as
changed and at the cost stated for the work within the scope.
COLLUSION AMONG BIDDERS
Each
bidder, by submitting a bid, certifies that it is not a party to any collusive
action or any action that may be in violation of the Sherman Antitrust
Act. Any or all bids shall be rejected
if there is any reason for believing that collusion exists among the
bidders. Pasco County
may or may not, at its discretion, accept future bids for the same work from
participants in such collusion. More
than one (1) bid from an individual, firm, partnership, cooperation, or
association under the same or different names may be rejected. Reasonable grounds for believing that a
bidder has interest in more than one (1) bid for the work being bid may result
in rejection of all bids in which the bidder is believed to have interest. Nothing in this clause shall preclude a firm
acting as a subcontractor to be included as a subcontractor for two (2) or more
primary contractors submitting a bid for the work.
CONFLICT OF INTEREST
The
contractor, by submission of its proposal, certifies that to the best of
his/her knowledge or belief, no elected/appointed official or employee of Pasco County
is financially interested, directly or indirectly, in the offer of goods or
services specified in this invitation.
DEBARMENT
By submitting
a bid, the bidder certifies that it is not currently debarred from submitting
bids for contracts issued by any political subdivision or agency of the State
of Florida and that it is not an agent of a person or entity that is currently
debarred from submitting bids for contracts issued by any subdivision or agency
of the State of Florida.
ERRORS IN EXTENSIONS
If
the unit price and the extension price are at variance, the unit price shall
prevail.
EXCEPTIONS
Bidders
taking exception to any part or section of the solicitation shall indicate such
exceptions on the bid form or appendix.
Failure to indicate any exception will be interpreted as the bidder's
intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically
allowed, shall be subject to rejection in whole or in part.
ETHICS
IN PUBLIC PROCUREMENT
The
contract shall incorporate by reference, but shall not be limited to, the
provisions of law contained in Chapter 112, Florida Statutes. A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to a public
entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids
on leases or real property to a 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 Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date
of being placed on the convicted vendor list.
The bidder certifies that its bid was made without collusion or fraud;
that it has not offered or received any kickbacks or inducements from any other
bidder, supplier, manufacturer, or subcontractor in connection with this bid;
and that it has not conferred on any public employee having official
responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services, or anything of value.
EXPENSES INCURRED IN PREPARING BID
Pasco County
accepts no responsibility for any expense incurred by the bidder in the
preparation and presentation of a bid.
Such expenses shall be borne exclusively by the bidder.
FAILURE TO DELIVER
SEE ATTACHED AGREEMENT
FAILURE TO ENFORCE
Failure
by Pasco County at any time to enforce the
provisions of the contract shall not be construed as a waiver of any such
provisions. Such failure to enforce
shall not affect the validity of the contract or any part thereof or the right
of Pasco County to enforce any provision at any
time in accordance with its terms.
FAIR LABOR STANDARDS
By
submission of a bid, the bidder certifies that the contractor(s) and/or
subcontractor(s) providing product(s) or service(s) shall, in the execution or
performance of such a contract, maintain fair labor standards as defined in
applicable State and Federal regulations.
FORCE MAJEURE
SEE ATTACHED AGREEMENT
IDENTICAL BIDS
Identical
bids or bids which otherwise appear suspicious will be reported to the County Attorney
for investigation.
INDEMNIFICATION
SEE ATTACHED AGREEMENT
INDEPENDENT CONTRACTOR
SEE ATTACHED AGREEMENT
INFORMALITIES
AND IRREGULARITIES
Pasco County
has the right to waive minor defects or variations of a bid from the exact
requirements of the specifications that do not affect the price, quality, quantity,
delivery, or performance time of the services being procured. If insufficient information is submitted by a
bidder with the bid for Pasco County to properly evaluate the bid, Pasco County
has the right to require such additional information as it may deem necessary
after the time set for receipt of bids, provided that the information requested
does not change the price, quality, quantity, delivery, or performance time of
the services being procured. The BCC
reserves the right to reject any or all bids in whole or in part; to award by
any item, group(s) of items, total bid, or accept the bid that is most
advantageous and in the best interest of Pasco County.
LIMITATION OF COST
The
contractor agrees to perform the work specified and complete all obligations
under the contract within the stated amounts.
NONAPPROPRIATION
SEE ATTACHED AGREEMENT
NONCONFORMING TERMS AND CONDITIONS
A bid
response that includes terms and conditions that do not conform to the terms
and conditions in the bid document is subject to rejection as
nonresponsive. Pasco
County reserves the right to permit
the bidder to withdraw nonconforming terms and conditions from its bid response
prior to a determination by Pasco
County of
nonresponsiveness based on the submission of nonconforming terms and
conditions.
NONDISCRIMINATION
By
submission of bid, the bidder certifies that the contractor(s) and/or
subcontractor(s) providing product(s) or service(s) shall not discriminate
against any employee or applicant for employment, to be employed in the
performance of such contract, with respect to his/her hire, tenure, terms,
conditions, or privileges of employment, because of his/her race, color,
religion, sex, disability, or national origin, as outlined in applicable State
and Federal regulations.
ORAL STATEMENTS
No
oral statement of any person shall modify or otherwise affect the terms,
conditions, or specifications stated in this contract. All modifications to the contract or purchase
order must be made in writing by Pasco
County.
PATENTS AND ROYALTIES
The
contractor covenants to save, defend, keep harmless, and indemnify Pasco County
and all of its officers, departments, agencies, agents, and employees from and
against all claims, loss, damage, injury, fines, penalties, and cost—including
court costs and attorney's fees, charges, liability, and exposure, however
caused—for or on account of any copyright or patented or unpatented invention,
process, or article manufactured or used in the performance of the contract,
including its use by Pasco County. If
the contractor uses any design, device, or materials covered by patent or
copyright, it is mutually agreed and understood without exception that the
contract price includes all royalties or costs arising from the use of such
design, device, or materials in any way in the work.
PAYMENT
PROCEDURES
SEE ATTACHED AGREEMENT
PAYMENT
TERMS AND DISCOUNTS
SEE ATTACHED AGREEMENT
PROCUREMENT REGULATIONS
A
copy of the Pasco County Procurement Ordinance is available for review at Pasco
County Purchasing Department, 8919 Government
Drive, New Port Richey, Florida.
PUBLIC INFORMATION
Upon
public opening of all bids or proposals presented to Pasco County
as a result of this solicitation, any and all information contained therein is
considered public and may be reviewed by any persons interested in doing so.
PURCHASE ORDER REQUIREMENT
Purchases
of Pasco County are authorized only if a signed
purchase order issued in advance of the transaction, showing that the ordering
agency has sufficient funds available to pay for the service. Contractors providing services without a
signed purchase order do so at their own risk.
Pasco County will not be liable for payment
for any services provided under the contract unless a valid purchase order has
been issued to the contractor.
QUALIFICATIONS OF BIDDERS
The
bidder may be required before the award of any contract to show to the complete
satisfaction of Pasco
County that it has the
necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner.
The bidder may also be required to give a past history and references in
order to satisfy Pasco
County in regard to the
bidder's qualifications. Pasco County
may make reasonable investigations deemed necessary and proper to determine the
ability of the bidder to perform the work, and the bidder shall furnish to Pasco County
all information for this purpose that may be requested. Pasco
County reserves the right to reject
any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy Pasco County that the bidder is properly
qualified to carry out the obligations of the contract and to complete the work
described therein. Evaluation of the
bidder's qualifications shall include:
1.
The ability, capacity, skill, and financial
resources to perform the work or provide the service required.
2.
The ability of the bidder to perform the work or
provide the service promptly or within the time specified, without delay or
interference.
3.
The character, integrity, reputation, judgment,
experience, and efficiency of the bidder.
4.
The quality of performance of previous contracts
or services.
RIGHT
TO AUDIT
The contractor shall maintain such financial records
and other records as they relate to the purchase of goods and/or services by Pasco County
from the subject vendor. The contractor
shall retain these records for a period of three (3) years after final payment,
or until they are audited by Pasco
County, whichever event
occurs first. These records shall be
made available during the term of the contract and the subsequent three (3)
year period for examination, transcription, and audit by Pasco County,
its designees, or other authorized bodies.
RECOVERY OF MONEY
SEE ATTACHED AGREEMENT
QUALITY OF GOODS
All
goods shall be new, in first class condition, and of the manufacturer's latest
design of the model presently in production.
All materials, supplies, and equipment furnished or services performed
under the terms of this purchase order or contractual agreement shall comply
with the requirements and standards specified in the Williams-Steiger
Occupational Safety and Health Act of 1970 (Public Law 91‑596),
as well as other applicable Federal, State, and local codes. Equipment and materials furnished by the
bidder having serious defects, corrosion, or scratches which tend to present an
"other than new" appearance shall be promptly replaced or such
defects promptly corrected by the bidder at no cost to Pasco County. Any existing Material Safety Data Sheets
(MSDS) for the products, materials, supplies, or equipment being bid must be
submitted with the bid. No product
containing asbestos, lead paint, or polychlorinated biphenyl (PCB) in any form
will be considered for award by Pasco
County.
RISK OF LOSS
Pasco County
shall be relieved from all risks of loss or damage to goods during periods of
transportation, manufacture, and the entire time the goods are in the
possession of Pasco County prior to acceptance by Pasco County. At such time, the risk of loss or damage for
goods shall pass to Pasco
County. The bidder/contractor shall not be
responsible for damage to the goods occasioned by negligence of Pasco County
or its employees.
TABULATIONS
Solicitation
results, plan holder lists, and related information may be retrieved from our
website: www.PascoCountyFL.net. Click on "Bids," click on
"closed solicitations," and look for the solicitation number in the
appropriate year. Solicitation results
will normally be available online within three (3) working days after
opening. Lengthy tabulations may not be
available online, but may be viewed in the Purchasing Department. Plan holder lists will normally be available
two (2) weeks prior to opening. Plan
holder lists will be posted once, based on the information at the time, and will
not be updated. Tabulations will not
be given over the telephone or via fax.
TAXES
SEE ATTACHED AGREEMENT
UNSATISFACTORY WORK
If,
at any time during the contract term, the service performed or work done by the
contractor is considered by Pasco County to create a condition that threatens
the health, safety, or welfare of the community, the contractor shall, on being
notified by Pasco County, immediately correct such deficient service or
work. In the event the contractor fails,
after notice, to correct the deficient service or work immediately, Pasco County
shall have the right to order the correction of the deficiency by separate
contract or with its own resources at the expense of the contractor. Notwithstanding the above, Pasco County
reserves the right to cancel a resulting contract, without cause, by giving
thirty (30) days' prior written notice to the contractor of the intention to
cancel.
END
OF GENERAL PROVISIONS
SPECIAL PROVISIONS
In
addition to the General Provisions of this solicitation, these Special
Provisions, along with the specifications that follow, apply in like force to
this solicitation and to any subsequent contract resulting therefrom.
CONTRACT TERM
It is
anticipated that the contract period will begin on the date of BCC approval
(estimated to be March 27, 2007), and continue for at least five (5) years, under
the same prices, terms, and conditions as in the original contract approved by
the BCC, unless canceled in writing by Pasco County. It is anticipated that the resulting contract
will include provision for an additional five (5) year extension, upon mutual
agreement. All contracts are subject to
the appropriation of funds by the BCC.
INSURANCE REQUIREMENTS
SEE ATTACHED AGREEMENT
REQUIREMENTS CONTRACT
During
the period of the contract, the contractor shall provide all the services
described in the contract. The
contractor understands and agrees this is a requirements contract and Pasco County
shall have no obligation to the contractor if no services are required. Any quantities that are included in the scope
of work reflect the current expectations of Pasco County
for the period of the contract. The
amount is only an estimate and the contractor understands and agrees Pasco County
is under no obligation to the contractor to buy any amount of the services as a
result of having provided this estimate or of having any typical or measurable
requirement in the past. The contractor
further understands and agrees Pasco County may require services in an amount
less than or in excess of the estimated annual contract amount, and the
quantity actually used, whether in excess of the estimate or less than the
estimate, shall not give rise to any claim for compensation other than the
total of the unit prices in the contract for the quantity actually used.
SURETY REQUIRED
1.
Bid Surety:
A Bid Bond, cashier's check, or certified check, in the amount of $10,000.00,
made payable to Pasco County shall accompany each bid. The bid surety of all bidders shall be
retained until after the award of the contract is made. The bid surety of the successful bidder shall
be retained until the posting of a Performance Bond. The failure of the bidder to accept an award
and file acceptable Performance and/or Payment Bonds within fifteen (15) days
after award shall be just cause for cancellation of the award and the
forfeiture of the bid surety to Pasco
County as liquidated
damages. Award may then be made to the
next lowest, responsive, and responsible bidder. The bond shall be a Corporate Surety Bond issued
by a surety company authorized to do business in the State of Florida.
2.
Performance Surety: A Performance Bond, in the amount of $500,000.00,
shall be required of the successful bidder to ensure satisfactory ongoing
performance as specified herein. The
bond shall be a Corporate Surety Bond issued by a surety company authorized to
do business in the State of Florida. The Attorney in Fact, who signs the bond,
must file with the bond, a certificate and effective dated copy of a Power of
Attorney. The surety company shall have
a current, valid Certificate of Authority issued by the State of Florida. The surety company shall have current, valid
Certificate of Authority issued by the United States Treasury Department under
Sections 9304 to 9308 of Title 31 of the U.S. Code.
The surety company shall be in full compliance
with the provisions of the Florida Insurance Administrative Code, and shall
have at least twice the minimum surplus and capital required by the same at the
time the Invitation for Bid is issued.
3.
Alternative Surety: A certified check for cash escrow deposit, in
the face amount of the contract, such as a Personal Bond, Property Bond, or a
bank or savings and loan association Letter of Credit may be tendered in lieu
of a Bid, Payment, or Performance Bond subject to approval by Pasco County.
END
OF SPECIAL PROVISIONS
FUEL AND PETROLEUM PRODUCT SPECIFICATIONS
1. SCOPE
1.1 Scope: It is the intent of this specification to describe
required motor fuels and petroleum products, which will be purchased in
accordance with the attached Agreement on a multi-year, ongoing basis.
2. MINIMUM
REQUIREMENTS
2.1 MOTOR FUELS
2.1.1 The fuels listed on
the Bid Form shall be supplied.
2.1.2 Methanol
and/or ethanol blended fuels are not acceptable. Octane ratings may not be achieved by adding
an octane booster or other products subsequent to the refinery process.
2.1.3
All gasoline shall be volatile hydrocarbon fuel,
free from water and suspended matter, and suitable for use as fuel for internal
combustion engines. All fuel must meet
or exceed State of Florida standards and specifications in-effect at the time
of offering.
2.1.4
Ultra Low Sulfur Diesel Fuel oil shall be provided
at all fuel islands throughout the County.
This fuel is intended for use in all automotive high-speed/medium-speed
engine applications. The diesel fuel
supplied under this specification shall be refined hydrocarbon distillate fuel
oil. The feed stock from which the
diesel fuel is refined shall be crude oil derived from petroleum, tar sands,
oil shale or mixtures thereof.
2.1.5
Regular No. 2 Diesel Fuel oil shall be used to
refuel emergency generators throughout the County. This fuel is intended for use in industrial
and generator engine applications. The
diesel fuel supplied under this specification shall be refined hydrocarbon
distillate fuel oil. The feed stock from
which the diesel fuel is refined shall be crude oil derived from petroleum, tar
sands, oil shale or mixtures thereof.
2.1.6
The finished diesel fuel shall be visually free
from un-dissolved water, sediment and suspended matter, and shall be clear and
bright when tested in accordance with method A or B of ASTM D4176.
2.1.7
Diesel fuel stabilizer additives may be blended
into the diesel fuel when additional protection against deterioration is
required. These additives will perform the
following functions: antioxidant,
biocide, corrosion inhibition, dispersant, and metal deactivation.
2.1.8
The finished fuels shall conform to the current and amended requirements adopted by the
Florida Department of Agriculture and Consumer Services for each of the
respective fuels.
2.1.9
Should questions arise as to the quality of
products furnished, the County may conduct tests to ensure compliance. If it is determined that any furnished
product does not meet the subject specifications, terms or conditions, such
products must be removed in a timely manner by and at the vendor’s
expense. The vendor shall be liable for
any consequential damages, in addition to all fees or expenses related to
testing if a product fails.
2.1.10 Bidder
shall offer a fixed fee per gallon of fuel for the fuels listed on the
Bid Form, exclusive of all taxes. The
fixed fee will be adjusted periodically in accordance with the attached
agreement. The fixed fee will include ALL costs associated with handling and
transportation to delivery locations including, but not limited to, all
administrative charges, overhead, profit, etc.
2.1.11 Bidder shall also offer a fixed fee
per gallon of Regular No. 2 Diesel Fuel Oil (Bid Form) for refueling of
emergency generators throughout the County, exclusive of all taxes. The fixed fee will be adjusted periodically
in accordance with the attached agreement.
The fixed fee will include ALL costs
associated with handling and transportation to delivery locations including,
but not limited to, all administrative charges, overhead, profit, etc.
2.2 PETROLEUM
PRODUCTS (NON-MOTOR FUEL)
2.2.1
The petroleum products listed on the Bid Form
shall be provided.
2.2.2
Products offered must be State of Florida
approved, if applicable (i.e. antifreeze, brake fluid, etc.).
2.2.3
Bidder shall offer unit prices for the specified
products and provide the product name, number, etc. The unit prices for the products will be
adjusted in accordance with the attached agreement. The prices will include ALL costs associated
with handling and transportation to delivery locations including, but not
limited to, all administrative charges, overhead, profit, etc.
2.3 AGREEMENT
2.3.1 See attached Agreement for remaining terms
and conditions.
END
OF SPECIFICATIONS
BID FORM
Business Name: ______________________________________________________________
PRODUCT
PRICING
|
Item
No.
|
Estimated
Annual
Quantity
|
Description
|
Unit
Price
|
Unit
|
Total
|
|
1.
|
1.3 Million Gallons
|
Regular
Unleaded Gasoline, 87 Octane Minimum (Gallon)
|
|
Fixed Fee*
|
|
|
2.
|
550,000
Gallons
|
Mid-Grade
Unleaded Gasoline, 89 Octane Minimum (Gallon)
|
|
Fixed
Fee*
|
|
|
3.
|
750,000
Gallons
|
Ultra Low Sulfur No. 2 Diesel (Gallon)
|
|
Fixed Fee*
|
|
|
4.
|
19,500
Gallons
|
Emergency
Generator Refueling--
Regular
No. 2 Diesel (Gallon)
|
|
Fixed
Fee**
|
|
|
5.
|
694 Gallons
|
ATF-DEX
(55-Gallon Drum)
|
|
Gallon
|
|
|
6.
|
554 Gallons
|
MT424
Tractor Hydraulic Fluid
(55-Gallon
Drum)
|
|
Gallon
|
|
|
7.
|
1,040 Gallons
|
Hydraulic
68 Fluid (Bulk)
|
|
Gallon
|
|
|
8.
|
7,542 Gallons
|
15W40
Oil (Bulk)
|
|
Gallon
|
|
|
9.
|
60 Gallons
|
85W140
Oil (55-Gallon Drum)
|
|
Gallon
|
|
|
10.
|
1,150 Tubes
|
NLG12
Grease Tubes
(14
oz Tubes)
|
|
Tube
|
|
|
11.
|
1,560 Pounds
|
EP2
Grease (Bulk)
|
|
Pound
|
|
|
12.
|
55 Gallons
|
A15
Aviation Fluid
(55-Gallon
Drum)
|
|
Gallon
|
|
|
13.
|
425 Gallons
|
Antifreeze
(55 Gallon Drum)
|
|
Gallon
|
|
|
|
|
ESTIMATED
ANNUAL TOTAL
|
|
|
|
*Fixed Fee in accordance
with Paragraph No. 5 of the attached Agreement.
**Fixed Fee in
accordance with Paragraph No. 7 of the attached Agreement.
Business Name:
____________________________________________________________
DESCRIPTION
OF OFFERED PRODUCTS
|
Item
No.
|
Description
|
Products
Offered
(Brand/Product
Name/Product Number)
|
|
1.
|
Regular
Unleaded Gasoline (Gallon)
|
|
|
2.
|
Mid-Grade
Unleaded Gasoline (Gallon)
|
|
|
3.
|
Ultra
Low Sulfur No. 2 Diesel (Gallon)
|
|
|
4.
|
Regular
No. 2 Diesel (Gallon)
|
|
|
5.
|
ATF-DEX
(55-Gallon Drum)
|
|
|
6.
|
MT424
Tractor Hydraulic Fluid
(55-Gallon
Drum)
|
|
|
7.
|
Hydraulic
68 Fluid (Bulk)
|
|
|
8.
|
15W40
Oil (Bulk)
|
|
|
9.
|
85W140
Oil (55-Gallon Drum)
|
|
|
10.
|
NLG12
Grease Tubes
|
|
|
11.
|
EP2
Grease (Bulk)
|
|
|
12.
|
A15
Aviation Fluid (55-Gallon Drum)
|
|
|
13.
|
Antifreeze
(55 Gallon Drum)
|
|
Business Name:
____________________________________________________________
TAXES
APPLICABLE TO OFFERED PRODUCTS
|
TYPE
|
GASOLINE
|
DIESEL
|
|
Florida Excise Tax
|
|
|
|
Pasco County Local Option Tax
|
|
|
|
Florida Inspection Fee
|
|
|
|
Federal Oil Spill Tax
|
|
|
|
Florida Pollutants Control Tax
|
|
|
|
Florida Gasoline LUST/KERO Diesel Tax
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
"We
offer to sell/provide Pasco County, Florida, the above item(s) and/or
service(s) at the price(s) stated, in accordance with the terms and conditions
contained herein. In addition, the
item(s) and/or service(s) offered above meet all specifications contained
herein or attached, unless otherwise stipulated by exception. This offer to sell/provide is firm for ninety
(90) days."
_________________________________________
(Signature of Bidder—Ink)
_________________________________________
(Printed Name and Title)
_________________________________________
(Business Name)
Receipt of Addendum No. _______________ through
No. _______________ is acknowledged.
Business Name: _______________________________________________________________
(The Name on File with
the Internal Revenue Service)
Doing Business as (Fictitious
Name): ______________________________________________
Business Organization:
Corporation:
Partnership: General Limited
Limited Liability
Company (LLC):
State Registered In: __________________________ Year:
________________________
Sole Proprietorship: Owner:
______________________________________________
Other: ____________________________________________________________________
Telephone: ___________________________________________________________________
Facsimile: ____________________________________________________________________
Address: _____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Date: ________________________________, ________
AGREEMENT FOR SUPPLY OF MOTOR FUELS AND PETROLEUM
PRODUCTS
BETWEEN PASCO
COUNTY, FLORIDA, AND __________________________
THIS AGREEMENT by and between PASCO COUNTY,
FLORIDA, a political subdivision of the State of Florida, acting by and through
its Board of County Commissioners (hereinafter referred to as ‘PASCO COUNTY”),
and ______________________________, whose address is
_________________________________________________________ (hereinafter referred
to as "SUPPLIER").
WHEREAS, PASCO
COUNTY desires to purchase fuel and petroleum products to support day-to-day
COUNTY operations and the COUNTY’S required response to emergency events that
affect the public’s health, welfare and protection of property; and
WHEREAS,
SUPPLIER desires to provide fuel and petroleum products and render certain
services as described herein, and the SUPPLIER hereby certifies it has the
facilities, capability, qualifications, experience, staff, and resources to
provide these goods and services; and
NOW, THEREFORE, in consideration of
the mutual covenants and agreements hereinafter contained, the parties hereto
agree as follows:
1. PRODUCT AND QUANTITY (MOTOR FUEL). SUPPLIER agrees to sell and deliver to PASCO COUNTY
such quantities of SUPPLIER'S motor fuel, (gasoline and/or diesel fuel) as PASCO COUNTY
may require at PASCO COUNTY’S fueling sites throughout Pasco County, Florida. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of motor fuel.
It is expressly understood and agreed that SUPPLIERS prices and
quantities of motor fuel sold to PASCO
COUNTY are based on NET
gallons.
2. PRODUCT
AND QUANTITY (EMERGENCY GENERATOR MOTOR FUEL). SUPPLIER agrees to sell and deliver to PASCO COUNTY
such quantities of SUPPLIER’S emergency generator fuel as PASCO
COUNTY may require at various
locations throughout Pasco County,
FL. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of motor fuel for emergency generators. It is expressly understood and agreed that
SUPPLIER’S prices and quantities of emergency generator fuel sold to PASCO COUNTY
are based on METERED gallons.
3. PRODUCT
AND QUANTITY (NON-MOTOR FUEL/PETROLEUM PRODUCTS). SUPPLIER agrees to sell and deliver to PASCO COUNTY
such quantities of SUPPLIER’S various types of oil, hydraulic fluid, grease and
antifreeze for the Fleet Maintenance Operations. PASCO
COUNTY agrees to utilize
SUPPLIER as its primary source of non-motor fuel/petroleum products including,
but not limited to, various types of oil, hydraulic fluid, grease and
antifreeze.
4. MOTOR
FUEL SOLD AND DELIVERED. The motor
fuel sold to PASCO
COUNTY shall be the
brands and grades regularly offered to SUPPLIER’S customers in the geographical
area in which the business is located.
No deliveries will be accepted during any period of time, which will
cause interruption of service or operations.
PASCO COUNTY fueling facilities will make
available to the SUPPLIER ease of accessibility to the facilities’ fuel
drops. SUPPLIER shall not be required to
make deliveries in less than twenty-four (24) hours (but not longer than
forty-eight (48) hours following receipt of PASCO COUNTY’S order), outside of
SUPPLIER’S regular business hours, on Saturday, Sunday or Holidays, with the
exception of emergency events as defined by Pasco County. Deliveries will be coordinated through the
Pasco County Fleet Management Department.
5. PRICE
(MOTOR FUEL). The purchase price to
be paid by PASCO COUNTY shall be computed by adding a fixed fee of $__________
per gallon, for Regular Unleaded Fuel (minimum 87 octane), a fixed fee of
$__________ per gallon for Mid-Grade Unleaded Fuel (minimum 89 octane), and
$__________ per gallon, for Ultra Low Sulfur Diesel Fuel, to the published weekly
OPIS average for PAD 1, Tampa, Florida.
The fixed fee will remain firm for the first year of the contract. Beginning on ____________________________,
the fixed fees indicated above shall be adjusted for subsequent contract years
based on the movement in average fuel prices, including taxes, as compiled by
the Fleet Management Department in its Fuel Price Records for the appropriate
time frame. The fixed fee will be
increased or decreased by Pasco County, upon written request of the vendor, in
an amount no more than the percentage of movement (and direction) in the
average price for Regular Unleaded Fuel, Mid-Grade Unleaded Fuel, and the
average price for Ultra Low Sulfur Diesel for the twelve (12) month period
ending December 31st. The
fixed fee will include ALL costs associated with handling and transportation to
delivery locations including, but not limited to, all administrative charges,
overhead, profit, etc. If fuel must be
pumped, the SUPPLIER shall be entitled to a fee of $_________ per “pump off”
location. If this agreement is extended
beyond the initial five (5) year term, the charge to pump fuel will increase to
$_________ per “pump off” location and remain firm through the end of the
agreement. No “drop” or “split load” fees will be
allowed for combined product loads of 2,500 gallons or more.
6. EMERGENCY
GENERATOR FUEL DELIVERED. Emergency
Generator Fuel will be delivered to emergency generator locations as specified and
upon request by PASCO
COUNTY. The SUPPLIER will make delivery within 24 to
48 hours.
7. PRICE (EMERGENCY GENERATOR FUEL). The purchase price to be paid by PASCO COUNTY
shall be computed by adding a fixed fee of $________ per gallon (Regular No. 2 Diesel),
for non-emergency fueling, and $________ per gallon (Regular No. 2 Diesel), for
fueling during emergency events, to the
published daily OPIS average for PAD 1, Tampa, Florida. The fixed fee will remain firm for the first
year of the contract. Beginning on _________________,
the fixed fees indicated above shall be adjusted based on the movement in
average fuel prices as compiled by the Fleet Management Department in its Fuel
Price Records for the appropriate time frame.
The fixed fee will be increased or decreased by Pasco County, upon
written request of the vendor, in an amount no more than the percentage of
movement (and direction) in the average price for Regular No. 2 Diesel for the
twelve (12) month period ending December 31st. The fixed fee will include ALL costs
associated with handling and transportation to delivery locations including,
but not limited to, all administrative charges, overhead, profit, etc. . No “drop” or “split load” fees will be
allowed for combined product loads of 2,500 gallons or more.
8. NON-MOTOR FUEL/PETROLEUM DELIVERED. Petroleum products shall be delivered to the
locations specified and upon request by PASCO COUNTY. The SUPPLIER will make all deliveries between
the hours of 8:00 AM and 5:00 PM, unless otherwise directed by Pasco County.
9. PRICE (NON-MOTOR FUEL/PETROLEUM PRODUCTS). The SUPPLIER agrees to provide Conoco
Phillips 76 or equivalent products. The
purchase prices to be paid shall be:
Non-Motor Fuel/Petroleum Product Pricing
(Table A)
|
Item
No.
|
Description
|
Unit
of Measure
|
Brand
|
Unit
Price
|
|
1
|
ATF-DEX
|
55-Gal
|
|
|
|
2
|
MT424 Tractor Hydraulic Fluid
|
55-Gal
|
|
|
|
3
|
Hydraulic 68
|
Gallon
|
|
|
|
4
|
15W40
|
Gallon
|
|
|
|
5
|
85W140
|
55-Gal
|
|
|
|
6
|
Grease Tubes NLG12
|
Tube
|
|
|
|
7
|
Grease EP2
|
LB
|
|
|
|
8
|
Aviation Fluid A15
|
55-Gal
|
|
|
|
9
|
Antifreeze
|
55-Gal
|
|
|
The unit prices stated in Table A shall
remain firm for the first year of the contract.
The above prices may be adjusted for subsequent contract years,
bi-annually, based on the movement in ___________________________________. The prices will be increased or decreased by
Pasco County, upon written request of the vendor, in an amount no more than
__________________________________________________________. The prices will include ALL costs associated
with handling and transportation to delivery locations including, but not
limited to, all administrative charges, overhead, profit, etc.
REMAINDER OF THIS PAgE INTENTIONALLY LEFT BLANK
10. RESERVED.
11. ALLOCATION.
If at any time, the
volume of motor fuel the SUPPLIER has available for sale and delivery to PASCO
COUNTY is less than the volume needed to satisfy all of SUPPLIER’S customers’
demands, due to a shortage of supply from SUPPLIER’S primary fuel supplier,
other regular sources of supply, or in the overall market, it is understood and
agreed that SUPPLIER will give priority to PASCO COUNTY if this occurs. Because of PASCO
COUNTY’S public safety needs, SUPPLIER
will allocate and distribute enough fuel to satisfy PASCO COUNTY’S
essential and operational needs, as requested during emergency operations.
12. FAILURE
TO DELIVER. The obligation of the
parties to deliver and receive motor fuel hereunder shall be suspended and
excused if SUPPLIER and/or it’s primary supplier is prevented from or delayed
in the production, manufacture, transportation or delivery of any motor fuel or
the materials from which motor fuel is manufactured; or if CUSTOMER is
prevented from receiving motor fuel at their fueling sites because of acts of
God, earthquake, fire, flood or the elements, malicious mischief, riots,
strikes, lockouts, boycotts, picketing, labor disputes or disturbance, war or
compliance with any directive, order or
regulation of any governmental authority or representative thereof acting under
claim or color of authority; or because of loss or shortage of any motor fuel
or of any part of SUPPLIER’S and/or it’s primary supplier’s own or customary
transportation or delivery facilities; or because of a known or suspected leak
in the motor fuel storage tanks or piping; or for any reason beyond SUPPLIER’S
or it’s primary supplier’s reasonable control, whether or not similar to the
foregoing.
In the event of SUPPLIER’S failure to deliver the goods and services in
accordance with the Contract terms and conditions, absent the above excuses and
conditions for suspension, PASCO
COUNTY may procure the
goods and services from other sources and hold the SUPPLIER responsible for any
resulting additional costs. Such a
failure to deliver will result in immediate termination of a resulting
Contract, and may disqualify SUPPLIER from doing business with PASCO COUNTY
for a maximum of three (3) years. These
remedies shall be in addition to any other remedies that Pasco County
may have available.
13. PAYMENT
PROCEDURES. The Pasco County Board
of County Commissioners has adopted Resolution No.
95-70, incorporating its Invoice Payment Procedures Policy in order to help
ensure that vendors providing goods and/or services to the Board receive
payment in a timely manner and in accordance with Chapter 218, Part VII,
Florida Statutes, (the Florida Prompt Payment Act). A copy of Resolution N. 95-70 (which includes
the policy is available for viewing during normal business hours at the Office
of the Pasco County Clerk of the Circuit Court; 38053 Live Oak Avenue; Department
of Secretarial Services, Room 205; Dade City, Florida 33525. Copies of the Resolution may be obtained at a
cost of $1.20. Please make your check
payable to Jed Pittman, Clerk of the Circuit Court, and forward payment to the
Department of Secretarial Services at the address noted above. For further information, please call (352)
521-4347. Several payment options are
available to the SUPPLIER, upon receipt of a correct invoice:
1.
Check may be
mailed to the remit address on the invoice.
The check is sent to the post office the day after Board approval.
2.
Check may be
picked up in Dade
City. The SUPPLIER must pick up the check the day
after Board approval. The SUPPLIER must
call (352) 521-4599 for detailed instructions.
3.
Payment may
be wire-transferred to the SUPPLIER’S bank account. The SUPPLIER must call (352) 521-4599 for
detailed instructions.
14. PAYMENT
TERMS. Payment for the goods and services specified herein shall be due
within thirty (30) days from the
date a correct invoice and correct supporting documentation, is received
by Clerk of Circuit Court. Payments are
considered effective on the date payment is mailed, wire-transferred to the
SUPPLIER’S bank, or made available for pick up.
15. INDEMNIFICATION OF THE COUNTY.
A. SUPPLIER shall indemnify and save PASCO
COUNTY, its Commissioners, officers, agents, employees, harmless from and
against any claim, damages, costs, including attorney's fees, or causes of
action of whatsoever kind or nature, whether direct, indirect or consequential,
including, but not limited to, bodily injury, sickness, disease or death,
infringement of copyright or patent, or injury to or destruction of property,
including loss of use, which claims arise out of or are related to or in any
way connected with this Agreement, provided such claim is caused by the
negligent error, omission, act, or failure to act of SUPPLIER, its agents,
servants or employees in the performance of services under this Agreement. The SUPPLIER shall not indemnify PASCO COUNTY
for any negligence of PASCO
COUNTY'S employees or
agents. This indemnity shall include,
but not be limited to, charges of attorneys, legal assistants, and other
professionals, and costs of both defense and appeal in a court of law or other
tribunal, for any reason.
B. The SUPPLIER'S indemnification
obligation under the provision shall not be limited in any way to the
consideration hereunder, the agreed upon prices as shown in any Purchase Order
issued pursuant to this Contract, or any other agreed payment or compensation
amount, nor shall this indemnification be limited due to the SUPPLIER'S lack of
sufficient insurance protection. The
SUPPLIER hereby acknowledges and expressly agrees that the compensation to be
paid to the SUPPLIER by PASCO
COUNTY pursuant to this
Contract specifically includes compensation as consideration for the
indemnification provided herein.
16. INVOICING. Invoices must include, as separate line
items, the following minimum information:
1.
Description/Type
of Fuel/Product
2.
Quantity
3.
Date/Location
of Fuel Delivery
4.
Price-per-gallon,
unit prices, excluding taxes.
5.
Itemized
list and amounts of applicable taxes.
6.
Total amount
due.
A copy of the Daily or Weekly OPIS Average
from which the prices are calculated must accompany the invoice.
17. NONAPPROPRIATION. All funds for payment by PASCO COUNTY
under this contract are subject to the availability of an annual appropriation
for this purpose by Pasco
County. In the event of nonappropriation of funds by
Pasco County for the services provided under the Contract, Pasco County will
terminate the Contract, without termination charge or other liability, on the
last day of the then current fiscal year or when the appropriation made for the
then current year for the services covered by this Contract is spent, whichever
event occurs first.
If at any time funds are not appropriated for the continuance of this
Contract, cancellation, shall be accepted by the SUPPLIER on thirty (30) days
prior written notice, but failure to give such notice shall be of no effect and
Pasco County shall not be obligated under this
Contract beyond the date of termination.
18. RECOVERY
OF MONEY. Whenever, under the
contract, any sum of money shall be recoverable from or payable by the SUPPLIER
to Pasco County,
the same amount may be deducted from any sum due the SUPPLIER under the
contract or under any other contract between the SUPPLIER and Pasco County. The rights of Pasco
County are in addition and without
prejudice to any other right Pasco
County may have to claim
the amount
of any loss or damage suffered by Pasco County
on account of the acts or omissions of the SUPPLIER.
19. TAXES.
All
applicable taxes will be added after the fixed fee per gallon is established. Taxes not included in the posted terminal
price include, but are not limited to, Florida Excise Tax, Local Option Tax, Federal
Oil Spill Tax, Florida Pollutants Control Tax, LUST and Florida Inspection
Fee. In the event other governmental
nonexempt taxes are imposed that are not included in the posted terminal price,
they will also be added after the fixed fee per gallon is established. Should any taxes be raised, the applicable
new rate will be used. All payments will
include the applicable taxes, although they will not be calculated in the
initial averaging figures or total figures for taxes of award. Should a dispute arise over the correct tax
rate or applicable add-on taxes, the State of Florida, Department of Revenue
(or the respective governmental agency), will be requested to issue an official
position, which shall then become final and binding on all parties to the
Contract.
All revenues found to be due and payable shall be calculated on a
retroactive basis to the date the tax was imposed.
Applicable Taxes
(Table B)
|
TYPE
|
GASOLINE
|
DIESEL
|
|
Florida Excise Tax
|
|
|
|
Pasco County Local Option Tax
|
|
|
|
Florida Inspection Fee
|
|
|
|
Federal Oil Spill Tax
|
|
|
|
Florida Pollutants Control Tax
|
|
|
|
Florida Gasoline LUST/KERO Diesel Tax
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
|
Other (specify)
|
|
|
20. TERMINATION. Failure of the SUPPLIER to comply with any of
the provisions of this Contract shall be considered a material breach of
contract and shall be cause for immediate termination of the Contract at the
sole discretion of PASCO
COUNTY.
In the event of such termination, and in
addition to all other legal remedies available to PASCO
COUNTY, PASCO COUNTY
reserves the right to obtain from another source the goods and services
specified herein and hold the SUPPLIER responsible for any resulting additional
costs for up to sixty (60) days from the date of termination.
21. INSURANCE
REQUIREMENTS.
A. The SUPPLIER shall not commence any work
pursuant to this agreement until satisfactory proof of all insurance required
hereunder has been provided to and approved by PASCO COUNTY. It shall be the responsibility of the
SUPPLIER to ensure that all SUB-CONTRACTORS performing services pursuant to
this agreement comply with the insurance requirements of this provision. The SUPPLIER shall furnish to the PASCO COUNTY
certificate(s) of insurance in the form required by PASCO
COUNTY and, if requested by the PASCO COUNTY,
SUPPLIER shall provide certified copies of all required insurance
policies. The certificate(s) of
insurance shall clearly indicate that the SUPPLIER has obtained insurance of
the type, amount, and classification required for strict compliance with this
agreement and that no reduction in coverage or in limits, suspension, or
cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the PASCO
COUNTY. All certificate(s) of insurance shall be
signed by a person authorized by that insurer to bind coverage on its
behalf. Each insurance policy required
by this agreement shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, reduced in coverage or in limits, except after
thirty (30) days prior written notice by certified mail (return receipt
requested) has been given to the PASCO COUNTY to the attention of the Pasco
County Risk Manager, West Pasco Government Center, 7530 Little Road, New Port
Richey, Florida 34654. In the event any
insurance coverage expires prior to the expiration of this agreement, a renewal
certificate shall be issued thirty (30) days prior to said expiration.
Compliance with the foregoing requirements
shall not relieve the SUPPLIER of any liability and/or other obligations
pursuant to this agreement. Neither
approval by the PASCO
COUNTY, nor a failure to
disapprove insurance certificates or policies furnished by the SUPPLIER, shall
release the SUPPLIER from full responsibility of all liability or its
obligations under this agreement.
B. All insurance policies shall be issued
by responsible companies authorized to do business under the laws of the State
of Florida. Said insurance companies shall have an
"A" policyholders' rating, have a financial rating of at least Class
VIII in accordance with the most current Best Key Rating Guide, and shall be
satisfactory to the COUNTY. Policies of insurance
required by this agreement shall be primary insurance with respect to the
COUNTY, its officials, agents, or employees.
Any insurance or self-insurance maintained by the COUNTY or its
officials, agents, or employees, shall be in excess of the SUPPLIER'S insurance
and shall not contribute with it. All
policies of insurance required by this agreement, except Workers' Compensation
and Errors and Omissions Liability, shall specifically provide that Pasco
County, Florida, a political subdivision of the State of Florida, by and through its Board of County
Commissioners and its officials, agents, or employees shall be "additional
insureds" under the policy. The
insurance coverage and limits provided herein are designed to meet the minimum
requirements of the COUNTY. Any
deductibles or self-insured retentions must be declared and approved by PASCO COUNTY
and are the responsibility of the SUPPLIER.
The minimum kinds and limits of coverage to be carried by the SUPPLIER
throughout the Effective Period shall be as follows:
a. Workers'
Compensation and Employer's Liability:
Coverage
shall be for the statutory limits in compliance with the applicable State and
Federal laws. The policy must include
employer's liability with a limit of $100,000.00 each accident. The insurer shall agree to waive all rights
of subrogation against the PASCO
COUNTY, its officials,
agents, and employees. In case any
employee is engaged in any hazardous work pursuant to this agreement and is not
protected under the Workers' Compensation statute, the SUPPLIER and any
SUBCONTRACTORS shall provide for adequate insurance coverage to protect these
employees.
b. Comprehensive General Liability:
Comprehensive
general liability shall include premises and/or operations, products and/or
competed operations, broad form property damage, xcu coverage, independent
contractors, and contractual liability, and shall be written on an
"occurrence basis."
Bodily
injury and personal injury, including death:
$1,000,000.00
each person
$3,000,000.00
aggregate
Property
damage:
$1,000,000.00
each occurrence
$3,000,000.00
aggregate
c. Comprehensive Automobile Liability:
Comprehensive
automobile liability shall include owned vehicles, hired, and non owned
vehicles, and employees' non ownership.
Bodily injury and
personal injury, including death:
$1,000,000.00
combined single limit
Property
damage:
$1,000,000.00
combined single limit
22. NOTICE. Any notice required or permitted to be
given under this agreement shall be in writing and shall be deemed properly given
and served when delivered to the other party by regular mail, certified mail,
private carrier service or hand delivered at the address set forth herein or
such other addresses that shall have been last designated in writing.
23. APPLICABLE
LAW. The Contract shall be governed
in all respects by the laws of the State of Florida,
and any litigation with respect thereto shall be brought in the courts of Pasco County, Florida. The SUPPLIER shall comply with all applicable
Federal, State and local laws and regulations.
Lack of knowledge by the SUPPLIER will in no way be a cause for relief
from responsibility.
24. FORCE
MAJEURE. The SUPPLIER shall not be
held responsible for failure to perform the duties and responsibilities imposed
by the Contract due to legal strikes, fires, riots, rebellions, and acts of God
beyond the control of the SUPPLIER, unless otherwise specified in the Contract.
25. SUCCESSORS AND ASSIGNS. The COUNTY and SUPPLIER respectively, bind
themselves, their partners, successors, assigns, and legal representatives to
the other party to the Contract and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this
Contract.
Neither the COUNTY nor the SUPPLIER shall assign or transfer any interest
in this Contract without the written consent of the other.
26. ENTIRE CONTRACT. This Contract cancels and supersedes, as of
the commencement date hereof, all prior Contracts between the parties covering
the sale and delivery of motor fuel and/or diesel motor fuel, emergency
generator fuel, non-motor fuel/petroleum products at the place of business
specified above and sets forth all the terms and conditions agreed upon by the
parties hereto. The terms of this
Contract are not to be changed except by written modification executed by both
parties hereto, and neither party is, nor shall be bound by any inducement,
statement, representation, promise or agreement not continued herein.
27. TERM. The initial term of this Contract
is for five (5) years commencing on the _________________________, 2007 and
expiring on _________________________ 2012, unless otherwise terminated as
provided herein.
28. AGREEMENT
EXTENSION. SUPPLIER and PASCO COUNTY
may extend this Agreement for one additional five (5) year term upon the same
terms as set forth herein, provided both parties mutually agree in writing at
least sixty (60) days prior to the expiration of the initial agreement
term. If mutual agreement is not reached
and confirmed in writing as indicated above, the agreement will expire in
accordance with Paragraph Twenty-Seven (27).
29. INDEPENDENT CONTRACTOR. Neither
PASCO COUNTY nor any of its employees shall have any control over the conduct
of SUPPLIER or any of SUPPLIER'S employees, except as herein set forth, and
SUPPLIER expressly warrants not to represent at any time or in any manner that
SUPPLIER or any of SUPPLIER'S agents, servants or employees are in any manner
agents, servants or employees of PASCO COUNTY.
It is understood and agreed that
SUPPLIER is, and shall at all times remain as to PASCO COUNTY, a wholly
independent contractor and that SUPPLIER'S obligations to PASCO COUNTY are
solely as prescribed by this Contract.
30. WAIVER
OF BREACH. Waiver by either party of a breach of
any provision of this agreement shall not be deemed as a waiver of any other
breach and shall not be construed to be a modification of the terms of this
agreement.
IN WITNESS WHEREOF, the parties have caused these
premises to be executed by their duly authorized representatives on this
______day of ____________________ 2006.
PURCHASING DEPARTMENT
PURCHASING DEPARTMENT