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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />4 <br />Biodiesel Fuel B5 <br />5 <br />Biodiesel Fuel B20 <br />6 <br />E85 Fuel Ethanol <br />7 <br />Bulk Diesel Fuel Exhaust Fluid (DEF) <br />3. PROPOSER'S COST INCREASES AND SURCHARGES <br />Exhibit A - RFP E-03-22 <br />The City may, in its sole discretion, allow for a temporary surcharge to be added to the differential <br />proposed. If the cost of labor or diesel fuel are affected by extreme or unforeseen volatility in the <br />cost of labor or diesel fuel that satisfy all the following criteria: 1) the volatility is due to causes <br />wholly beyond the successful Proposer's control; 2) the volatility affects the marketplace or <br />industry, not just the particular successful Proposer's source of supply and/or labor; 3) the effect <br />on pricing or availability of supply is substantial; and 4) the volatility so affects the successful <br />Proposer's continued performance of the Contract would result in substantial loss. Any temporary <br />surcharge would require irrefutable evidence and written approval by the City's Manager or their <br />designee. <br />The successful Proposer and City shall negotiate a time frame for the temporary surcharge, and <br />reevaluate the need for said surcharge upon the end of the negotiated time frame. Should the <br />unforeseen volatility end, and the costs to the successful Proposer are reduced and no longer result <br />in substantial loss, the temporary surcharge must be terminated. If it is determined that the <br />additional unforeseen costs will not abate for the remaining duration of the contract term, the <br />parties reserve the right to negotiate an amendment to the resulting agreement and the proposed <br />differential. <br />4. TAXES: <br />4.1 The agencies listed herein are counties, municipalities or subdivisions of the State of <br />Florida and are exempt from Federal Gasoline and Diesel (excise) Road taxes and Florida <br />Sales Tax. <br />4.2 Proposals will be considered only from Proposers who do not require the payment <br />of these taxes. <br />5. SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT: <br />5.1 The City reserves the right, based on mutual agreement with the successful proposer, to <br />substitute an alternate method for price adjustment for a specified, negotiated period of <br />time if: <br />A. An interruption in the OPIS Index is experienced beyond existing scheduled <br />holidays (Independence Day, Christmas, etc.), or <br />Page 4 of 9 <br />