HomeMy WebLinkAboutReso 2011-1662
RESOLUTION NO. 2011- J L. b ?J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH MACMILLAN OIL COMPANY OF
FLORIDA, INe., FOR THE PURCHASE OF DIESEL FUEL
FOR THE 2,000-GALLON ABOVE GROUND T ANK LOCATED
ON THE SOUTHWEST PORTION OF GOVERNMENT
CENTER, IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE
THOUSAND DOLLARS ($65,000.00) ANNUALL Y;
PIGGYBACKING FROM MIAMI-DADE COUNTY RFP NO.
683; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach purchased an emergency fuel supply when
Government Center opened and was being stored in the 2,000-gallon above ground tank located
on the Southwest portion of the City Hall complex; and
WHEREAS, on March 15, 2007 via Resolution No. 2007-1062, the City Commission
approved the purchase and installation of a diesel fuel pump to keep the City's emergency fuel
supply fresh and to be used for the City's buses; and
WHEREAS, Miami-Dade County issued and advertised a Request for Proposal (RFP)
No. 683 on June 23,2010 for the purchase of bulk gasoline and diesel fuel; and
WHEREAS, City Code Section 62-l3(C) provides the authority to access a
competitively solicited contract from any other governmental organization; and
WHEREAS, the City will receive a 2.6% savings by switching from our current supplier
to Macmillan Oil piggybacking off from the County's RFP No. 683; and
WHEREAS, the City wishes to enter into an Agreement with Macmillan Oil Company
of Florida, Inc. for the purchase of diesel fuel for the 2,000 gallon above ground tank located on
the southwest portion of Government Center, in an amount not to exceed Sixty-Five Thousand
Dollars ($65,000.00) annually.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Agreement
with Macmillan Oil Company of Florida, Inc. for the purchase of diesel fuel for the 2,000 gallon
above ground tank located on the southwest portion of Government Center, in an amount not to
exceed Sixty-Five Thousand Dollars ($65,000.00) annually.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
R2011- Diesel Fuel MacMillan Oil
Pagc lof2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of January 2011.
ATTEST:
~b..~
ane . Hines, CMC, CIty Clerk
AS TO FORM AND
F IlENCY
Moved by: Co~ I\-tL\D~
Seconded by: y,C9.. r<\~~M-~R
Vote: ~^O
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
---1L- (Yes)
v (Yes)
_lL_JY es)
~(Yes)
v(Yes)
_(No)
_(No)
(No)
_(No)
_(No)
R2011- Diesel Fuel MacMillan Oil
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.......
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH MACMILLAN OIL COMPANY OF
FLORIDA, INC. CONTRACT NO. CIOII-014
THIS CONTRACTU~ AGREE ENT (hereinafter referred to as the "Agreement") is
made in duplicate, this ~ day of , 2011, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter refe I ed to as "City"), and MACMILLAN OIL
COMPANY OF FLORIDA, INC. a corporation authorized to do business in the State of
Florida (hereinafter referred to as "Contractor") whose Federal LD. # is
S9. O&4~ 2-43>
RECIT ALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide and
deliver gasoline and diesel fuel ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary
experience to provide the desired Services; and
WHEREAS, the County of Miami-Dade, Florida issued Request for Proposal Bid
No.683 and awarded a contract to Contractor to provide such services; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the
Miami-Dade County bid information, to provide the Services described in Exhibit "B", attached
hereto and made a part hereof, subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Exhibit "A" for a total amount not to exceed Sixty-Five
Thousand Dollars ($65,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Contractor agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment "A"
and Attachment "B" attached hereto, and incorporated herein by reference. The Services shall be
performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all Services
Exhibit "A"
SIB
CIOII-OI4 AGREEMENT
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
are being performed in accordance with the City's needs and pursuant to the terms of this
Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform
the City via telephone and in writing of any problems that could cause damage to the City's
property, improvements and persons. Contractor will require its employees to perform their
work in a manner befitting the type and scope of work to be performed. In the event that the
Contractor fails to complete the Services pursuant to the terms of this contract and City must
undertake the completion of performance of Services, Contractor agrees to indemnify the City
for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Contractor's failure to perform the Services.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement
and shall end on September 30, 2011. However, this agreement may be extended at the sole
option of the City to April 5, 2013, the expiration date of the Miami-Dade County, Florida's
Request for Proposal Bid No.683, provided the City has appropriated money to acquire gasoline
and diesel fuel for the fiscal year 2011/2012, and 2012/2013.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date of this agreement and continue in a diligent
manner until completion of the Services. Contractor acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of Sections
19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
4. COMPENSATION. City agrees to pay Contractor a total amount not to exceed
$65,000.00 (sixty five thousand dollars) for this fiscal current fiscal year ending on September
30, 2011. Payment to Contractor for all charges and tasks under this Agreement shall be in
accordance with this Agreement and the schedule of charges reflected in Attachment "A" and
under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
CIOII-OI4 AGREEMENT
2
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSIDP. The Contractor IS an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
7. OWNERSIDP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other parties
shall be approved in writing by the City. If requested, Contractor shall deliver the documents to
the City within fifteen (15) calendar days.
8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
CIOII-OI4 AGREEMENT
3
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000.00
for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident
for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A-Excellent. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also
require and ensure that each of its sub-Contractor(s) providing services hereunder (if any)
procures and maintains, until the completion of the services, insurance of the types and to the
limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN TIDS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
9. TERMINATION AND REMEDIES FOR BREACH.
a. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
CIOII-OI4 AGREEMENT
4
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay
for services rendered as of the date of termination.
1. In the event of termination, all finished and unfinished documents, data
and other work product prepared by Contractor (and sub Contractor (s))
shall be delivered to the City and the City shall compensate the Contractor
for all Services satisfactorily performed prior to the date of termination, as
provided in Paragraph 4 herein.
ll. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Contractor and the City may reasonably withhold payment
to Contractor for the purposes of set-off until such time as the exact
amount of damages due the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination for Insolvencv. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which
CIOII-OI4 AGREEMENT
5
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
proVIsIons.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Jorge Vera With a copy to:
Acting City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: William Putnam
MacMillan Oil Company of Florida,
Inc.
2955 east 11 th A venue
Hialeah, Florida 33013
Tel: (305) 691-7814
13. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County,
Florida.
14. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
CIOII-OI4 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly which should conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the Contractor.
The Contractor guarantees that he/she has not offered or given to any member of, delegate to the
Congress of the United States, any or part of this contract or to any benefit arising therefrom.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
any attachment hereto.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,
and may be amended, waived, changed, modified, extended or rescinded only by in writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City; its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
CIOII-OI4 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
errors, mistakes or omissions relating to professional Services performed under this Agreement.
The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
performance of this Agreement including any person for whose acts, errors, mistakes or
omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
21. MISCELLANEOUS.
A. In the event any proVISIOn of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
..
CIOII-OI4 AGREEMENT
8
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
~l
Signature \;
MACMILLAN OIL COMPANY OF
FLORIDA, INC.
WITNESSES:
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Print Name
P...I't ~~,.ot\
BY: C- C2..
Signature and Title
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ATTEST:
B~( lt~~
Jane . ines, CMC, City Clerk
CITY OF SUNNY ISLES BEACH
B~
/ rman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CIOII-OI4 AGREEMENT
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TO:
FROM:
DATE:
RE:
Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
- - -----
The Honorable Mayor and City Commission
MinaI Shah, Assistant City Manager-Finance
1/20/2011
Award of the purchase of bulk Diesel Fuel to Macmillian Oil Company of
Florida
RECOMMENDATION:
Staff is recommending the City Commission approve the attached resolution to purchase
bulk diesel fuel from Macmillian Oil Company of Florida.
REASONS:
Currently, the City utilizes BV Oil Company for the purchase of bulk diesel fuel for City
owned buses. To ensure best pricing, staff performed comparative cost analysis with two
other providers. Please see the table below for the results of the cost comparison of bulk
diesel fuel. Pricing includes delivery and all applicable local, state and federal taxes.
Date
Current
BV Oil Company
Macmillian Oil
C f FI 'd Tropic Oil Company
ompany 0 on a
10/14/2010
11/10/2010
12/3/2010
12/30/2010
$ 2.73
$ 2.85
$ 2.87
$ 2.99
$ 2.81
$ 2.92
$ 2.93
$ 3.04
$2.70
$ 2.81
$2.85
$ 2.91
Since Macmillian Oil Company of Florida represents the best pricing, staff recommends
that the City Commission approves entering into an agreement with Macmillian for the
purchase of bulk diesel fuel in an amount not to exceed $65,000 annually.
The City will piggy-back the Miami-Dade County contract number 683 awarded to
Macmillian Oil Company of Florida for the purchase of bulk diesel fuel.
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=423&MeetingID=0&MeetingDate. .. 1/14/2011
Preview
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FUNDING SOURCE:
Funds are budgeted in the Transportation 1O-574-5523E, Stormwater 40-538-5523 and
Public Works 10-539-5523.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=423&MeetingID=0&MeetingDate... 1/14/2011
MACMILLAN OIL COMPANY OF FLORIDA, INC.
2955 EAST 11TH AVENUE, HIALEAH, FL 33013-3509
Ph: 305-691-7814 Fax 305-693-1880
November 3, 2010
CITY OF SUNNY ISLES BEACH
ATTN - Marcanthony Tulloch
18070 Collins Avenue
Sunnyl~esBeach,FL33160
FAX - (305) 792-1605
RE Miami Dade County RFP 683 - Gasoline and Diesel Fuel
Dear Mr. Tulluch,
We want to thank you for your City's interest in purchasing fuel using Miami Dade County's RFP
683, Gasoline and Diesel fuel. Your city can purchase fuel under the contract RFP 683. I have
enclosed a copy of the contract.
The City of Sunny Isles Beach will be able to purchase the fuel at the contract prices. To receive
the fuel prices daily, please go to Miami Dade County's FTP site. Prices are updated every
business day.
ftp://ftp.miamidade.gov/Procurement Management/PLA lTS%20PRICINGS/
Please do not hesitate to contact me if you need any assistance or additional information.
~
\..
William Putnam
Enc - Copy Miami Dade County RFP 683
EXHIBIT "A~'
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MIAMI-DADE COUNTY. FLORIDA
Contract No. RFP683
Gasoline and Diesel Fuel
Contract No. RFP683
c oJ j.,
THIS AGREEMENT made and entered into as of this .z /. day of
4/~;J ;;'-P/t? by and between MacMillan Oil Company of Florida, Inc.. a
corporation organized and existing under the laws of the State of Florida, having its principal
office at 2955 East 11th Avenue, Hialeah, Florida 33013 (hereinafter referred to as the
"Contractor"), and Miami-Dade County, a political subdivision of the State of Florida, having its
principal office at 111 N.W. 1st Street, Miami, Florida 33128 (hereinafter referred to as the
"County"),
WITNESSETH:
WHEREAS, the Contractor has offered to provide and deliver gasoline and diesel fuel,
that shall conform to the Scope of Services (Appendix A); Miami-Dade County's Request for
Proposals (RFP) No. 683 and all associated addenda and attachments, incorporated herein by
reference; and the requirements of this Agreement; and,
WHEREAS, the Contractor has submitted a written proposal dated June 23, 2009,
hereinafter referred to as the "Contractor's Proposal" which is incorporated herein by reference;
and,
WHEREAS, the County desires to procure on a non-exclusive basis from the
Contractor gasoline and diesel fuel for the County, in accordance with the terms and conditions
of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
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EXHIBIT "B"
: 1 ~.;
MIAMI-DADE COUNTY. FLORIDA
ARTICLE 1. DEFINITIONS
Contract No. RFP683
The following. words and expressions used in this Agreement shall be construed as follows,
except when it is clear from the context that another meaning is intended:
a)
The words "Contract" or "Contract Documents" or "Agreement" to mean collectively
these terms and conditions, the Scope of Services (Appendix A), RFP No. 683 and all
associated addenda and attachments" the Contractor's Proposal, and all other
attachments hereto and all amendments issued hereto.
I :
b)
The words "Contract Date" to mean the date on which this Agreement is effective.
c) The words "Contract Manager" to mean Miami-Dade County's Director, Department of
Procurement Management, or the duly authorized representative designated to manage
the Contract.
d) The word "Contractor" to mean MacMillan Oil Company of Florida, Inc. and its permitted
successors and assigns.
e) The word "Days" to mean Calendar Days.
f) The word "Deliverables" to mean all documentation and any items of any nature
submitted by the Contractor to the County's Project Manager for review and approval
pursuant to the terms of this Agreement.
, g) The words "directed", "required", "permitted", "ordered", "designated", "selected",
"prescribed" or words of like import to mean respectively, the direction, requirement,.
permission, order, designation. selection or prescription of the County's Project
Manager; and similarly the words "approved", acceptable", "satisfactory", "equal",
"necessary", or words of like import to mean respectively. approved by. or acceptable or
satisfactory to. equal or necessa~ in the opinion of the County's Project Manager.
h) The words "Change Order" resulting in additions or deletipns or modifications to the
amount, type or value of the Goods and Services as required in this Contract. as
directed and/or approved by the County. '
i) The word "Goods" to mean all tangible things purchased in accordance with the
provisions of this Contract.
i) The words "Project Manager" to mean the County Manager or the duly authorized
representative designated to manage the Project. .
k) The words "Scope of Services" to mean the docume'nt appended hereto as Appendix A,
which details the work to be performed by the Contractor.
I) The word "subcontractor" or "subconsultant" to mean any person, entity, firm or
corporation, other than the employees of the Contractor, who furnishes labor and/or
materials. in connection with the Work. Goods, and/or Services. whether directly or
indirectly, on behalf and/or under the direction of the Contractor and whether or not in
privity of Contract with the Contractor.
m) The words "Work" or "Services" to mean all matters and things required to be done by
the Contractor in accordance with the provisions of this Contract. .
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MIAMI-DADE COUNTY. FLORIDA
ARTICLE 2. ORDER OF PRECEDENCE
Contract No. RFP683
If there is a conflict between or among the provIsions of this Agreement, the order of
precedence is as follqws: 1) these terms and conditions" 2) the Scope of Services (Appendix A),
3) the Miami-Dade County's RFP No. 683 and any associated addenda and attachments
thereof, and 4) the Contractor's Proposal.
ARTICLE 3. RULES OF INTERPRETATION
a) References to a specified Article, section or schedule shall be construed as reference to
that specified Article, or section of, or schedule to this Agreement unless otherwise
indicated.
b) Reference to any agreement or other instrument shall be deemed to include such
agreement or other instrument as such agreement or other instrument may, from time to
time, be modified, amended, supplemented, or restated in accordance with its terms.
c) The terms "hereof', "herein". "hereinafter", "hereby", "herewith", "hereto", and
"hereunder" shall be deemed to refer to this Agreement.
d) The titles, headings, captions and arrangements used in these Terms and Conditions
are for convenience only and shall not be deemed to limit, amplify or modify the terms of
this Contract, nor affect the meaning thereof.
ARTICLE 4. NATURE OF THE AGREEMENT
a) This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained in
this Agreement. The parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this Agreement, and that this Agreement contains the entire agreement between the
parties as to all matters contained herein. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements,
. whether oral or written. It is further agreed that any oral representations or modifications
concerning this Agreement shall be of no force or .effect, and that this Agreement may be
modified, altered or amended only by a written amendment duly executed by both
parties hereto or their authorized representatives.
b) The Contractor shall provide the Goods and Services set forth in the Scope of Services,
and render full and prompt cooperation with the County in all aspects of the Services
performed hereunder.
c) The Contractor acknowledges that this Agreement requires the performance of all things
necessary for or incidental to the effective and complete performance and provision of all
Goods and Services under this Contract. All things not expressly mentioned in this
Agreement but necessary to carrying out its intent are required by this Agreement, and
the Contractor shall perform the same as though they were specifically mentiofled.
described and delineated.
d) The Contractor shall furnish all labor, materials, tools, supplies, and other items required
in the provision and performance of the Goods and Services that are necessary for the
completion of this Contract. All Goods and Services shall be provided and accomplished
at the direction of and to the satisfaction of the County's Project Manager.
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MIAMI-DADE COUNTY. FLORIDA
Contract No. RFP683
e) The Contractor acknowledges that the County shall be responsible for making all policy
decisions regarding the Scope of Services. The Contractor agrees to provide input on
policy issues in the form of recommendations. The Contractor agrees to implement any
and all changes in providing Services hereunder as a result of a policy change
implemented by the County. .The Contractor agrees to act in an expeditious and fiscally
sound manner in providing the County with input regarding the time and cost to
implement said changes and in executing the activities required to implement said
changes.
f) The Contractor acknowledges that this Contract is a non-exclusive contract and that the
County may enter into contracts with other persons or entities to provide the same or all
of the goods and services provided by the Contractor pursuant to this Contract.
ARTICLE 5. CONTRACT TERM
The Contract shall become effective on the date set forth on the first page and shall continue
through the last day of the 36th month. The County, at its sole discretion, reserves the right to
exercise the option to renew this Contract for a period for seven (7) additional years on a year-
to-year basis. The County reserves the right to exercise its option to extend this Contract for up
to one hundred-eighty (180) calendar days beyond the current Contract period and will notify the
Contractor in writing of the extension. This Contract may be extended beyond the initial one
hundred-eighty (180) calendar day extension period by mutual agreement between the County
and the Contractor, upon approval by the Board of County Commissioners.
ARTICLE 6. NOTICE REQUIREMENTS
All notices required or permitted under this Agreement shall be in writing and shall be deemed
sufficiently served if delivered by Registered or Certified Mail, with return receipt requested; or
delivered personally; or delivered via fax or e-mail (if provided below) and followed with delivery
9f hard copy; and in any case addressed as follows:
(1) to the County
a) to the Project Manager:
Miami-Dade County
General Services Administration
111 N.W. 1st Street, Suite 2420
Miami, FL 33128-1974
Attention: Director
Phone: (305) 375-4400
Fax: (305) 375-4968
and,
b) to the Contract Manager:
Miami-Dade County
Department of Procurement Management
111 N.W. 1st Street, Suite 1375
Miami, FL 33128-1974
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"MIAMI-DADE COUNTY. FLORIDA
Attention: Director
Phone: (305)375-5548
Fax: (305) 375"-2316
(2) To the Contractor
ConuactNo.RFP683
MacMillan Oil Company of Florida, Inc.
2955 East 11th Avenue
Hialeah, Florida 33013
Attention: Amancio Alonso, President
Phone: (305) 691-7814
Fax: (305) 693-1880 ,
E-mail: alonso@macmillanoil.net
Either party may at any time designate a different address and/or contact person by giving
notice as provided above to the other party. Such notices shall be deemed given upon receipt
by the addressee.
ARTICLE 7. PAYMENT FOR GOODS AND SERVICES/AMOUNT OBLIGATED
The Contractor warrants that it has reviewed the County's requirements and has asked such
questions and Gonducted such other inquiries as the Contractor deemed necessary in order to
determine the price the Contractor will charge to provide the Goods and Services to be
performed under this Contract. The compensation for the provisions of all Goods' and Services
. performed under this Contract, including all cO,sts associated with such, Goods and Services,
shall be as specified in Appendix B, Price Schedule. The County shall have no obligation to
pay the Contractor any additional sum in excess of this amount, except for a change and/or
modification to the Contract, which is approved and executed in writing by the County and the
Contractor.' ,
All' provisions of Goods and Services undertaken by the Contractor before County's approval of
this Contract shall be at the 'Contractor's risk and expense.
ARTICLE 8. PRICING
Prices shall remain firm and fixed for the term of the Contract, including any option or extension
periods; however, the Contractor may offer incentive discounts to the County at any time during
the Contract term, including any renewal or extension thereof. .
ARTICLE 9. METHOD AND TIMES OF PAYMENT
The Contractor shall submit an invoice to the County's applicable user department after fuel has
been delivered to the site by the Contractor. Submittal of these invoices shall not exceed thirty
(30) calendar days from the del!very of the items. Under no circumstances shall the invoices be
submitted to the County in advance of the delivery and acceptance of the items. The invoices
shall 1 ) clearly reference the corresponding delivery ticket number or packing slip number that
was signed by an authorized representative of the County user department at the time the items
were delivered and accepted; 2) pricing information to include unit price and extended total price
of the goods and services provided and all applicable discounts; 3) description of all goods and
services provided; 4) delivery information to'include delivery terms set forth within the Miami-
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MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
provided. A copy of a sample invoice is provided (Appendix C) hereto for information purposes.
It is the policy of Miami-Dade County that payment for all purchases by County agencies shall
be made in a timely manner and that interest payments be made on late payments. In
accordance with Florida Statutes, Section 218.74 and Section 2-8.1.4 of the Miami-Dade
County Code, the time at which payment shall be due from the County shall be forty-five (45)
days from receipt of a proper invoice. The time at which payment shall be due to small
.businesses shall be thirty (30) days from receipt of a proper invoice. All payments due from the
County and not made within the time specified by this section shall bear interest from thirty (30)
days after the due date at the rate of one percent (1 %) per month on the unpaid balance.
Further, proceedings to resolve disputes for payment of obligations shall be concluded by final
written decision of the County Manager, or his or her designee(s), not later that sixty (60) days
after the date on which the proper invoice was received by the County.
Notwithstanding the forty-five (45) day payment term above, the Contractor has offered
and the County has accepted a discounted price if the County pays an invoice within
fifteen (15) days from receipt of a proper invoice. The Early Payment Discount Price for
such is listed in Appendix 8, Price Schedule.
Invoices and associated back-up documentation shall be submitted electronically or in hardcopy
duplicate by the Contractor to the applicable County departments as follows:
Aviation Corrections Fire Rescue General Services Adm.
Leon Cuellar Mohammad Haq Marianela Betancourt Heman Torres
4331 NW 22 Street 2525 NW 62nd Street 9300 NW 41 Street 111 NW 1st Street
Miami, FL 33122 Miami, FL 33147 . Doral, FL 33178 Miami, FL 33128
305-876-8498 786-263-5914 786-331-4241 305-375-4448
IcuelJar@mlami- haaue@miamidade.aov mbetan@miamidade.aov ht8528ai>miamidade.Qov
aimort.com (
Housing Park and Recreation Pollee Department Seaport
Alex Penaloza Jorge Rodriguez Maria Carrasquillo Phillip Rose
2103 Coral Way 275 NW 2nd Street 9105 NW 25 St 1015 N. American Way
. Miami, FL 33128 Miami, FL 33128 Miami, FL 33172 Miami, FL 33132
305-860-1 na 305-755-7909 305-471-2597 305-347-4809
aoenalo@miamidade.Qov ivr(1i}miamidade .QOV mtcarrasQuilloai>mdpd.com seaportai>miamidade.aov
Transit Water and Sewer Vizcaya
Laveme Rentz Mercy Ramirez or Anabel Miro
3401 NW 31st Street Patrice Sykes 3251 South Miami Ave
Miami, FL 33142 3071 SW 38111 Avenue Miami, FL 33129
305-638-7224 Miami, FL 33146 305-860-8425
Irentzai>miamidade.Qov (786) 552-8175 anabel;miro@vizcavamuse
merc(1i}miamldade.aov um.ora
osvke(cj)miamidade.oov
The County may at any time designate a different address and/or contact person by giving
written notice to the other party.
ARTICLE 10. INDEMNIFICA nON AND INSURANCE
The Contractor shall indemnify and hold harmless the County and its officers, employees,
.agents and instrumentalities from any and all liability, losses or damages, including attorneys'
fees and costs of defense, which the County or its officers, employees, agents or
. instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the performance of
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MIAMI-DADE COUNTY. FLORIDA
Contract No. RFP683
proceedings of any kind or nature arising out of, relating to or resulting from the performance of
this Agreement by the Contractor or its employees, agents, servants, partners principals or
subcontractors. The Contractor shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the
County, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and attorney's fees which may issue thereon. The Contractor expressly understands and
agrees that any insurance protection required by this Agreement or otherwise provided by the
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the County or its officers, employees, agents and instrumentalities as herein provided.
Upon County's notification, the Contractor shall furnish to the Department of Procurement
Management, Certificates of Insurance that indicate that insurance coverage has been
obtained, which meets the requirements as outlined below:
1. Worker's Compensation Insurance for all employees of the Contractor as required by
Florida Statute 440.
2. Public Liability Insurance on a comprehensive basis in an amount not less than
$1,000,000 combined single limit per occurrence for bodily injury and property damage.
Miami-Dade County must be shown as an additional insured with respect to this
coverage. The mailing address of Miami-Dade County 111 N.W. 1st Street, Suite
1300, Miami, Florida 33128-1974, as the certificate holder, must appear on the
certificate of insurance.
3. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used
in connection with the Services, in an amount not less than *$1,000,000 combined single
limit per occurrence for bodily injury and property damage. Policy shall be endorsed to
provide Broadened Coverage - Endorsement CA 9948 (or equivalent).
*Under no Circumstances is the Contractor permitted on the County's Airport
Airside Operations Area (A.O.A.) side without increasing automotive coverage to
$5,000,000. .
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operation of the Contractor. All, insurance
policies ]equired above shall be issued by companies authorized to do business under the laws
of the State of Florida with the following qualifications:
The company must be rated no less than liB" as to management, and no less than "Class V' as
to financial strength, according to the latest edition of Best's Insurance Guide pUblished by A.M.
Best Company, Oldwick, New Jersey. or its equivalent, subject to the approval of the County
Risk Management Division.
OR
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All
Insurance Companies Authorized or Approved to 06 Business in Florida", issued by the State of
Florida Department of Insurance and are members of the Florida Guaranty Fund.
Certificates of Insurance must indicate that for any cancellation of coverage before the
expiration date, the issuing insurance carrier will endeavor to mail thirty (30) day written
advance notice to the certificate holder. In addition, the Contractor hereby agrees not tf;)
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modify the insurance coverage without thirty (30) days written advance notice to the
County.
NOTE: MIAMI-DADE COUNTY CONTRACT NUMBER AND TITLE MUST APPEAR
ON EACH CERTIFICATE OF INSURANCE.
Compliance with the foregoing requirements shall not relieve the Contractor of this liability and
obligation under this section or under any other section in this Agreement.
Award of this Contract is contingent upon the receipt of the insurance documents, as required,
within fifteen (15) calendar days after County notification to Contractor to comply before the
award is made. If the insurance certificate is received within the specified time frame but not in
the manner prescribed in this Agreement, the Contractor shall be verbally notified of such
deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to
the County. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Agreement within twenty (20) calendar days after County notification to
comply, the Contractor shall be in default of the contractual terms and conditions and award of
the Contract will be rescinded, unless such time frame for submission has been extended by the
County. '
The Contractor shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in force for the duration of the contractual period. of the
Contract, including any and all option years or extension periods that may be granted by the
County. If insurance certificates are scheduled to expire during the contractual period, the
Contractor shall be responsible for submitting new or renewed insurance certificates to the
County at a minimum of thirty .(30) calendar days in advance of such expiration. In the event
that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the County shall suspend the Contract until such time as the new or renewed
certificates are received by the County in the manner prescribed herein; provided, however, that
this suspended period does not exceed thirty (30) calendar days. Thereafter, the County may,
at its sole discretion, terminate this contract.
ARTICLE 11. MANNER OF PERFORMANCE
a) The Contractor shall provide the.Goods and Services described herein in a competent
and professional manner satisfactory to the County in accordance with the terms and
conditions of this Agreement. The County shall be entitled to a satisfactory performance
of all Services described herein and to full and prompt cooperation by the Contractor in
all aspects of the Services. At the request of the County the Contractor shall promptly
remove from the project any Contractor's employee, subcontractor, or any other person
performing Services hereunder. The Contractor agrees that such removal of any of its
employees does not require the termination or demotion of any employee by the
Contractor.
b) The Contractor agrees to defend, hold harmless and indemnify the County and shall be
liable and responsible for any and all claims, suits, actions, damages and costs
(including attorney's fees and court costs) made against the County, occurring on
account of, arising, from or in connection with the removal and replacement of any
Contractor's personnel performing services hereunder at the behest of the County.
Removal and replacement of any Contractor's personnel as used in this Article shall not
require the termination and or demotion of such Contractor's personnel.
c) The Contractor agrees that at all times it will employ, maintain and assign to the
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d)
performance of the Services a sufficient number of competent and qualified
professionals and other personnel to meet the requirements to which' reference is
hereinafter made. The Contractor agrees to adjust its personnel staffing levels or to
replace any its personnel if so directed upon reasonable request from the County,
should the County make a determination, in its sole discretion, that said personnel
staffing is inappropriate or that any individual is not performing in a manner consistent
with the requirements for such a position.
The Contractor warrants and represents that its personnel have the proper skill, training,
background. knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Services described herein, in a competent and
professional manner.
e)
The Contractor shall at all times cooperate with the County and coordinate its respective
work efforts to most effectively and eTflciently maintain the progress in performing the
Services.
f)
The Contractor shall comply with all provisions of all federal, state and local laws,
statutes, ordinances, and regulations that are applicable to the performance of this
Agreement.
ARTICLE 12. EMPLOYEES ARE THE RESPONSIBILITY OF THE CONTRACTOR
All employees of the Contractor shall be considered to be, at all times, employees of the
Contractor under its sole direction and not employees or agents of the County. The Contractor
shall supply competent employees. Miami-Dade County may require the Contractor to remove
an employee it deems careless, incompetent, insubordinate or otherwise objectionable and
whose continued employment on County property is not in the best interest of the County. Each.
employee shall have and wear proper identification.
ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP
The Contractor is, and shall be, in the performance of all provisions of Goods and Services and
activities under this Agreement, an independent contractor, and not an employee, agent or
servant of the County. All persons engaged in any of the work or services performed pursuant
to this Agreement shall at all times, and in all places, be subject to the Contractor's sole
direction, supervision and control. The Contractor shall exercise control over the means and
manner in which it and its employees perform the work,' and in ali respects the Contractor's
relationship and the relationship of its employees to the County shall be that of an independent
contractor and not as employees and agents of the County.
The Contractor does not have the power or authority to bind the County in any promise,
agreement or representation other than specifically provided for in this Agreement.
ARTICLE 14. AUTHORITY OF THE COUNTY'S PROJECT MANAGER
a) The Contractor hereby acknowledges that the County's Project Manager will determine
in the first instance all questio/')s of any nature whatsoever arising out ,of; under, or in
connection with, or in any way related to or on account of, this Agreement including
without limitations: questions as to the value, acceptability and fitness of the Services;
questions as to either party's fulfillment of its obligations under the Contract; negligence,
fraud or misrepresentation before or subsequent to acceptance of the Proposal;
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questions as to the interpretation of the Scope of Services; and claims for damages,
compensation and losses. c
b) The Contractor shall be bound by all determinations or orders and shall promptly obey
and follow every order of the Project Manager, including the withdrawal or modification
of any previous order and regardless of whether the Contractor agrees with the Project
Manager's determination or order. Where orders are given orally, they will be issued in
writing by the Project Manager as soon thereafter as is practicable.
c) The Contractor must, in the final instance, seek to resolve every difference concerning
the Agreement with the Project Manager. In the event that the Contractor and the
Project Manager are unable to resolve their difference, the Contractor may initiate a
dispute in accordance with the procedures set forth in this Article. Exhaustion of these
procedures shall be a condition precedent to any lawsuit permitted hereunder.
d) In the event of such dispute, the parties to this Agreement authorize the County
Manager or designee, who may not be the Project Manager or anyone associated with
this Project, acting personally, to deqide all questions arising out of, under, or in
connection with, or in any way related to or on account of the Agreement (including but
not limited to claims in the nature of breach of contract, fraud or misrepresentation
arising either before or subsequent to execution hereof) and the decision of each with
respect to matters within the County Manager's 'purview as set forth above shall be
conclusive, final and binding on parties. Any such dispute shall be brought, if at all,
before the County Manager within 10 days of the occurrence, event or act out of which
the dispute arises.
e) . The CountY Manager may base this decision on such assistance as may be desirable,
including advice of experts, but in any event shall base the decision on an independent
and objective determination of whether. Contractor's performance or any Deliverable
meets the requirements of this Agreement and any specifications with respect thereto
set forth herein. The effect of any decision shall not be impaired or waived by any
negotiations or settlements or offers made in connection with the dispute, whether or not
the County Manager participated therein, or by any prior decision of others, which prior
decision shall be deemed subject to review, or by any termination or cancellation of the
Agreement. All such disputes shall be submitted in writing by the Contractor to the
County Manager for a decision, together with all evidence and other pertinent
information in regard to such questions, in order that a fair and impartial decision may be
made. Whenever the County Manager is entitled to exercise discretion or judgement or
to make a determination or form an opinion pursuant to the provisions of this Article,
such action shall be fair and impartial when exercised or taken. The County Manager,
as appropriate, shall render a decision in writing and deliver a copy of the same to the
Contractor. Except as such remedies may be limited or waived elsewhere in the
Agreement, Contractor reserves the right to pursue any remedies available under law
after exhausting the provisions of this Article.
ARTICLE 15. MUTUAL OBLIGATIONS
a) This Agreement, including attachments and appendixes to the Agre~ment, shall
constitute the entire Agreement between the parties with respect hereto and supersedes
all previous communications and representations or agreements, whether written or oral,
with respect to the subject matter hereto unless acknowledged in writing by the duly
authorized representatives of both parties.
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b) Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of
any third party that is not a parent or subsidiary of a party or otherwise related (by virtue
of ownership control or statutory control) to a party.
c)
In those situations where this Agreement imposes an indemnity obligation on the
Contractor, the County may, at its expense, elect to participate in 'the defense if the
County should so choose. Furthermore, the County may at its own expense defend or
settle any such claims if the Contractor fails to diligently defend such claims, and
thereafter seek indemnity for costs from the Contractor.
ARTICLE 16. QUALITY ASSURANCE/QUALITY ASSURANCE RECORD KEEPING
The Contractor shall maintain, and shall require that its subcontractors and suppliers maintain,
complete and accurate records to substantiate compliance with the requirements set forth in "the
Scope of Services. The Contractor and its subcontractors and suppliers, shall retain such
records, and all other documents relevant to the Services furnished under this Agreement for a
period of three (3) years from the expiration date of this Agreement and any extension thereof.
ARTICLE 17. AUDITS
The County, or its dLily authorized representatives or governmental agencies shall, until the
expiration of three (3) years after the expiration of this Agreement and any extension thereof,
have access to and. the right to examine and reproduce any of the Contractor's books,
documents, papers and records and of its subcontractors and suppliers which apply to all
matters of the County. Such records shall subsequently conform to Generally Accepted
Accounting Principles requirements, as applicable, and shall only address those transactions
related to this Agreement.
Pursuant to County Ordinance No. 03-2, the Contractor will grant access to the Commission
Auditor to all financial and performance related records, property, and equipment purchased in
whole or in part with government funds. The Contractor agrees to maintain ~n accounting
system that provides accounting records that are supported with adequate documentation, and
adequate procedures for determining the allowability and allocability of costs.
ARTICLE 18. SUBSTITUTION OF PERSONNEL
In the event the Contractor wishes to substitute personnel for the key personnel identified by
the Contractor's Proposal, the Contractor must notify the County in writing and request written
approval for the substitution at least ten (10) business days prior to effecting such 'substitution.
ARTIC,LE 19. CONSENT OF THE COUNTY REQUIRED FOR ASSIGNMENT
The Contractor shall not assign, transfer, conveyor otherWise dispose of this Agreement,
including its rights, title or interest in or to the same or any part thereof without the prior written
consent of the County.
ARTICLE 20. SUBCONTRACTUAL RELATIONS
a) If the Contractor will cause any part of this Agreement to be performed by a
Subcontractor, the provisions of this Contract will apply to such Subcontractor and its
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officers, agents and employees in all respects as if it and they were employees of the
Contractor; and the Contractor will not be in any manner thereby discharged from its
obligations and liabilities hereunder, but will be liable hereunder for all acts and
negligence of the Subcontractor, its officers, agents, and employees, as if they were
employees of the Contractor. The services performed by the Subcontractor will be
subject to the provisions hereof as if performed directly by the Contractor.
b) The Contractor, before making any subcontract for any portion of the services, will
state in writing to the County the name of the proposed Subcontractor, the portion of
the Services which the Subcontractor is to do, the place of business of such
Subcontractor, and such other information as the County may require. The County will
have the right to require the Contractor not to award any subcontract to a person, firm
or corporation disapproved by the County.
c) Before entering into any subcontract hereunder, the Contractor will inform the
Subcontractor fully and completely of all provisions and requirements of this
Agreement relating either directly or indirectly to the Servic~s to be performed. Such
Services performed by such Subcontractor will strictly comply with the requirements of
this Contract.
d) In order to qualify as a Subcontractor satisfactory to the County, in addition to the other
requirements herein provided, the Subcontractor must be prepared to prove to the
satisfaction of the County that it has the necessary facilities, skill and experience, and
ample financial resources to perform the Services in a satisfactory manner. To be
considered skilled and experienced, the Subcontractor must show to the satisfaction of
the County that it has satisfactorily performed services of the same general type which
is required to be performed under this Agreement.
e) The County shall have the right to withdraw its consent to a subcontract if it appears to
the County that the subcontract will delay, prevent, or otherwise impair the
performance of the Contractor's obligations under this Agreement. All Subcontractors
,are required to protect the confidentiality of the County's and County's proprietary and
confidential information. Contractor shall furnish to the County copies of all
subcontracts between Contractor and Subcontractors and suppliers hereunder. Within '
each such subcontract, there shall be a clause for the benefit of the County permitting
the County to request completion of performance by the Subcontractor of its
obligations under the subcontract, in the event the County finds the Contractor in
breach of its obligations, the option to pay the Subcontractor directly for the
performance by such subcontractor. Notwithstanding, the foregoing shall neither
convey nor imply any obligation or liability on the part of the County to any
subcontractor hereunder as more fully described herein.
ARTICLE 21. ASSUMPTION, PARAMETERS, PROJECTIONS, ESTIMATES AND
EXPLANATIONS
The Contractor understands and agrees that any assumptions,. parameters, projections,
estimates and explanations presented by the County were provided to the Contractor for
evaluation purposes only. However, since these assumptions, parameters, projections,
estimates and explanations represent predictions of future events the County makes no
representations or guarantees; and the County shall not be responsible for the accuracy of the
assumptions presented; and the County shall not be responsible for conclusions to be drawn
therefrom; and any assumptions, parameters, projections, estimates and explanations shall not
form, the basis of any claim by the Contractor. The Contractor accepts all risk associated with
using this information. '
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ARTICLE 22. SEVERABILITY
Contract No. RFP683
If this Agreement contains any provision found to be unlawful, the same shall be deemed to be
of no effect and shall be deemed stricken from this Agreement without affecting the binding
force of this Agreement as it shall remain after omitting such provision.
ARTICLE 23. TERMINATION AND SUSPENSION OF WORK
a) The County may terminate this Agreement if an individual or corporation or other entity
attempts to meet its contractual obligation with the, County through fraud,
misrepresentation or material misstatement.
b) The County may, as a further sanction, terminate or cancel any other contract(s) that
such individual or corporation or other entity has with the County and that such
individual, corporation or other entity shall be responsible for all direct and indirect costs
associated with such termination or cancellation, including attorney's fees.
c) The foregoing notwithstanding, any individual, corporation or other entity which attempts
to meet its contractual obligations with the County through fraud, misrepresentation or
material misstatement may be debarred from County contracting for up to five (5) years
in accordance with the County debarment procedures. The Contractor may be subject
to debarment for failure to perform and all other reasons set forth in Section 10-38 of the
County Code.
In addition to cancellation or termination as otherwise provided in this Agreement, the County
may at any time, in its sole discretion, with or without cause, terminate this Agreement by
written notice to the Contractor and in such event:
d) The Contractor shall, upon receipt of such notice, unless otherwise directed by the
County:
i. stop work on the date specified in the notice (lithe Effective Termination Date");
ii. take such action as may be necessary for the protection and preservation of the
County's materials and property;
iii. cancel orders;
iv. assign to the County and deliver to any location designated by the County any
noncancelable orders for Deliverables that are not capable of use except in the
performance of this Agreement and has been specifically developed for the sole
purpose of this Agreement and not incorporated in the Services:
v. take no action which will increase the amounts payable by the County under this
Agreement; and
e) In the event that the County exercises its right to terminate this Agreement pursuant to
this Article the Contractor will be compensated as stated in the payment Articles, herein,
for the:
i. portion of the Services completed in accordance with the Agreement up to the
Effective Termination Date; and
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MIAMI-DADE COUNTY. FLORIDA
Contract No. RFP683
ii. noncancelable Deliverables that are not capable of use except in the performance
of this Agreement and has been specifically developed for the sole purpose of tl1is
Agreeme'1t but not incorporated in the Services.
f) All compensation pursuant to this Article are subject to audit.
ARTICLE 24. EVENT OF DEFAULT
a) , An Event of Default shall mean a breach of this Agreement by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to
herein as a breach, an Event of Default, shall include the following:
i. the Contractor has not delivered Deliverables on a timely basis.
ii. the Contractor has refused or failed, except in case for which an extension of time is
provided, to supply enough properly skilled Staff Personnel;
iii. the Contractor has failed to make prompt payment to subcontractors or suppliers for
any Services;
iv. the Contractor has become insolvent (other than as interdicted by the bankruptcy
laws), or has assigned the proceeds received for the benefit of the Contractor's
creditors, or the Contractor has taken advantage of any insolvency statute or
debtor/creditor law or if the Contractor's affairs have been put in the hands of a
receiver;
v. the Contractor has failed to obtain the approval of the County where required by this
Agreement;
. vi. the Contractor has failed to provide "adequate assurances" as required under
subsection "b" below; ,
vii. the Contractor has failed in the representation of any warranties stated herein.
b) When, in the opinion of the County, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Services or any portion thereof, the
County may request that the Contractor, within the timeframe set forth in the County's
request, provide adequate assurances to the County, in writing, of the Contractor's ability
to perform in accordance with terms of this Agreement. Until the County receives such
assurances the County may request an adjustment to the compensation received by the
Contractor for portions of the Services which the Contractor has not performed. In the
event that the Contractor fails to provide to the County the requested assurances within
the prescribed time frame, the County may:
L treat such failure as a repudiation of this Agreement;
ii. resort to any remedy for breach provided herein or at law, including but not limited
to, taking over the performance of the Services or any part thereof either by itself or
through others.
c) In the event the County shall terminate this Agreement for default, the County or its
designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
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MIAMI-DADE COUNTY. FLORIDA
Contract No. RFP683
ARTICLE 25. NOTICE OF DEFAULT - OPPORTUNITY TO CURE
If an Event of Default occurs, in the determination of the County, the County may so notify the
Contractor ("Default Notice"), specifying the basis for such default, and advising the Contractor
that such default must be cured immediately or this Agreement with the County may be
terminated. Notwithstanding, the County may, in its sole discretion, allow the Contractor to
rectify the default to the County's reasonable satisfaction within a thirty (30) day period. The
County may grant an additional period of such duration as the County shall deem appropriate
without waiver of any of the County's rights hereunder, so long as the Contractor has
commenced curing such defa~lt and is effectuating a cure with diligence and continuity during
such thirty (30) day period or any other period which the County prescribes. The default notice
shall specify the date the Contractor shall discontinue the Services upon the Termination Date.
ARTICLE 26. REMEDIES IN THE EVENT OF DEFAULT
If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the
default, inCluding but not limited to:
a) lost revenues;
b) the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and,
c) such other direct damages.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's
default. The County may also bring any suit or proceeding for specific performance or for an
injunction.
ARTICLE 27. PATENT AND COPYRIGHT INDEMNIFICATION
a) The Contractor warrants that all Deliverables furnished hereunder, including but not
limited to: equipment programs, documentation, software, analyses, applications,
methods, ways, processes, and the like, do not infringe upon or violate any patent,
copyrights, service marks, trade secret, or any other third party proprietary right~.
b) The Contractor shall be liable and responsible for any and all claims made against the
County for infringement of patents, copyrights, service marks, trade secrets or any other
third party proprietary rights, by the use or supplying of any programs, documentation,
software, analyses, applications, methods, ways, processes, and the like, in" the course
of performance or completion of, or in any way connected with, the Work, or the
County's continued use of the Deliverables furnished hereunder. Accordingly, the
Contractor at its own expense, including the payment of attorney's fees, shall indemnify,
and hold harmless the County and defend any action brought against the County with
respect to any claim, demand, cause of action, debt, or liability.
c) In the event any Deliverable or anything provided to the County hereunder, or portion
thereof is held to constitute an infringement and its use is or may be "enjoined, the
Contractor shall have the obligation to, at the County's option to (i) modify, or require that
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MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
the applicable subcontractor or supplier modify, the alleged infringing item(s) at its own
expense, without impairing in any respect the functionality or performance of the item(s),
or (ii) procure for the County, at the Contractor's expense, the rights provided under this
Agreement to use the item(s). '
d) The Contractor shall be solely responsible for determining and informing the County
whether a prospective supplier or subcontractor is a party to any litigation involving
patent or copyright infringement, service mark, trademark, violation, or proprietary rights
claims or is subject to any injunction which may pro/:1ibit it from providing any Deliverable
hereunder. The Contractor shall enter into agreements with all suppliers and
subcontractors at the Contractor's own risk. The County may reject any Deliverable that
, it believes to be the subject of any such litigation or injunction, or if, in the County's
judgment, use thereof would delay the Work or be unlawful.
e) The Contractor shall not infringe any copyright, trademark, service mark, trade secrets,
patent rights, or other intellectual property rights in the performance of the Work.
ARTICLE 28. CONFIDENTIALITY
a) All Developed Works and other materials, data, transactio'ns of all forms, financial
information, documentation, inventions, designs and methods obtained from the County
in connection with the Services performed under this Agreement, made or developed by
the Contractor or its subcontractors in the course of the performance of such Services,
or the results of such Services, or. which the County holds th~ proprietary rights,
constitute Confidential Information and may not, without the prior written consent of the
Cc;>unty, be used by the Contractor or its employees, agents, subcontractors or suppliers
for any purpose other than for the benefit of the County, unless required by law. In
addition to the foregoing, all County employee information and County financial
information shall be considered confidential information and shall be subject to all the
requirements stated herein. Neither the Contractor nor its employees, agents,
subcontractors or suppliers may selli transfer, publish, disclose, display, license or
otherwise make available to others any part of such Confidential Information without the
prior written consent of the County. Additionally, the Contractor expressly agrees to be
bound by and to defend, indemnify and hold harmless the County, and their officers and
employees from the breach of any federal, state or local law in regard to the privacy of
individuals.
b) The Contractor shall advise each of its employees, agents, subcontractors and suppliers
who may be exposed to such Confidential Information of their obligation to keep such
information confidential and shall promptly advise the County in writing if it learns of any
unauthorized use or disclosure of the Confidential Infor!llation by any of its employees or
agents, or sUbcontra,ctor's or supplier's employees, present or former. In addition, the
Contractor agrees to cooperate fully and provide any assistance necessary to ensure the
confidentiality of the Confidential Information.
c) It is understood and agreed that in the event of a breach of this Article damages may not
be an adequate remedy and the County shall be entitled'to injunctive relief. to restrain
any such breach or threatened breach. Unless otherwise requested by the County,
upon the completion of the Services performed' hereunder, t/1e Contractor shall
immediately turn over to the County all such Confidential Information existing in tangible
form, and no copies thereof shall be retained by the Contractor or it~ employees, agents,
subcontractors or suppliers without the prior written consent of the County. A certificate
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MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
evidencing compliance with this provision and signed by an officer of the Contracto"r shall
accompany such materials. ' ,
ARTICLE 29. PROPRIETARY INFORMATION
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Contractor acknowledge that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or contain
information or materials which the County has developed at its own expense, the disclosure of
which could harm the County's proprietary interest therein.
During the term of the contract, the Contractor will not use directly or indirectly for itself or for
others, or publish or disclose to any third party, or remove from the County's property, any
computer programs, data compilations, or other software which the County has developed, has
used or is using, is holding for use, or which are otherwise in the possession of the County
(hereinafter "Computer Software"). All third,-party license agreements must also be honored by
the contractors and their employees, except as authorized by the County and, if the Computer
Software has been leased or purchased by the County, all hired party license agreements must
also be honored by the contractors' employees with the approval of the lessor or Contractors
thereof. This includes mainframe, minis, telecommunications, personal computers and any and
, all information technology software.
The Contractor will report to the County any information discovered or which is disclosed to the
Contractor which may relate to the improper use, publication, disclosure or removal from the
County's property of any information technology software and hardware and will take such steps
as are within the Contractor's authority to prevent improper use, disclosure or removal.
ARTICLE 30. PROPRIETARY RIGHTS
a) The Contractor hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished by
the County to the Contractor hereunder or furnished by the Contractor to the County
and/or created by the Contractor for delivery to the County,' even if unfinished or in
process, as a result of the Services the Contractor performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Contractor as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Contractor
shall not, without the prior written consent of the County, use such documentation on any
other project in which the Contractor, or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Contractor to
meet official regulatory requirements or for other purposes in connection with the
performance of Services under this Agreement shall not be construed,as publication in
derogation of the County's copyrights or other proprietary rights.
b) All rights, titl~ and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Contractor and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County. '
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Contract No. RFP683
c) Accordingly, neither the Contractor nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized,' reproduced or distributed by or on behalf of the Contractor, or
any employee, agent, subcontractor or supplier thereof, without the prior written consent
of the County, except as required for the Contractor's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the
Contractor" and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Contractor hereby grants, and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any other
person( s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the County
or entities controlling, controlled by, under common control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with the
County. Such license specifically includes, but is not limited to, the right of the County to
use and/or disclose, in whole or in part, the technical documentation and Licensed
Software, including source code provided hereunder, to any person or entity outside the
County for such person's or entity's use in furnishing any and/or all of the Deliverables
provided hereunder exclusively for the County or entities controlling, controlled by, under
common control with, or affiliated with the County, or organizations which may hereafter
be formed by or become affiliated with the County. No such License Software,
specifications, data, documentation or related information shall be,deemed to have been
given in confidence and any statement or legend to the contrary shall be void and of no
effect.
ARTICLE 31. VENDOR REGISTRATION AND FORMS/CONFLICT OF INTEREST
a) Vendor Registration
The Contractor shall be a registered vendor with the County - Department of Procurement
Management, for the duration of this Agreement. In becoming a Registered Vendor with Miami-
Dade County, the Contractor confirms its knowledge of and commitment to comply with the
following:
1. Miami-Dade County Ownership Disclosure Affidavit
(Section 2-8.1 of the County Code)
2. Miami-Dade County Employment Disclosure Affidavit
(See/Ion 2.8-1(d)(2) of the County Code)
3. Miami-Dade Employment Drug-free Workplace
Certification
(Section 2-8.1.2(b) of the County Code)
4. Miami-Dade Disability and Nondiscrimination Affidavit
(SectIon 2-8.1.5 of the County COde)
5. Miami-Dade County Debarment Disclosure Affidavit
(Section 10.38 of the County COde)
6. Miami-Dade County Vendor Obligation to County
Affidavit
(See/ion 2-8.1 of/he County Code)
7. Miami-Dade County Code of Business Ethics Affidavit
(SectIon 2-8.1 (i) and 2-11 (b}(1) of the County Code through
(6) and (9) offhe County Code and Section 2-11.1(c) of/he
County Code)
8. Miami-Dade County Family Leave Affidavit
(Article V of Chapter 11 of the County Code)
9. Miami-Dade County Living Wage Affidavit
(Section 2-8.9 of the County Code)
10. Miami-Dade County Domestic Leave and Reporting
Affidavit
(Article 8, Section 11A-60 11A-67 of the County Code)
11. Subcontracting Practices
(Ordinance 97-35)
12. Subcontractor /Supplier Listing
(SectIon 2-8.8 of the County Code)
13. Envlronmentalfy Acceptable Packaging
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MIAMI-DADE COUNTY. FLORIDA
(Resolution R-738-92)
14. W-9 and 8109 Forms
(as required by the Internal Revenue Service)
15. FEIN Number or Social Security Number
In order to establish a file, the Contracto(s Federal
Employer Identification Number (FEIN) must be
provided. If no FEIN exists, the Social Security Number
of the owner or individual must be provided. This
number becomes Contractor's .County Vendor
Number". To comply with Section 119.071(5) of the
Florida Statutes relating to the collection of an
individual's Social Security Number, be aware that the
County requests the Social SeCurity Number for the
fOllOwing purposes:
. Identification of individual account records
. To make payments to individual/Contractor for
goods and services provided to Miami-Dade
County
Contract No. RFP683
. Tax reporting purposes
· To provide a unique identifier in the vendor
database that may be used for searChing and
sorting departmental records
16. Office of the Inspector General
(Section 2-1076 of the County Code)
17. Small Business Enterprises
The County endeavors to obtain the participation of all
small business enterprises pursuant to Sections 2-8.2,
2-8.2.3 and 2-8.2.4 of the County Code and Title 49 of
the Code of Federal Regulations.
18. Antitrust Laws
By acceptance of any contract, the Contractor agrees
to comply with all antitrust laws of the United States and
the State of FlorIda.
b) Conflict of Interest
Section 2-11.1(d) of Miami-Dade County Code as amended by Ordinance 00-1, requires any
county employee or any member of the employee's immediate family who has a controlling
financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for
Miami-Dade County from competing or applying for any such contract as it pertains to this
solicitation, must first request a conflict of interest opinion from the County's Ethic Commission
prior to their or their immediate family member's entering into any contract or transacting any
business through a firm, corporation, partnership or business entity in which the employee or
any member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County and
that any such contract, agreement or business engagement entered in violation of this
subsection, as amended, shall rend~r this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579-2593.
ARTICLE 32.
INSPECTOR GENERAL REVIEWS
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the County has the right to retain
the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),
whenever the County deems it appropriate to do so. Upon written notice from the County, the
Contractor shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall
be responsible for the payment of these IPSIG services, and under no circumstance shall the
Contractor's prices and any changes thereto approved by the County, be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein, apply to the
Contractor, its officers, agents, employees, subcontractors and assignees. Nothing contained
in this provision shall impair any independent right of the County to conduct an audit or
investigate the operations, activities and performance of the Contractor in connection with this
Agreement. The terms of this Article shall not impose any liability on the County by the
Contractor or any third party.
Miami-Dade County InsIJector General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended by'Ordinance No.
99-63, Miami-Dade County has established the Office of the Inspector General which may, on a
. random basis, perform audits on all County contracts, throughout the duration of said contracts,
except as otherwise provided below. The cost of the audit for this Contract shall be one quarter
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MIAMI.DADE COUNTY. FLORIDA Contract No. RFP683
(1/4) of one (1) percent of the total contract amount which cost shall be included in the total
contract amount. The audit cost will be deducted by the County from progress payments to the
Contractor. The audit cost shall also be included in all change orders and all contract renewals
and extensions. '
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not
apply to the following contracts: {a} IPSIG contracts; (b) contracts for legal services; (c)
contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue-
generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is
approved by the Commission; 0} professional service agreements under $1,000; (k)
management agreements; (I) small purchase orders as defined in Miami-Dade County
Administrative Order 3-2; (m) federal, state and local government-funded grants; and (n)
interlocal agreements.' Notwithstanding the foregoing, the Miami-Dade County Board of
County Commissioners may authorize the inclusion of the fee a~sessment of one quarter
(1/4) of one percent in any exempted contract at the time of award.
Nothing contained abo.ve shall in any way limit the powers of the Inspector General to perform
audits on all County contracts including, but not limited to, those contracts specifically exempted
above. The Miami-Dade County Inspector General is authorized and empowered to review
past, present and proposed County and Public Health Trust contracts, transactions, accounts,
records and. programs. In addition, the Inspector General has the power to subpoena
witnesses, 'administer oaths, require the production of records and monitor existing projects and
programs. Monitoring of an existing project or program may include a report concerning
whether the project is on time, within budget and in conformance with plans. specifications and
applicable law. The Inspector General is empowered to analyze the necessity of and
reasonableness of proposed change orders to the Contract. The Inspector General is
empowered to retain the services of independent private sector inspectors general (IPSIG) to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement process, including but not limited to project design, specifications, proposal
submittals, activities of. the Contractor, its officers, agents and employees, lobbyists, County
staff and elected officials to ensure compliance with contract specifications and to detect fraud
and corruption.
Upon written notice to the Contractor from the Inspector General or IPSIG retained by the
'Inspector General, the Contractor shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG
shall have the right to inspect and copy all documents and records in the Contractor's
possession, custody or control which, in the Inspector General's or IPSIG's sole judgment,
pertain to performance of the contract, including, but not limited to original estimate fifes, change
order estimate files, worksheets, proposals and agreements form and which successful and
unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda,
instructions, financial documents, construction documents; proposal and contract documents,
back-charge documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records,
and supporting documentation for the aforesaid documents and records.
ARTICLE 33. LOCAL, STATE. AND FEDERAL COMPLIANCE REQUIREMENTS
Contractor agrees to comply, subject to applicable professional standards, with the provisions
of any and all applicable Federal, State and the County orders, statutes, ordinances, rules and
regulations which may pertain to the Services required under this Agreement, including but not
limited to:
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e)
f)
g)
h)
MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
a) Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as
amended and applicable to this Contract.
b)
Miami-Dade County Florida, Department of Small Business Development Participation
Provisions, as applicable to this Contract.
Environmental Protection Agency (EPA), as applicable to this Contract.
Miami-Dade County Code, Chapter 11A, Article 3. All contractors and subcontractors
performing work in connection with this Contract shall provide equal opportunity for
employment because of race, religion, color, age, sex, national origin, sexual
preference, disability or marital status. The aforesaid provision shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment.
advertising; layoff or termination; rates of payor other forms. of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous place available for employees and applicants for employment, such notices
as may be required by the Dade County Fair Housing and Employment Commission, or
other authority having jurisdiction over the work setting forth the provisions of the
nondiscrimination law.
c)
d)
"Conflicts of Interest" Section 2-11 of the County Code, and Ordinance 01-199.
Miami-Dade County Code Section 10-38 "Debarment".
Miami-Dade County Ordinance 99-5, codified at 11A-60 et. seq. of Miami-Dade Code
pertaining to complying with the County's Domestic Leave Ordinance.
Miami-Dade County Ordinance 99-152, prohibiting the presentation, maintenance, or
prosecution of false or fraudulent claims against Miami-Dade County.
Notwithstanding any other provision of this Agreement, Contractor shall not be required
pursuant to this Agreement to take any action or abstain from taking any action if such action or
abstention would, in the good faith determination of the Contractor, constitute a violation of any
. law or regulation to which Contractor is subject, including but not limited to laws and regulations
requiring that Contractor conduct its operations in a safe and sound manner.
ARTICLE 34. NONDISCRIMINATION
During the. performance of this Contract, Contractor agrees to: not discriminate against any
employee or applicant for employment because of race, religion, color, sex, handicap, marital
status, age or national origin, and will take affirmative action to ensure that they are afforded
equal employment opportunities without discrimination. Such action shall be taken with
reference to, but not limited to: recruitment, employment, termination, rates of payor other
forms of compensation, and selection for training or retraining, including apprenticeship and on
the job training.
By entering into this Contract with the County, the Contractor attests that it is not in violation of
the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution
No. R-385-95. If the Contractor or any owner, subsidiary or other firm affiliated with or related
to the Contractor is found by the responsible enforcement agency or the County to be in
violation of the Act or the Resolution, such violation shall render this Contract void. This
Contract shall be void if the Contractor submits a false affidavit pursuant to this Resolution or
the Contractor violates the Act or the Resolution during the term of this Contract, even if the
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MIAMI-DADE COUNTY, FLORIDA
Contractor was not in violation at the time it submitted its affidavit.
Contract No. RFP683
ARTICLE 35. CONFLICT OF INTEREST
The Contractor represents that:
a)
, No officer, director, employee, agent, or other consultant of the County or a member of
the immediate family or household of the aforesaid has directly or indirectly received or
been promised any form of benefit, payment or compensation, whether tangible or
intangible, in connection with the grant of this Agreement.
There are no undisclosed persons or entities interested with the Contractor in this
Agreement. This Agreement is entered into by the Contractor without any connection
with any other entity or person making a proposal for the same purpose, and without
collusion, fraud or conflict of interest. No elected or appointed officer or official, director,
employee, agent or other consultant of the County, or of the State of Florida (including
elected and appointed members of the legislative and executive branches of
government), or a member of the immediate family or household of any of the aforesaid:
i) is interested on behalf of or through the Contractor directly or indirectly in any
manner whatsoever in the execution or the performance of this Agreement, or in the
services, supplies or work, to which this Agreement relates or in any portion of the
revenues; or
b)
ii) is an employee, agent, advisor, or consultant to the Contractor or to the best of the
Contractor's knowledge any subcontractor or supplier to the Contractor.
c) Neither the Contractor nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Contractor shall have an interest which is in conflict with the Contractor's
faithful performance of. its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Contractor
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets, forth in detail the nature of the relationship and why it is in
the County's best interest to consent to such relationship.
d) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
e) In the event Contractor has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Contractor shall promptly bring such information to the
attention of the County's Project Manager. Contractor shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Contractor receives from the Project Manager in regard to remedying the situation.
ARTICLE 36. PRESS RELEASE OR OTHER PUBLIC COMMUNICATION
Under no circumstances shall the Contractor without the express written consent of the County:
a) Issue or permit to be issued any press release, advertisemer:Jtor literature of any kind
which refers to the County, or the Work being performed hereunder, unless the
Page 22 of 25
Rev. 11/24/09
s\~
I ,
MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
Contractor ,first obtains the written approval of the County. Such approval may be
withheld if for any reason the County believes that the publication of such information
would be harmful to the public interest or is in any way undesirable; and
Communicate in any way with any contractor, department, board, agency, commission
or other organization or any person whether governmental or private in connection with
the Services to be performed hereunder except upon prior written approval and
instruction of the County; and
b)
c)
Except as may be required by law, the Contractor and its employees, agents,
subcontractors and suppliers will not represent, directly or indirectly, that any product or
service provided by the Contractor or such parties has been approved or endorsed by
the County.
ARTICLE 37.
BANKRUPTCY
The County reserves the right to terminate this contract, if, during the term of any contract the
Contractor has with the County, the Contractor becomes involved as a debtor in a bankruptcy
proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if
a trustee or receiver is appointed over all or a substantial portion of the property of the
Contractor under federal bankruptcy law or any state insolvency law.
ARTICLE 38. GOVERNING LAW
This Contract, including appendices, and all matters relating to this Contract (whether in
contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in
accordance with, the laws of the State of Florida. Venue shall be Miami-Dade County.
ARTICLE 39. CONTRACTOR LIABILITY
The Contractor shall be solely responsible for all injuries to any and all persons (including death)
or damage to property, including but not limited to, property of Miami-Dade County, occurring. on
account of or in connection with the furnishing and delivering of the petroleum product
hereunder. The Contractor shall indemnify and save harmless Miami-Dade County from any
and all loss and liability upon any and all claims for damages on account of such injuries to
persons (including death) or damage to property or on account of any neglect, fault or default of
the Contractor, its subcontractors, Miami-Dade County or their respective agents, servants or
employees and from all costs and expenses in suits which may be brought against Miami-Dade
County on account of any such injuries to persons, (including death) or damage to property or
on account of any such neglect, fault and default as aforesaid. The Contractor shall be solely
responsible and liable for, and shall fully protect and indemnify Miami-Dade County against any
and all claims for injuries to persons (including death) or damage to property occasioned by or
resulting from methods or processes in the furnishing and delivering of the petroleum product,
or otherwise and irrespective of the actual cause of the accident and irrespective whether such
injuries or damages be attributable to negligence of the Contractor, its subcontractors, Miami-
Dade County, their respective agents, servants, employees, or otherwise. If compensation for
any such injury to person or damage to property shall be included in any judgment or award in
any action or proceeding, the Contractor shall upon demand promptly reimburse Miami-Dade
County for any payments made by Miami-Dade County on account thereof.
Page 23 of 25
R~V.11/24/0~ \ ~
MIAMI-DADE COUNTY. FLORIDA
ARTICLE 40. COUNTY USER ACCESS PROGRAM (UAP)
Contract No. RFP683
a) User Access Fee
Pursuant to Miami-Dade County Budget Ordinance No. 03-192, this Contract is subject to a
user access fee under the County User Access Program (UAP) in the amount of two percent
(2%). All sales resulting from this Contract, or any contract resulting from the solicitation
referenced on the first page of this Contract and the utilization of the County Contract price and
the terms and conditions identified herein, are subject to the two percent (2%) UAP. This fee
applies to all Contract usage whether by County Departments or by any other governmental,
quasi-governmental or not-for-profit entity.
The Contractor providing goods or services under this Contract shall invoice the Contract price
and shall accept as payment thereof the Contract price less the 2% UAP as full and complete
payment for the goods and/or services specified on the invoice. The County shall retain the 2%
UAP for use by the County to help defray the cost of the procurement program. Contractor
participation in this invoice reduction portion of the UAP is mandatory.
b) Joint Purchase
Only those entities that have been approved by the County for participation in the County's Joint
Purchase and Entity Revenue Sharing Agreement are eligible to utilize or receive County
Contract pricing and terms and conditions. The County will provide to approved entities a UAP
Participant Validation Number. The Contractor must obtain the participation number from the
entity prior to filling any order placed pursuant to this Section. Contractor participation in this
joint purchase portion of the UAP, however, is voluntary. The Contractor shall notify the ordering
entity, in writing, within 3 work days of receipt of an order, of a decision to decline the order.
For all ordering entities located outside the geographical boundaries of Miami-Dade County, the
Contractor shall be entitled to ship goods on an dFOB Destination, Prepaid and Charged Back"
basis. This allowance shall only be made when expressly authorized by a representative of the
ordering entity prior to shipping the goods.
The County shall have no liability to the Contractor for the cost of any purchase made by an
ordering entity under the UAP and shall not be deemed to be a party thereto. All orders shall be
placed directly by the ordering entity with the Contractor and shall be paid by the ordering entity
less the 2% UAP.
c) Contractor Compliance
If a Contractor fails to comply with this Article, that Contractor may be considered in default by
the County in accordance with Article 24 of this Contract.
ARTICLE 41. SURVIVAL
The parties acknowledge that any of the obligations in this Agreement will survive the term,
termination and cancellation hereof. Accordingly, the respective obligations of the Contractor
and the County under this Agreement, which by nature would continue beyond the termination,
cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof.
Page 24 of 25
Rev. 11/24/09
s\~
MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract
date herein above set forth.
Contractor
Miami-Dade County
Name:
~
BY:~~
NameJ e.-n" : -k c;~~- ;/0 On
Title:~LAD(r~./? "l2m.u.-rL>R- / 6~/n
Date: M~ 1.5-, ?-OlD
Attest:
By:
Title:
Date:
Attest:
Corporate Setetary/Notary Public
Clerk of the Board
Corporate Seal/Notary Seal
Approved as to form
and legal sufficiency
, ..~yl;:A"" William P. Putnam
tl/;&-~~COMMISSlON # 00799318
~~'.&~~EXPlRES: JUN. 22, 2012
"'~""d"'~
~',/~,r.;... www.AARoNNOTARY:com
Page 25 of 25
Rev. 11/24/09
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Miami-Dade Countv. Florida
Contract No. RFP683
Appendix A
SCOPE OF SERVICES
1. Backaround
Miami-Dade County uses approximately 30 million gallons of fuel (see fuel types defined in Section 2.5) each
year. The fuel is distributed to eleven County departments through numerous storage tank facilities located
throughout Miami-Dade County (see Attachment A). The intent of this Contract is for the County to obtain
adequate fuel to meet its requirements under normal conditions and during emergency conditions that may
disrupt the availability of fuel. The Contractor shall maintain an agreement with a terminal operator that is
satisfactory to the County and that guarantees a supply of fuel to the County. The Contractor shall renew any
such agreement at least ninety (90) days prior to its expiration date, and provide a duly signed and authorized
copy of the renewed agreement to the County within ten (10) days of executing said renewal agreement.
2. Fuel Delivery Services bv Local Haulers
The County prefers that the Contractor's fuel haulers which will provide fuel deliveries for this Contract are
local businesses (located within Miami-Dade County or Broward County). The Contractor may use it's own
resources, or use subcontractors, to provide the fuel deliveries. .
3. Fuel Volumes
While this Contract is non-exclusive, the County intends to utilize the Contractor to purchase fuel to meet the
County's needs. The following are quantities of fuel purchas'ed by the County in 2008:
A. E10 Gasoline Fuel: 9.5 million gallons
B. Ultra low Sulfur Diesel Fuel, No.2: 17.2 million gallons
C. Ultra low Sulfur Diesel Fuel, No.2 (Dyed): 3 million gallons
4. Standards ,
All fuel shall conform to the latest standards pursuant to the Florida State Department of Agriculture and
Consumer Services Division. For fuel with no current standards under the Florida State Department of
Agriculture and Consumer Services, the fuel type shall meet all ASTM International standards.
Bio-diesel fuel shall conform to all ASTM International standards and any future amendments thereto.
The Contractor shaJi comply with product ahd transportation requirements, regulatory mandates,' and
environmental standards established by the Florida Department of Transportation (FOOT) and the U.S.
Environmental Protection Agency (EPA).
5. Fuel Tvpes and Grades Reauired
The types of fuel that the County anticipates purchasing are listed below. However, the County reserves the
right, at its sole discretion, to change this list by either the deletion or addition of fuel types as may become
necessary for the County's needs. When a class, type, or category of fuel is to be added, the County shall
provide the specifications fo'r the fuel to the Contractor no less than fifteen (15) days in advance of the first
request for such fuel.
1. E10 Gasoline, Regular (to test no less than 87'octane)
2. E10 Gasoline, Mid-Grade (to test no less than 89 octane)
3. E10 Gasoline, Premium (to test no less than 91 octane)
4. Diesel Fuel No.2 Red-Dyed
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Miami-Dade County. Florida
Contract No. RFP683
Appendix A
5. Diesel Fuel NO.2 Non-Dyed
6. Bio-diesel Fuel (The County will require a 5% or greater bio-diesel mix in the future.)
6. Pricing
The price for E10 Gasoline shall be based on the price of gasoline, a Differential from the applicable daily
Platts mean price, one day prior to the date of delivery, for the Gulf Coast Waterborne region, plus the price of
ethanol; a Differential from the applicable daily Platts mean price. one day prior to the date of delivery, for the
New York Harbor Barge region. The price for diesel shall be based on a Differential from the applicable daily
Platts mean price, one day prior to the date of delivery, for the Gulf Coast Waterborne region. The pricing
shall be based upon units of one gallon. Pricing for Saturday, Sunday and Monday shall be based on Friday's
Platts mean price plus applicable Differential.
The Contractor shall provide the County written notice of any changes within a reasonable time of all available
Federal or State credits and discounts available on all fuel types being purchased herein. The Contractor shall
apply all applicable credits and discounts to the price charged to the County. and identify and reflect the
discount on the applicable invoices.
7. Fuel Deliverv Services
A. The Contractor shall make deliveries within twenty-four (24) hours of the order or as directed by
the County. All deliveries shall be made in accordance with good commercial practice, and
within the specified operating hours of the applicable facilities, including fuel deliveries on
Saturday and Sunday. In cases where the delivery will be delayed due to force majeure.
strikes, or other causes beyond the control of the Contractor, the Contractor shall notify the
County's authorized representative (at the applicable facility) of the delays, in advance of the
delivery time, so that a revised delivery schedule can be arranged with the County's authorized
representative at the applicable facility.
B. The Contractor shall provide reliable fuel delivery by using transport truck (fuel amounts in
excess of 5,000 gallons) and tank wagon (fuel amounts of 5.000 gallons or less) deliveries.
The County anticipates that the majority of its fuel orders shall be delivered using transport
truck deliveries. All tank wagon trucks shall be outfitted with the appropriate meters and
measuring equipment for fuel delivery. Transport truck deliveries shall be accompanied by the
Bill of Lading from the fuel terminal.
C. All fuels loaded for deliveries shall be temperature adjusted to 600 F or in accordance with the
latest edition of the ASTM International applicable standards for Petroleum Measurement
Tables. The Contractor shall invoice based on the net gallons of fuel delivered after
temperature compensation. The County reserves the right to reconcile any deviation of fuel
delivered by using the County's electronic tank gauging system (e.g.. Veeder Root).
D. All fuel shall be delivered F.O.B. destination to'the locations provided in Attachment A. Fuel
delivery cost shall include all costs of transporting, delivery, and unloading to the locations
provided. An authorized County representative must accept fuel deliveries and sign the delivery
ticket. A copy of the signed delivery ticket shall be submitted with the invoice.
F. The Contractor may be required to deliver a split load of transport truck deiivery to two County
facilities, at no additional cost to the County.
2
S\a
Miami-Dade Countv. Florida
Contract No. RFP683
Appendix A
8. Truck Certification
Fuel delivery shall be in trucks equipped with a sealed State of Florida approved and inspected meter or 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.
9. Addition or Deletion of Facilities
The County, at its sole discretion, may add or delete facilities or service for any facility. When the need arises,
the County will add or delete facilities to the master list (Attachment A) and notify the Contractor in writing.
10. Emeraency Continaency Plan
The Contractor shall, at all times, have an Emergency Contingency Plan that guarantees the County a
continuous supply of fuel before, during, and after an emergency, as determined solely by the County. During
emergencies the County has historically experienced an increase in its normal fuel purchases of about 40%-
60% for a period of time depending on the nature of the emergency. The Contractor shall provide the fuel at
existing contract prices. If the need arises, the County will reimburse the Contractor for fuel delivered from
ports or terminals other than Port Everglades, with prior written approval from the County, in accordance with
Appendix B, Price Schedule.
11. Fuel Spills
A. The Contractor shall be fully responsible for any and all actions of their employee's, including
those that require abatement or clean up as result of an "improper" delivery. The Contractor
shall have and shall maintain those types and~uantities of materials necessary to contain a fuel
spill. I
B. The Contractor shall promptly, and thoroughly cleanup all fuel spills. pursuant to federal, state,
and local regulations and shall pay for any environmental remediation and any agency fines or
fees that result from, the fuel spill.
C. Discovery or occurrence of a fuel spill, on overfill, excess water in the tank, suspected
contamination of surrounding area, suspected tank failure, or any indication of chemical release
shall be immediately reported by the Contractor to the County. When the event is directly or
indirectly the result of the Contractor's actions, the Contractor shall also effect containment and
initiate cleanup immediately.
12. Accident Prevention and Barricades
The Contractor shall exercise precautions at all times for the protection of persons and property. The
Contractor during the provision of services shall conform to all relevant Federal, State and County regulations.
Any fines-levied by the above-mentioned authorities for failure to comply with these requirements shall be
borne solely by the Contractor. The Contractor shall provide barricades - when fuel delivery is performed in
areas traversed by persons, or when deemed necessary by an authorized County representative.
13. Compliance with Federal Standards
The handling and delivery of all fuel during the provision of services shall be in accordance with all
governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health
Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), the National Fire
Protection Association (NFPA), and the EPA.
3
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Miami-Dade Countv. Florida
Contract No. RFP683
Appendix A
14. Complhmce with the Florida Occupational Safety and Health Act
The Contractor shall comply with all requirements of Chapter 442 of the Florida Statutes regarding Material
Safety Data Sheets (MSDS).
15. Alternative Fuels
Considering the dynamic nature of fuel technology and the growing demand for alternative fuels, the County
reserves the right to add any alternative fuel to the fuel types required. When such a need arises, the County
shall contact the Contractor to find out whether the Contractor has the ability to provide or obtain the
alternative fuel. The County shall provide the Contractor with information on the fuel type, the technical
specifications of the fuel, the. acceptable operating parameters, the estimated quantities, delivery
requirements, and any other relevant information available. The Contractor shall submit a written price offer
for the supply of the al~ernative fuel for the County's review and approval.
The County has the right not to accept the 'Contractor's price offer on the alternative fuel and to purchase the
alternative fuel elsewhere.
16. Reportina ReQuirements
The Contractor shall submit to the County a Fuel Purchasing Report on a monthly basis. The Fuel Purchasing
Report shall include fuel volume totals by fuel type for each department by delivery address. The report shall
also include a "Grand Total" fuel volume for all County departments for each fuel type. The required fields are
the following:' .
· Reporting Period (specify month)
· Department
· Delivery Address
· Delivery Volume (do not round off reported volume amounts, allow volumes to be reported up to as
many decimal pla~es as needed)
· Subtotal Volume (per fuel type for each department)
· Grand Total Volume (per fuel type for all departments)
· Note regarding fuel types: report must specify the ethanol and biodiesel blend being delivered
The Fuel Purchasing Report shall be sent in electronic format (Excel format preferred, sample available
upon request) via email to: Susannah Troner, Office of Sustainability (trones@miamidade.aov) and Derek
Bradchulis, Department of Environmental Resources Management (BradcD@miamidade.aov).
4
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---II
Miami-Dade County
Contract No. RFP 683
Appendix B
Price Schedule
. A. PRICE
The "Differential Per Gallon" for Net 45 Day payment is listed below, in accordance with Appendix A, Scope of
Services for providing the fuel types and services including delivery of fuel, excluding the "Emergency Fuel
Delivery" fees which are provided for in item "C" below. The pricing is stated as a fixed price which includes all
supplies and any and all other expenses to be paid for these services under the Contract.
TRANSPORT TRUCK DELIVERIES
(Net 45 Days)
Fuel Types
Differential Per Gallon
E10 Gasoline, Regular
E10 Gasoline, Mid-Range
E10 Gasoline, Premium
ULS Diesel, No.2 (non-dyed)
B-5 Blo-dlesel (non-dyed)
ULS Dies~IJ No.2 (red-dyed)
Gasoline
Ethanol
Fuel Types
Differential Per Gallon
E10 Gasoline, Regular
E10 Gasoline, Mid-Range
E10 Gasoline, Premium
ULS Diesel, No.2 (non-dyed)
B-5 Bio-dlesel (non-dyed)
ULS Diesel, No.2 (red-dyed)
Gasoline
Ethanol
S\B
, ..
Miaml.Dade County
Contract No. RFP 683
B. EARLY PAYMENT DISCOUNT PRICE
The Early Payment Discount Price, pursuant to Article 9, is as follows:
The "Differential Per Gallon" for Net 15 Day payment is listed below, in accordance with Appendix A. Scope of
Services for providing the fuel types and services including delivery of fuel, excluding the "Emergency Fuel
Delivery" fees which are provided for in item "C" below. The pricing is stated as a fixed price which includes all
supplies and any and all other expenses to be paid for these services under the Contract.
TRANSPORT TRUCK DELIVERIES
(Net 15 Day)
Fuel Types
Differential Per Gallon
E10 Gasoline, Regular
E10 Gasoline, Mid-Range
E10 Gasoline, Premium
ULS Diesel, No.2 (non-dyed)
B-5 Bio-diesel (non-dyed)
ULS Diesel, No.2 (red-dyed)
Gasoline
Ethanol
TANKWAGON TRUCK DELIVERIES
Net 15 Days
Fuel Types
Differential Per Gallon
E10 Gasoline, Regular
E10 Gasoline, Mid-Range
E10 Gasoline, Premium
ULS Diesel, No. 2 (non~dyed)
B-5 Bio-diesel (non-dyed)
ULS Diesel, No.2 (red-dyed)
Gasoline
Ethanol
C. EMERGENCY FUEL DELIVERY
In accordance with Appendix A,. Scope of Services, Item 10, entitled Emergency Contingency Plan, the
cost for fuel delivered from ports or terminals other than Port Everglades will be reimbursed by the County
at the actual market freight rate with no mark-up by the Contractor. The fuel delivery rate shall be capped
at $900.00 p:er delivery.
2
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. .
Miami-Dade Countv
Contract No. RFP 683
Notes:
1. All purchases under this Contract is subject to the County's User Access Program as specified in Article
40 of the Contract.
2. According to Section 2-1076 of the Code of Miami-Dade County, as amended by Ordinance No., 99.;e3,
Miami-Dade 90unty has established the Office of the Inspector General which may, on a random basis,
perform audits on aU County contracts, throughout the duration of said contracts, except as otherwise
indicated. The cost of the audit, if applicable, shall be one quarter (1/4) of one (1) percent of the total
contract amount and the cost shall be included in any proposed ,price. '
3. All out-of-pocket expenses, inclUding employee travel, per diem, and miscellaneous costs and fees, are
included in the Contractor's price, as the County shall not reimburse them separately.
4. All prices are quoted F.O.B. Destination, freight allowed. All fuel shall remain property of the Contractor
until accepted and signed for by an authorized County representative.
5. Back ordered fuel shall not be invoiced until such backorders are delivered and accepted by an
authorized County representative.
6. Miami-Dade County is exempt from all sales and excise taxes (Federal, State, and Local). Tax Exemption,
Certificate furnished upon request.
7. The "Differential Per Gallon" shall be fixed for the initial term of the contract and for any option or
extension periods.
3
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, I
SAMPLE INVOICE
Appendix C
INVOICE #:
INVOICE DATE:
SHIP TO:
REMIT TO:
BILL TO:
FEIN:
ACCOUNT #
Order #
PO#
DIESEUGASOLlNE
PLATTS DAILY PRICING
DIFFERENTIAL (PER GALLON)
TOTAL PRICE PER GALLON
UNIT
UNIT COST
$2.00
0.3554
$2.3554
GALLONS SUPPLIED
7000
0.160000
0.001000
0.001250
0.149000
0.020714
16,487.80
$ 16,487.80
329.76
41.22
1,120.00
7.00
8.75
1,043.00
145.00
8.31
$ 2,703.03
$19.190.83
TAXES & FEES
MIAMI-DADE USER ACCESS FEE (2% OF TOTAL FUEL COST X GALLONS)
MIAMI-DADE INSP. GEN. FEE (.25% OF OF TOTAL FUEL COST X GALLONS)
MIAMI-DADE CO GAS TAX
FED EXC LUST GOvr TA
FL INSPECTION FEE
FL MTR FUEL TAX
FL POLLUTION TAX
FED ENV REC FEE
TOTAL FUEL COST
TOTAL TAXES & FEES
INVOICE TOTAL
TOTAL FUEL COST + TAXES & FEES
s\~
Contract No. RFP683
Attachment: A
FUEL TANKS - CAPACITIES AND LOCATIONS
Aviation Department: Gasoline and Diesel Fuel
14410 NW 44 ST 10000 ABOVEGROUND Unleaded Gas
14410 NW 44TH ST 5200 ABOVEGROUND Vehicular Diesel
28700 SW 217TH AVE 4000 ABOVEGROUND Vehicular Diesel
SW OF SW 127TH ST & SW l45TH AVE 4000 ABOVEGROUND Unleaded Gas
CONCOURSE E FUELING - MIA INTL ARPT 12000 UNDERGROUND Unleaded Gas
CONCOURSE E FUELING - MIA INTL ARPT 12000 UNDERGROUND Unleaded Gas
CONCOURSE E FUELING - MIA INTI. ARPT 4000 UNDERGROUND Vehicular Diesel
CONCOURSE E FUELING - MIA INTL ARPT 12000 UNDERGROUND Vehicular Diesel
4290 NW S T AMIAMI CANAL 12000 ABOVEGROUND Vehicular Diesel
ELEC VAULT MIAMI INTI. AIRPORT 4000 ABOVEGROUND Vehicular Diesel
28700 SW 217 AVE 550 ABOVEGROUND Emergency Generator Diesel
28700 SW 217 AVE 550 ABOVEGROUND Emergency Generator Diesel
28700 SW 217 AVE 550 ABOVEGROUND Emergency Generator Diesel
28700 SW217TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
757 STNAZAIRE 2000 ABOVEGROUND Emergency Generator Diesel
MIAMI INTL AIRPORT BLDG 600 2000 ABOVEGROUND Emergency Generator Diesel
LIFf STATION #69 550 UNDERGROUND Emergency Generator Diesel
BLDG 3090 4000 ABOVEGROUND Emergency Generator Diesel
5300 NW 36TH ST #BLDG 60A 2000 UNDERGROUND Emergency Generator Diesel
FLAMINGO GARAGE 3000 ABOVEGROUND Emergency Generator Diesel
BLDG 2201 - MIA INTL ARPT 2000 UNDERGROUND Emergency Generator Diesel
CONCOBRSE FLOC L 2000 ABOVEGROUND Emergency Generator Diesel
CONCOURSE E LOCATION M 20.00 ABOVEGROUND Emergency Generator Diesel
CONCOURSE H GATE 11/15 5000 UNDERGROUND Emergency Generator Diesel
NEW REPUMP #2 2000 ABOVEGROUND Emergency Generator Diesel
BLDG#700 - LIFT STAT #68 550 UNDERGROUND Emergency Generator Diesel
CONCOURSE DIE 2000 ABOVEGROUND Emergency Generator Diesel
CONCOURSE DIE 2000 ABOVEGROUND Emergency Generator Diesel
MIA-CONCOURSE D 8000 UNDERGROUND Emergency. Generator Diesel
MIA-CONCOURSE D 8000 UNDERGROUND Emergency Generator Diesel
CONCOURSE E 2500 UNDERGROUND Emergency Generator Diesel
CONCOURSE FIG WRAP 2000 UNDERGROUND Emergency Generator Diesel
ELEC VAULT MIAMI INTI. AIRPORT 4000 ABOVEGROUND Emergency Generator Diesel
BLDG #5 MIAMI INTL AIRPORT 2000 ABOVEGROUND Emergency Generator Diesel
TERMINAL EXT MIAMI INTL AIRPORT 2500 UNDERGROUND Emergency Generator Diesel
BLDG #176 OPA LOCKA AIRPORT 4000 ABOVEGROUND Emergency Generator Diesel
BLDG 33 500 ABOVEGROUND Emergency Generator Diesel
BLDG 33 500 ABOVEGROUND Emergency Generator Diesel
12800 SW 137TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
S.' ~
Contract No. RFP683
Corrections Department: Diesel Fuel
7000 NW 41 ST
1321 NW 13TH ST
1321 NW 13TH ST
1401 NW 7TH AVE
15801 N HWY 9
UNDERGROUND Vehicular Diesel
UNDERGROUND Erne ency Generator Diesel
ABOVEGROUND Erne ency Generator Diesel
ABOVEGROUND Emer enc Generator Diesel
ABOVEGROUND Generator/Pum Diesel
Fire Rescue Department: Diesel Fuel
46 10200NW 116T~ WAY 2000 ABOVEGROUND Vehicular Diesel
21 10500 COLLINS AVE 2000 ABOVEGROUND Vehicular Diesel
37 4200 SW 142ND AVE 2000 ABOVEGROUND Vehicular Diesel
4 9201 SW 152ND ST 2000 ABOVEGROUND Vehicular Diesel
16 325 NW 2ND ST 2000 ABOVEGROUND Vehicular Diesel
23 7825 SW 104TH ST 2000 ABOVEGROUND Vehicular Diesel
44 7700 NW 186TH ST 2000 ABOVEGROUND. Vehicular Diesel
Supply Bureau 8010 NW 60TH ST 1000 ABOVEGROUND, Vehicular Diesel
43 13390 SW 152TH ST 2000 ABOVEGROUND Vehicular Diesel
11 18705 NW 27TH AVE 2000 ABOVEGROUND Vehicular Diesel
19 650NW 131sTST 2000 ABOVEGROUND Vehicular Diesel
20 13000 NE 16TH AVE 2000 ABOVEGROUND Vehicular Diesel
29 351 SW 107TH AVE 2000 ABOVEGROUND Vehicular Diesel
36 10001 HAMMOCKS BLVD 1000 ABOVEGROUND Vehicular Diesel
6 15890 SW 288TH ST 2000 ,ABOVEGROUND 'Vehicular Diesel
7 9350 NW 22ND AVE 2000 ABOVEGROUND Vehicular Diesel
8 2900 A VENTURA BLVD 2000 ABOVEGROUND Vehicular Diesel
HQ Emergency
9300 NW 41ST ST 12000 ABOVEGROUND Generator Diesel
HQ 9300 NW 41ST ST Emergency
12000 ABOVEGROUND Generator Diesel
HQ Emergency
9300 NW 41ST ST 1'2000 ABOVEGROUND Generator Diesel
9 7777 SW 117TH AVE 2000 ABOVEGROUND Vehicular Diesel
HQ 9300 NW 41ST ST 3000 ABOVEGROUND Vehicular Diesel
GSAJFIeet Management: Gasoline and Diesel Fuel
2950 NW 83RD ST
8801 NW 58TH ST
8801 NW 58TH ST
10000
10000
12000
UNDERGROUND
ABOVEGROUND
ABOVEGROUND
Unleaded Gas
Unleaded Gas
Vehicular Diesel
2
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Contract No. RFP683
8801 NW 58TH ST 12000 ABOVEGROUND Vehicular Diesel
703 NW 25TH ST 12000 UNDERGROUND Unleaded Gas
703 NW 25TH ST 12000 UNDERGROUND Unleaded Gas
7900 SW 107TH AVE 10000 UNDERGROUND Unleaded Gas
7900 SW 107TH AVE 12000 UNDERGROUND Vehicular Diesel
7900 SW 107TH AVE 12000 UNDERGROUND Vehicular Diesel
7707 SW 117TH AVE 12000 UNDERGROUND Unleaded Gas
12451 SW 184TH ST 8000 UNDERGROUND Unleaded Gas
12451 SW 184TH ST 8000 UNDERGROUND Unleaded Gas
12451 SW 184TH ST 8000 UNDERGROUND Unleaded Gas
12451 SW I 84TH ST 8000 UNDERGROUND Vehicular Diesel
201 NW 1ST ST 12000 UNDERGROUND Unleaded Gas
201 NW 1ST ST 12000 UNDERGROUND Unleaded Gas
15665 BISCA YNE BLVD 12000 UNDERGROUND Unleaded Gas
18701 NE 6 AVE 12000 UNDERGROUND Unleaded Gas
18701 NE 6 AVE 12000 UNDERGROUND Vehicular Diesel
18701 NE6AVE 12000 UNDERGROUND Vehicu]ar Diese]
10710 SW211TH ST 12000 UNDERGROUND Unleaded Gas
10710 SW 211TH ST 12000 UNDERGROUND Unleaded Gas
10710 SW 211TH ST 12000 UNDERGROUND Vehicular Diesel
7l00NW 36TH ST 12000 UNDERGROUND Unleaded Gas
7100 NW 36TH ST 12000 UNDERGROUND Vehicular Diesel
21300 NW 47TH AVE 7500 ABOVEGROUND Vehicular Diese]
21300 NW 47TH AVE 7500 ABOVEGROUND Vehicular Diesel
9109 NW 25TH ST 12000 UNDERGROUND Unleaded Gas
9109 NW 25TH ST 12000 UNDERGROUND Unleaded Gas
10000 SW 142ND AVE 12000 UNDERGROUND Unleaded Gas
7901 CRANDON BLVD 4000 UNDERGROUND Unleaded Gas
7901 CRANDONBLVD 10000 UNDERGROUND Unleaded Gas
7901 CRANDON BLVD 4000 UNDERGROUND Vehicular Diesel
18805 NW 27TH AVE 12000 UNDERGROUND Unleaded Gas
6100 SW 87TH AVE ' 15000 UNDERGROUND Unleaded Gas
6100 SW 87TH AVE 15000 UNDERGROUND Unleaded Gas
6100 SW 87TH AVE 15000 UNDERGROUND Vehicular Diesel
200 W 74TH PL 10000 UNDERGROUND Unleaded Gas
200 W 74TH PL 10000 UNDERGROUND Unleaded Gas
200 W 74TH PL 10000 UNDERGROUND Vehicular Diesel
1001 NW 11TH ST 10000 UNDERGROUND Unleaded Gas
1001 NW 11TH ST 6000 UNDERGROUND Vehicular Diesel
3575 S LEJEUNE RD 6000 UNDERGROUND Unleaded Gas
4801 SW 117TH AVE 12000 UNDERGROUND Unleaded Gas
4801 SW 117TH AVE 12000 UNDERGROUND Vehicu]ar Diesel
2575 NE 151ST ST 6000 ABOVEGROUND Unleaded Gas
3625 NW 10TH AVE 10000 ABOVEGROUND Unleaded Gas
800 W 3RD AVE 10000 UNDERGROUND Unleaded Gas
8950 SW 232ND ST 6000 UNDERGROUND Unleaded Gas
8950 SW 232ND ST 6000 UNDERGROUND Vehicular Diese]
4300 NW 20TH ST BLDG 3042 ]0000 ABOVEGROUND Unleaded Gas
3
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Contract No. RFP683
4300 NW 20TI! ST BLDG 3042 10000 ABOVEGROUND Unleaded Gas
4300 NW 20TI! ST BLDG 3042 10000 ABOVEGROUND Vehicular Diesel
5975 MIAMI LAKES DR 10000 UNDERGROUND Unleaded Gas
18805 NW 27TI! AVE 1000 UNDERGROuND Emergency Generator Diesel
VIRGINIA BCH RD-VIRGINIA KEY 6000 ABOVEGROUND Vehicular Diesel
VIRGINIA BCH RD-VIRGINIA KEY 6000 ABOVEGROUND Unleaded Gas
2575 NE 151sT ST 6000 ABOVEGROUND VehicuIar Diesel
1504 NORTH CARIBEAN BLVD 9000 ABOVEGROUND Unleaded Gas
1504 NORTH CARIBEAN BLVD 3000 ABOVEGROUND VehicuIar Diesel
Note: Fuel Deliveries to the Fleet Management Division shall be scheduled between the
hours of 7:00 AM and 3:00 PM, Mondays through Fridays.
GSNFacilities and Utilities: Diesel Fuel
2901 W FLAGLER ST
200 NW 1ST ST
175NW 1ST AVE
12600 NW 42ND AVE
1351 NW 12TH ST
270 NW 2 ST
5400 NW 22ND AVE
5680 SW 87TH AVE
II I NW 1ST ST-SUITE 1ST FLOOR
1801 NW 9TH AVE
ONE BOB HOPE RD
5600 SW 87TH AVE
9350 SW 248TH ST, WATER TREATMENT
2700 NW 87TI! AVE
73 W FLAGLER ST
1015N AMERICAN WAY
6010 SW 87TH AVE
500
6000
2500
550
8000
6000
2000
20000
15000
1000
5000
6000
3000
685
500
2500
2000
Housing Agencv: Diesel Fuel
ABOVEGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
ABOVEGROUND
UNDERGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
UNDERGROUND
UNDERGROUND
ABOVEGROUND
Erner eney Generator Diesel
Emergency Generator Diesel
Emer enc Generator Diesel
Emer ency Generator Diesel
Emer ency Generator Diesel
Emergency Generator Diesel
Emer ency Generator Diesel
Emergency Generator Diesel
Emergency Generator Diesel
Emer ene Generator Diesel
Emergenc Generator Diesel
Emergene Generator Diesel
Emer ene Generator Diesel
Emergene Generator Diesel
Erner eney Generator Diesel
Generator/Pump Diesel
Emergency Generator Diesel
2920 NW 18 AVE
800 NW 13TI! AVE
950 NW 95 TI! ST
1403/05 NW 7TI! ST
2200 NW 54 ST
3000 NW 3RD AVE
150 NE 69 ST.
191 NE 75 ST.
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
4
Emer enc Generator Diesel
Emergency Generator Diesel
Emer ene Generator Diesel
Erner enc Generator Diesel
Emergency Generator Diesel
Emergency Generator Diesel
Emergency Generator Diesel
Erner ene Generator Diesel
<3\6
Contract No. RFP683
8255 NW MIAMI CT. 1000 ABOVEGROUND Emergency Generator Diesel
930 NW 95TH ST 1000 ABOVEGROUND Emergency Generator Diesel
1310 NW 16 ST 1000 ABOVEGROUND Emergency Generator Diesel
1701 NW 2ND. Ct. 1000 ABOVEGROUND Emergency Generator Diesel
2929NW 18 AVE 670 ABOVEGROUND Emergency Generator Diesel
154 SW 17 AVE, 500 ABOVEGROUND Emergency Generator Diesel
1759 SW 5 St. 500 ABOVEGROuND Emergency Generator Diesel
800NW 13TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
490 NE 2ND AVE. 1000 ABOVEGROUND Emergency Generator Diesel
3150 MUNDY ST. 500 ABOVEGROUND Emergency Generator Diesel
150 NE 69 ST. 1000 ABOVEGROUND Emergency Generator Diesel
Transit Department: Gasoline and Diesel Fuel
3300 NW 32 AVE 10000 ABOVEGROUND Unleaded Gas
3300 NW 32ND AVE 12000 ABOVEGROUND Vehicular Diesel
3300 NW 32ND AVE 12000 ABOVEGROUND Vehicular Diesel
3300 NW 32ND AVE 12000 ABOVEGROUND Vehicular Diesel
3300NW32ND AVE 12000 ABOVEGROUND Vehicular Diesel
3300 NW 32ND AVE 12000 ABOVEGROUND Vehicular Diesel
2775 SW 74TH AVE 12000 ABOVEGROUND Vehicular Diesel
2775 SW74TH AVE 12000 ABOVEGROUND Vehicular Diesel
2775 SW74TH AVE 12000 ABOVEGROUND Vehicular Diesel
2775 SW 74TH AVE 12000 ABOVEGROUND Vehicular Diesel
2775 SW 74TH AVE 12000 ABOVEGROUND Vehicular Diesel
6601 NW nND AVE 10000 ABOVEGROUND Unleaded Gas
6601 NW 72ND AVE 10000 ABOVEGROUND Vehicular Diesel
360 NE 185 TH ST 4000 ABOVEGROUND Unleaded Gas
360 NE 185 TH ST 12000 ABOVEGROUND Vehicular Diesel
360 NE 185TH ST 12000 ABOVEGROUND Vehicular Diesel
360 NE 185TH ST 12000 ABOVEGROUND Vehicular Diesel
360NE 185TH ST 12000 ABOVEGROUND Vehicular Diesel
360 NE 185TH ST 12000 ABOVEGROUND Vehicular Diesel
3300 NW 32ND AVE 500 ABOVEGROUND Emer enc Generator Diesel
3300 NW 32ND AVE 500 ABOVEGROUND Emergenc Generator Diesel
3300 NW 32ND AVE 2000 ABOVEGROUND Emer ency Generator Diesel
2775 SW 74TH AVE 1000 ABOVEGROUND Emergenc Generator Diesel
2775 SW 74TH AVE 500 ABOVEGROUND Emergency Generator Diesel
360 NE 185 TH ST 1000 ABOVEGROUND Emer enc Generator Diesel
8300 S DIXIE HWY 550 UNDERGROUND Emer enc Generator Diesel
110 NW 3RD ST 5000 Emergency Generator Diesel
Note: Fuel Deliveries to the Transit Department shall be scheduled between the hours of
8:00 AM and 4:00 PM, Mondays through Saturdays.
5
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Police Department: Diesel Fuel
Contract No. RFP683
.~~~Ii2F~::i~?'~~-.T-~'r ;~:'~:.~ =;~~f:~,'~7B';~~%~~~r{~3~~~~FT~:~;,T~r:'?~~:~:~?~~}:~\?%~lJj
r,,~WL.,~"f'::",c<"'"'' "..,t \v.:.(,,-.:.e ~j,h).,- ""lU,, lcd,TI110J"" -, < .",,4f'{,h~L,'lU1.). > ",,' "J' :",<,.~;... '~:""'::F.",..,';'''b''''''':~'
"",,,,~~=~~L:;r~~ ~~.. . __l ~-..: ",",A~-~~""" ;;.~li.r. -"_ ~'j.':.I 'L-~~' A,~......,.... "L"'_.!l..-.:O!'~~.....,.'L~' .,.1I>:.l N ~ ',l!"<'''':''f.~_"--,-",-~""",,,~
--.-
9105 NW 25m AVE
6950 NW 41 ST ST
6950 NW 41ST ST
6950 NW 41ST ST
6950 NW 41ST ST
6950 NW 41sT ST
18805NW27TH AVE
6000
1000
1000
500
1000
500
4000
UNDERGROUND
ABOVEGROUND
ABOVEGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
UNDERGROUND
Emergency Generator Diesel
, Vehicular Diesel
Vehicular Diesel
Vehicular Diesel
Vehicular Diesel
Vehicular Diesel
Emergency Generator Diesel
Park and Recreation: Gasoline and Diesel Fuel
10901 SW 24m ST
10901 SW 24TH ST
6801 MIAMI GARDENS DR
6801 MIAMI GARDENS DR
17350 W DIXIE HWY
17350 WDIXIEHWY
6700 CRANDON BLVD
9300 SW 152ND ST
9300 SW 152ND ST
9300 SW 152ND ST
24801 SW 187TH AVE
11201 SW 24TH ST
11201'SW 24TH ST
1275 NE 79m ST
1275 NE 79TH ST
11395 SW 79TH ST
12400 SW 152ND ST
3251 S MIAMI AVE
550
550
1000
1000
1000
300
1000,
1000
280
280
300
1000
500
10000
10000
550
1000
2000
UNDERGROUND
UNDERGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
UNDERGROUND
UNDERGROUND
ABOVEGROUND
ABOVEGROUND
ABOVEGROUND
The Marinas Re-Sell Gasoline To The Public:
Leaded Gas
Vehicular Diesel
Unleaded Gas
Vehicular Diesel
Unleaded Gas
Vehicular Diesel
Vehicular Diesel
Unl~aded Gas
Vehicular Diesel
Vehicular Diesel
Vehicular Diesel
Unleaded Gas
Vehicular Diesel
Unleaded Gas
Vehicular Diesel
Emer enc Generator Diesel
Emergency Generator Diesel
Em enc Generator Diesel
Crandon Marina, 4000 Crandon Blvd.
Crandon Marina, 4000 Crandon Blvd.
Pelican Harbor Marina 1276 NE 79 St.
10000
10000
10000
6
Premium
Mid-Grade'
Mid-Grade
s\~
Contract No. RFP683
Water And Sewer: Diese!,Puel
10450 FOUNTAINBLEU BLVD 1000 ABOVEGROUND Vehicular Diesel
2201 NW70TH AVE 2000 UNDERGROUND Vehicular Diesel
4801 SW 117TH AVE 1000 UNDERGROUND Vehicular Diesel
4801 SW 117TH AVE 1000 UNDERGROUND VehicuIar Diesel
10075 NW 52NO ST 1000 ABOVEGROUND Emergency Generator Diesel
17435 NW 89TH AVE 1000 ABOVEGROUND Emergencv. Generator Diesel
VIRGINIA BCH RD- VIRGINIA KEY 6000 ABOVEGROUND Emergency Generator Diesel
VIRGINIA BCH RD-VIRGINIA KEY 6000 ABOVEGROUND Emergency Generator Diesel
VIRGINIA BCH RD- VIRGINIA KEY 25000 ABOVEGROUND Emergencv Generator Diesel
VIRGINIA BCH RD- VIRGINIA KEY 25000 ABOVEGROUND Emerl!encv Generator Diesel
VIRGlNIA BCH RD-VIRGINIA KEY 25000 ABOVEGROUND Emergency Generator Diesel
VIRGINIA BCH RD- VIRGINIA KEY 25000 ABOVEGROUND Emergency Generator Diesel
390 NW RIVER DR 25000 ABOVEGROUND Emerl!encv Generator Diesel
390 NW RIVER DR 25000 ABOVEGROUND Emerl!ency Generator Diesel
1001 NW 11TH ST 2000 ABOVEGROUND Emergency Generato'r Diesel
19500 SW 376TH ST 2000 ABOVEGROUND Emergency Generator Diesel
HAMMOCKS BLVD & SW 103RO ST 250. ABOVEOROUND Emergency Generator Diesel
6455 NW 7TH ST 550 UNDERGROUND GeneratorlPump Diesel
35250 SW 177TH COURT 2000 ABOVEGROUND Emergency Generator Diesel
461 NW 5TH AVE 6000 ABOVEGROUND Emergency Generator Diesel
IOI0I-A COASTA DEL SOL BLVD 500 ABOVEGROUND Emergencv Generator Diesel
6200 NW 32ND AVE 1000 ABOVEGROUND Emergency Generator Diesel
1530NW 111 THAVE 2000 ABOVEGROUND Emergencv Generator Diesel
18 FISHER ISLAND 1000 UNDERGROUND Emergency Generator Diesel
8324 NW 7TH ST 1000 UNDERGROUND Emergency Generator Diesel
7341 SW 6lsT CT 1000 ABOVEGROUND Emergency Generator Diesel
I NW BLVD 10000 ABOVEGROUND Emergency Generator Diesel
2400 NW 76TH ST 550 UNDERGROUND Emerl!encv Generator Diesel
925 BISCA YNE BLVD 10000 ABOVEGROUND Emergencv Generator Diesel
12700 NW 30TH AVE 10000 ABOVEGROUND Emenzencv Generator Diesel
12700 NW 30TH AVE 10000 ABOVEGROUND Emergency Generator Diesel
354 SUNNY ISLES BLVD 2000 ABOVEGROUND Emergencv Generator Diesel
17800 NW 29TH CT 1000 ABOVEGROUND Emerl!encY Generator Diesel
19400 NE 10 AVE 1000 ABOVEGROUND Emergency Generator Diesel
21411 NW 47TH AVE 500 ABOVEGROUND Emerl!encv Generator Diesel
19975 AVENTURABLVD 250 ABOVEGROUND Emergencv Generator Diesel
15000 NW 37TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
13760 NE 5TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
1825 NE 150 ST 2000 ABOVEGROUND Emergency Generator Diesel
5700 E 8TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
20901 NW 7TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
12400 NW 32NO AVE 1000 ABOVEGROUND Emergency Generator Diesel
13920 NW 60TH AVE 1000 ABOVEGROUND. Emergency Generator Diesel
7
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Contract No. RFP683
3750 NW 181ST ST 6000 ABOVEGROUND Emergency Generator Diesel
7301 NW 186TH ST 1000 ABOVEGROUND Emergency Generator Diesel
7900 NW 178 ST 1000 ABOVEGROUND, Emergency Generator Diesel
3300 W 76TH ST 4000 UNDERGROUND Emergency Generator Diesel
20215 NW 2ND AVE 1000 ABOVEGROUND Emergency Generator Diesel
3150 NW 208TH ST 1000 ABOVEGROUND Emergency Generator Diesel
2451 NE 203RD ST 1000 UNDERGROUND Emergency Generator Diesel
21101 NE28TH AVE 1000 UNDERGROUND Emergency Generator Diesel
19201 NE29TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
3801 SUNNY ISLE BLVD 2000 UNDERGROUND Emer~ency Generator Diesel
6452 MEDITERRANEAN BLVD 500. UNDERGROUND Emergency Generator Diesel
17902 NW MEDITERREAN BL VY 550 UNDERGROUND Emergency Generator Diesel
19091 NW 62ND AVE 500 UNDERGROUND Emergency Generator Diesel
16650 NE 79TH AVE 1000 UNDERGROUND Emergency Generator Diesel
3601 NE 207TH ST 1000 UNDERGROUND Emergency Generator Diesel
3650 NE 213 TH ST 1000 UNDERGROUND Emergency Generator Diesel
15700 NW 79TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
16547 NW 87TH AVE 1000 UNDERGROUND Emergency Generator Diesel
19802 NW 82ND PL 1000 UNDERGROUND Emergency Generator Diesel
10700 SW 147TH AVE 1000 UNDERGROUND Emergency Generator Diesel
14799 SW 117TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
18445 OLD CUTLER RD 2000 UNDERGROUND Emergency Generator Diesel
SW 117 AVE & 208 ST 6000 UNDERGROUND Emergency Generator Diesel
12650 SW 150TH ST 1000 UNDERGROUND Emergency Generator Diesel
6210 SW 128TH AVE 1000, ABOVEGROUND Emergency Generator Diesel
SW 142ND AVE & 92ND ST 1000 ABOVEGROUND Emergency Generator Diesel
8700 SW 95TH AVE 10000 ABOVEGROUND Emergency Generator Diesel
8700 SW 95TH AVE 10000 ABOVEGROUND Emergency Generator Diesel
8260 SW 97TH ST 3000 ABOVEGROUND Emergency Generator Diesel
17935 SW 104TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
19340 SW 112TH CT 500. ABOVEGROUND Emergency Generator Diesel
11380 SW 38TH ST 1000 ABOVEGROUND Emergency Generator Diesel
2545 SW 122ND CT 1000 ABOVEGROUND Emergency Generator Diesel
12480 SW 18TH ST 500 ABOVEGROUND Emergency Generator Diesel
1301 SW 122ND AVE 1000 ABOVEGROUND Emergency Generator Diesel
15550 SW 80TH ST 250 ABOVEGROUND Emergency Generator Diesel
1199 SW 134TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
15840 SW 127TH AVE 2000 ABOVEGROUND Emergency Generator Diesel
4801 SW 117TH AVE 500 ABOVEGROUND Emergency Generator Diesel
11991 SW 34HJ ST 500 ABOVEGROUND Emergency Generator Diesel
555 SE 8TH ST 6000 UNDERGROUND Emergency Generator Diesel
SW 147TH AVE & 304TH ST 6000 ABOVEGROUND Emergency Generator Diesel
10350 PUERTO RICO DR 1000 ABOVEGROUND Emergency Generator Diesel
2575 NE 15lsT ST 100000 ABOVEGROUND Emergency Generator Diesel
2575 NE 151sT ST 100000 ABOVEGROUND Emergency Generator Diesel
2575 NE 151ST ST 60.0.0 ABOVEGROUND Generator/Pump Diesel
2920.0 SW 142 ND AVE 2000 ABOVEGROUND Emergency Generator Diesel
8300 COMMERCE WAY 1000 UNDERGROUND Emergency Generator Diesel
8
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Contract No. RFP683
15225 HARDING DR 2000 ABOVEGROUND Emergency Generator Diesel
15800 SW 336TH ST 1000 ABOVEGROUND Emergency Generator Diesel
15800 SW 336TH ST 1000 ABOVEGROUND Emergency Generator Diesel
W 2ND & 75 PLACE 6000 ABOVEGROUND Emergency Generator Diesel
SW 107TH AVE & 72ND ST 6000 ABOVEGROUND Emergency Generator Diesel
8950 SW 232ND ST 25000 ABOVEGROUND Emergency Generator Diesel
8950 SW 232ND ST 25000 ABOVEGROUND Emergency Generator Diesel
8950 SW 232ND ST 25000 ABOVEGROUND Emergency Generator Diesel
8950 SW 232ND ST 2000 ABOVEGROUND Emergency Generator Diesel
8950 SW 232ND ST 25000 ABOVEGROUND. Emergency Generator Diesel
8950 SW 232ND ST 25000 ABOVEGROUND Emergency Generator Diesel
3880 NW 25TH ST 2500 UNDERGROUND Emergency Generator Diesel
21069 BISCA YNE BLVD 1000 ABOVEGROUND Emergency Generator Diesel
201 EASTWOOD DR 1000 UNDERGROUND Emergency Generator Diesel
18820NE 29TH AVE 1000 ABOVEGROUND Emergency Generator Diesel
390 NW NORTH RIVER DRIVE 30000 ABOVEGROUND Emergency Generator Diesel
700 WEST SECOND AVENUE 5500 Emergency Generator Diesel
331 NE 9TH STREET 6000 Emergency Generator Diesel
1100 WEST SECOND AVENUE 200000 ABOVEGROUND ' Emergency Generator Diesel
.6800 SW 87 AVENUE 360000 ABOVEGROUND Emergency Generator Diesel
9775 SW 83RD STREET 12000 ABOVEGROUND Emergency Generator Diesel
900 W 2ND AVENUE 200000 ABOVEGROUND Emergency Generator Diesel
RICHMOND HEIGHTS 500 Emergency Generator Diesel
STATION #968 lObO Emergency Generator Diesel
GOULDSPERRINE 8000 Emergency Generator Diesel
8901 SW 58TH STREET 14000 ABOVEGROUND Emergency Generator Diesel
DADE COLDER TRAIN & TRANSI 5000 Emergency Generator Diesel
NW 107 & 12 STREET 500 Emergency Generator Diesel
10105 COST A DEL SOL BLVD 550 Emergency Generator Diesel
9
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CONTRACT AWARD SHEET
DEPARTMENT OF PROCUREMENT MANAGEMENT
Bid No, RFP683
Award Sheet
RFP Unit DIVISION
BID NO.: RFP683
TITLE: GASOLINE AND DIESEL FUEL
CURRENT CONTRACT PERIOD: 04/05/2010
Total # ofOTRs: 5
PREVIOUS BID NO.: 3143-9/18-1
through 03/31/2013
MODIFICA TION HISTORY
Bid No, RFP683
Award Sheet
DPM Notes
APPLICABLE ORDINANCES
LIVING WAGE: No UAP: Yes IG: Yes
OTHER APPLICABLE ORDINANCES:
CONTRACT AWARD INFORMATION:
No Local Preference No Micro Enterprise No Full Federal Funding No Performance Bond
No Small Business Enterprise (SBE) Yes PTP Funds No Partial Federal Funding Yes Insurance
Miscellaneous:
I REQUISITION NO.: RQPM0900098 I
PROCUREMENT AGENT:
PHONE: 305 375-4211
GONZALEZ, AMADO
FAX: 305 375-5688
EMAIL: GONZAAM@MIAMIDADE,GOV
DEPARTMENT OF PROCUREMENT MANAGEMENT
RFP Unit DIVISION
Page 10f3
S\,3
VENDOR NAME: MACMILLAN OIL COMPANY OF FLORIDA INC
DBA:
FEIN: 590648243 SUFFIX: 01 33013
STREET: 2955 E II TH A VENUE CITY: HIALEAH ST: FL ZIP:
FOB_TERMS: DEST-P DELIVERY:
PA YMENT TERMS: NET TOLL PHONE: -
WENDOR INFORMATION:
CERTIFIED VENDOR ASSIGNED MEASURES
,,"oeal Vendor: No SBE No Set Aside No Bid Pref. No
iMicro Ent. No Selection Factor Yes Goal No
Other: Vendor Record Verified? Yes
.0\: 0\:'" "'........ "" ""111. 11I.0\:...... 0\:... "'. 11I.0\: 0\: 0\:'" Jill....... 0\: "" 0\: 0\: "'... II 1\ 0\: 0\: 0\: 0\:...... III all............ III III Ill. or.. 0\: "" *. III all 0\:.'"
Vendor Contacts:
Name Phone 1 Phone2 Fax Email Address
AMANCIO ALONSO 305-691-7814 - 305-693-1880 william@macmillanoil.net
Bid No, RFP683
Award Sheet
Details:
RFP683
ITEMS A WARDED Section:
Isee attached contract and road map for details.
I
Item # Description Q!y Unit Priee
End of ITEMS A WARDED Section
AWARD INFORMATION Section
BCC Award: Yes
BCC Date: 03/02/2010
DPM Award:
DPM Date:
No
12/23/2009
Contract Amount: $ 402,566,000.00
Additional Items Allowed: Agenda Item No.: (80U)
Special Conditions:
DEPARTMENT OF PROCUREMENT MANAGEMENT
RFP Unit DIVISION
Page 2 of3
s,e
Bid No. RFP683
Award Sheet
BPO INFORMATION Section:
BPO ID :
ABCW1000625
----------- Commodities Info -------------
----------- Department Info ----------
Code
405-09
Description
FUEL OIL, DIESEL
Department Id Dollar Allocations
A V***- $2,700,000.00
C R...... $180,000.00
FR-***-- $5,250,000.00
GS...... $189,000,000.00
HD...... $165,000.00
MT**-. $153,000,000.00
PD..."- $600,000.00
PR-- $9,000,000.00
S P****** $525,000.00
vZ"""... $26,000.00
WS****** $42,120,000.00
End of BPO Information Section
DEPARTMENT OF PROCUREMENT MANAGEMENT
RFP Unit DIVISION
Page 3 of3
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