Addenda 1 RFP-DEM-24-25-018 Emergency Fuels.pdf

Ron DeSantis, Governor Kevin Guthrie, Executive Director

D I V I S I O N H E A D Q U A R T E R S Telephone: 850-815-4000 S T A T E L O G I S T I C S R E S P O N S E C E N T E R 2 5 5 5 S h u m a r d O a k B o u l e v a r d www.FloridaDisaster.org 2 7 0 2 D i r ec t o rs R o w T a l l a h a s s e e , F L 3 2 3 9 9 - 2 1 0 0 O r la n d o , F L 3 2 8 0 9 - 5 6 3 1

DATE: May 1, 2025

SOLICITATION NUMBER: RFP-DEM-24-25-018

SOLICITATION TITLE: Emergency Fuels

ADDENDA NUMBER: 1

EFFECTS: Provides answers to written questions and to Revise the Scope of Work.

This addendum serves as notice of amended sections of pages from the original Request for Proposal (RFP) document. All other terms and conditions of the RFP remain unchanged. This addendum should be acknowledged by Vendors utilizing Form 7, Addendum Acknowledgement, and should be submitted with your Proposal.

All written questions are reproduced in the same format as submitted by the Vendor.

Question Number

Question

Question #1 Section 4.3 Vendor Resources page 24 and Section 1.7 Definitions line item 0 on page 7.

The Vendor Resources Section 4.3 allows for a maximum score based on 10 units of Mobile Fueling Tanker (Station)/Trailer. The provided definition in 1.7 - 0 is as follows: "Dual-walled tank with minimum fuel capacity of 8,000 gallons. Tank includes a self-contained power source, the ability to dispense gasoline and diesel simultaneously, four (4) to eight (8) high volume vehicle fueling points, a portable spill containment berm, spill response kit and fire extinguisher". The units historically utilized in this application have been based on a mobile platform that utilizes a single-wall tank arrangement for ease of rapid deployment and retreat versus heavy equipment for placement and removal. Is the dual-walled tank arrangement requested in error as it dramatically reduces optionality and mobility?

Answer #1 The Mobile Fueling Tanker (Station)/Trailer asset would not require dual-walled tanks.

Question #2 Attachment A Scope of Work section K Invoicing pg 37 and Attachment B Price Proposal pages 40-44.

There is reference made to work rates vs reserve rates. This is the only section referencing this information and there is no acknowledgment of any rate differentials on any of the Price Proposal documents. It is not feasible to support a pricing differential for active vs reserve and asset statuses will be continually fluid. What is the intent of this language?

Answer #2 Page 37, K. Invoicing, the following language will be stricken from the Proposal.

“All reserve rates are calculated based on the physical staging of equipment as instructed by the Agency and specified on a purchase order. Work rates shall not be invoiced for items on reserve/standby.”

A Revised Scope of Work will be attached to Addenda 1.

http://www.floridadisaster.org/

Question Number

Question

Question #3 Attachment A Scope of Work section K Invoicing pg 37.

Reference is made to the State of Florida payment timeline standard being 40 days, but this can be extended by Executive order in times of emergency. Contractors are directed to have sufficient funds to carry related costs and expenses for a minimum period of 90 days. Does this infer that terms would in effect be extended by EO to net-90 or that terms can be rendered irrelevant by EO?

Answer #3 Yes.

Question #4 Attachment A Scope of Work Fuel Types page 29 and Types of Resources page 30.

Propane Fuel and Propane Truck are referred to in the Fuel Types and Types of Resources pages but are not reflected in the Vendor Resources scoring portion or Price Proposal documents. Being that propane has been a critical component of past responses, is this an omission or are propane capabilities no longer considered a required component of the response package?

Answer #4 Propane is a critical component to response operations but was omitted from the scoring portion of resources because the items in the scoring are resources that are more prone to experiencing issues in quantity.

Question #5 Section 3.9: Ability to Obtain a Performance Bond - "Surety Bond and Performance Bond is required. The Surety Bond is initially for $5M and will be increased to an amount that matches the “total value of the Agreement”". Pages 22-23.

Can you clarify what constitutes the total value of the agreement for the purposes of calculating the Surety Bond?

Answer #5 A Surety Bond is not required for this Proposal. Required for this Proposal is the ability to obtain a Performance Bond for a minimum of $5 million and shall be written on letterhead of the surety company or bonding agent that documents the Respondent’s present ability to obtain a performance bond. The letter must be current and applicable to this RFP and the State of Florida.

During an event it will be required for the awarded Contractor to provide a Performance Bond no later than 30 days after the first purchase order issuance. The Agency will notify the Contractor of the required amount of the bond, which will be a percentage of the total amount of purchase orders issued within the first 30 days.

From notice of bond amount, Contractor shall deliver to the Agency's Contract Manager, the Performance Bond, or Irrevocable Letter of Credit within 45 days. The bond or letter of credit shall be used to guarantee at least satisfactory performance by Contractor throughout the term of the contract (including renewal years). At any time after contract execution, the Contractor's bond may be reduced, or the requirement removed, for the remainder of the term (including any renewal periods).

Attachment D – FDEM Contractual Service Agreement is a sample of the contract, not the contract itself.

Question #6 Resources, pages 29-31 Can you clarify when assets no longer become billable (e.g., is it 48H after they are sent away)?

Answer #6 Assets are no longer billable when the vendor is notified by the Agency to demobilize.

Question #7 Section 6/ Attachment D/ page 56 Is the flat amount $5MM surety bond mentioned in Section 6/ Attachment D/ page 56 a requirement to perform any work awarded by this solicitation? Please be

Question advised that the surety bond is not mentioned in subsequent sections of RFP to include Section 3.9 in which a performance bond was specifically mentioned.

Answer #7 See answer #5.

Question #8 Section 6/ Attachment D/ page 56 Can you justify the costs associated with obtaining a $5MM surety bond when there are no volume commitments with this solicitation? These will ultimately be costs that we need to include when preparing our bid proposal.

Answer #8 See answer #5.

Question #9 Section 3/ para. 9/ page 22 Is the performance bond a flat amount of $5MM or will it "be a percentage of the total amount of purchase orders issued within the first 30 days" as mentioned in Section 3/ para. 9/ page 22?

Answer #9 See Answer #5.

Question #10 Section 3/ para. 9/ page 22 Can you justify the costs associated with obtaining a $5MM performance bond when there are no volume commitments with this solicitation? These will ultimately be costs that we need to include when preparing our bid proposal.

Answer #10 See Answer #5.

Question #11 Section 6/ Attachment A/ page 31 Will FDEM consider vendors for this solicitation that are not willing to offer all of the resources necessary to satisfy this requirement mentioned in Section 6/ Attachment A/ page 31 "Contractors must be able to mobilize a minimum of 20 Bobtail Trucks and/or Transport Tanker Trailer Trucks within 24 hours of the Agency’s request.

Contractors must also be able to provide 100 Bobtail Trucks and/or Transport Tanker Trailer Trucks within 7 days of the Agency’s request"?

Answer #11 This is a required expectation/contract deliverable for any awarded vendor.

Question #12 Section 6/ Attachment B/ page 41 What index or benchmark is being used in the fuel pricing formula with "fixed price mark-up"?

Answer #12 Fuel pricing will be invoiced at actual expense plus the “fixed price mark-up”.

Question #13 Section 6/ Attachment D/ page 54 Will state and local agencies provide tax exemption certificates proactively upon award or wait until an emergency to contact awarded vendor?

Answer #13 We will work with awarded vendors to provide tax exemption certificates at the request of the awarded vendors.

Question #14 Section 5/ beg. on page 24 Has this bid been awarded in the past? If so, who were the awarded vendors? Do you have bid tabulations to provide?

Answer #14 Yes, Emergency Fuels has been awarded in the past. Any other information will need to have a Public Records Request (records@em.myflorida.com).

Question #15 Section 1/ 1.3 / page 5 When will the bid tabulations be provided to bidders that submitted a proposal?

Question

Answer #15 The Notice of Intent to Award will include a scoring summary. Any other information will need to have a Public Records Request (records@em.myflorida.com).

Question #16 Attachment A/ Page 37 What will the preferred method of payment be to awarded vendor(s)?

Answer #16 Any payments to Vendors are based on how that Vendor is set up in the Vendor Information Portal (VIP), MyFloridaMarketPlace (MFMP). i.e. check or EFT.

Question #17 Price Proposal sheets beg. on page 40 Is bidder required to complete all resource descriptions with prices, or will bidder be considered nonresponsive?

Answer #17 See section 3.6 Price Proposal – Volume Three Requirements.

“Respondents shall download Attachment B, Price Proposal, and include pricing for all cells. Failure to provide pricing in each cell shall deem the vendors’ Price Proposal non-responsive.”

Attachment A Revise Scope of Work

Emergency Fuels

Purpose The purpose of this Request for Proposals (RFP) is to establish Emergency Fueling Contract(s) through competitive solicitation. Awarded Contractors will provide the Florida Division of Emergency Management, herein referred to as the “Agency” or “FDEM”, with materials, services, and personnel resources during emergencies and disasters.

Natural and man-made disasters can and will impact fuel availability and delivery within the State. This emergency fuel contract is used to meet short and long-term distribution system disruptions for response to said disasters.

The Agency, along with various other state agencies, may require additional resources to support response operations, fuel depots, generator locations, and State Logistical Staging Areas (LSAs). It is critical that these support operations are operational immediately upon request by the Agency.

The Agency intends to award multiple contracts to qualified Vendors who meet the terms and conditions of this RFP. Awarded Contractors will work at the sole direction of the Agency. Contracts will be issued with no guaranteed quantity of requested services. The usage of this Contract is wholly dependent upon the Agency’s needs at the time of an emergency.

The Agency is seeking Contractors to provide fuels and fuel related services in the state of Florida.

Term The initial term will begin on the execution date of the Contract and shall be for three years, unless terminated earlier in accordance with the Contract conditions. Upon mutual written agreement, the Parties may renew the Contract in whole or in accordance with section 287.057(14), Florida Statutes.

Initial term pricing must remain identical from year one through year three. If the contract is renewed, it will be renewed at the price outlined in Attachment B Price Proposal.

Contracts will be issued with no guaranteed quantity of requested materials, services, or contract renewal. The use of this contract is wholly dependent upon the needs of the Agency at the time of an emergency or disaster.

Types of Events The Agency is seeking Contractors capable of responding to a wide range of emergencies and disasters including, but not limited to:

• Pandemics

• Floods

• Tropical Cyclones

• Severe Storms

• Wildfires

• Erosion

• Droughts

• Extreme Heat

• Geological Incidents

• Winter Storms

• Seismic Incidents

• Tsunamis

• Transportation Incidents

• Cyber Incidents

• Technological Hazards

• Hazardous Materials Incidents

• Space Weather Incidents

• Radiological Incidents

• Terrorism

• Agricultural Disruptions

• Biological Incidents

• Mass Migration Incidents

• Civil Disturbance Incidents

• Planned Events

• Other Incidents

Considerations Contractors must have availability of and experience with a wide variety of emergency response and recovery resources.

Awarded Contractors are responsible for delivering all goods and services in an efficient and timely manner, corresponding to the needs of the emergency or disaster as requested by the Agency.

Agency Contact Contract Manager & State Emergency Support Function 19 Fuels Emergency Coordinating Officer Name: Richard Brown Email: Richard.Brown@em.myflorida.com Phone Number: (850) 443-3625

General Information Contractors shall provide all services described herein which consist of providing fuel, manpower for equipment, logistics support and emergency spot fueling. All services performed under this contract shall be conducted in accordance with all applicable Federal and State laws, and environmental regulations.

The service period will begin and end upon written authorization by the Agency. No guarantee of minimum or maximum quantities is made by the Agency under terms of this solicitation.

The Agency, at its sole discretion, may elect to perform work with additional contract forces at any time.

Contractors, and all sub-contractors, shall not provide any information to the media without the written permission of the State Emergency Support Function 19-Fuels Emergency Coordinating Officer Contact. This includes on-site interviews requested from any media outlet. Contractors shall disseminate this guidance to all employees and sub-contractors.

Fuel Types Contractors must provide gasoline, diesel, aviation and marine fuels, propane, and Diesel Exhaust Fluid (DEF) as requested. All gasoline and diesel fuel shall be provided in accordance with Chapter 5J-21, F.A.C. Motor Fuel Specifications and Standards. unless fuel waivers have been issued by the federal government and the state of Florida.

• Gasoline fuel shall have a minimum octane rating of 87.0 for regular unleaded gasoline and meet FDACS specifications. (Note: Missions may require higher octane level and may be requested by the Agency)

• Diesel fuel shall be rated No. 2 grade and meet FDACS specifications

• Aviation fuel shall meet Jet A specifications or AvGas (100 octane) with single point refueling and over the wing offload capability. Aviation fuel must pass the IAW UFC 3-460-03 standard for testing/water contamination sampling capability

• Marine fuel shall be non-ethanol unleaded gasoline with a minimum octane rating of 87.0

• Diesel Exhaust Fluid (DEF) shall meet the International Organization for Standardization (ISO) standard 22241

Resources Contractors must provide all resources, and the appropriately licensed personnel required to drive and operate the resources.

At a minimum, Contractors must have the following resources:

Types of Resources Resources Requiring USDOT Company Snapshot Bobtail Fuel Truck

A multi-compartment straight truck with a combined minimum storage of 1,000 gallons and equipped with a driver and Pumping System for gas or diesel.

Transport Tanker Trailer Truck

A truck tractor and tanker trailer with a minimum capacity of 8,500 gallons used for hauling fuel and equipped with a driver and Pumping System capable of refueling an above ground bulk fuel tank.

Mobile Fueling Station

A trailer tanker equipped with dual-walled tank(s) with a minimum fuel storage capacity of 8,500 gallons with a self-contained power source and separate Pumping System for gas and diesel and equipped with a minimum of 8 fueling points.

High Water Vehicle

All-terrain vehicle with two fuel tanks each containing a minimum storage capacity of 250 gallons capable of hauling gasoline and diesel with a Pumping System.

Propane Truck A specialized vehicle to deliver propane with a minimum storage of 1,000 gallons with a Pumping System.

Resources Not Requiring USDOT Company Snapshot Aviation Fuel Truck

A truck capable of transporting aviation fuels and perform fueling operations for aircraft including airplanes and helicopters.

Mini-Mobile Fueling Station

A trailer mounted dual-walled tank(s) with a minimum total storage capacity of 500 gallons with a self-contained power source and separate Pumping System for gas and diesel and equipped with a minimum of 2 fueling points.

Portable Fuel Storage Tank

A dual-walled fuel tank used for temporary or portable storage of fuel with a minimum storage capacity of 300 gallons of fuel and equipped with a Pumping System.

Double Wall Frac Tank

A dual-walled fuel tank used for temporary storage of fuel with a minimum storage capacity 16,000 gallons of fuel and equipped with a Pumping System.

Pumping System

A fuel transfer pump equipped with fuel hoses, reels, nozzles, fuel filters, and meters and capable of dispensing fuel to individual passenger vehicles and heavy equipment at a minimum of 18 gallons per minute.

Temporary Emergency Retail Station

A fixed location capable of providing citizens of gasoline and diesel, accept payments (cash and credit), and provide receipts for transactions and to track all fuel transactions for the Agency. The Agency would assume the costs for everything except the fuel (paid by customers) and applicable taxes associated with fuel.

Note: When calculating number of resources, Contractors should include all Vendor owned and sub-contractor owned resources. All fueling points must have meter registers.

Note: All fuel storage tanks shall be movable, above ground, double walled and come with pump, gauge for inventory level purposes, hose and nozzle for dispensing fuel. Tanks shall meet National Fire Protection Association (NFPA) Code 30. Proof of compliance may be requested.

Contractors must be able to mobilize a minimum of 20 Bobtail Trucks and/or Transport Tanker Trailer Trucks within 24 hours of the Agency’s request. Contractors must also be able to provide 100 Bobtail Trucks and/or Transport Tanker Trailer Trucks within 7 days of the Agency’s request. Contractors must be able to mobilize other resources within 24 hours of the Agency’s request.

The Agency will notify Contractors when resources are no longer needed. All non-mobile resources must be removed from the field within 48 hours of the Agency’s request.

Personnel Contractors must provide the following personnel:

Title Description

Driver / Operator To operate mobile resources. Costs for driver / operator will be included in the rental rate for the mobile resources.

Laborer/Other Personnel to setup, install, operate and maintain resources.

Note: Rate(s) for personnel must be all inclusive of travel, lodging and per diem.

Tasks A. Continuous Liaison with the Agency Beginning on the contract date of execution, and at no additional cost to the Agency, the Contractor shall be continuously available to the Agency’s representatives for response to requests for information, receipt of delivery orders, discussion of contract performance, and other contract administration activities. To fulfill this requirement, within 30 days of receipt of the Notice of Award of this contract, the Contractor shall submit the following information to the Contract Manager by email:

• Name, job title, and contact information for both business and non-business hours of at least one senior manager within the Contractor’s organization and a minimum of one similarly qualified alternate, available 24 hours a day, 7 days a week (24-7) to serve as a continuously available liaison to the Agency.

• Organizational chart displaying lines of authorities and assigned responsibilities within the Contractor's organization relative to the performance and administration of the contract. The organizational chart shall include names, position/job titles, contact information for both business and non-business hours, and a description of each person's responsibilities under the contract.

The liaison(s) must be available to report within 24-hours of notification to any location(s) provided by the Agency. Examples include, but are not limited to, the State Emergency Operation Center, State Logistics Response Center or logistical staging areas. The liaison(s) must be able to provide onsite coverage for 24-hours a day. The Agency will notify Contractor’s when the liaison(s) are no longer needed.

Failure to provide this information within the time specified may result in cancellation of the contract. The Contractor shall notify the Contract Manager of any changes regarding the Contractor’s designated liaisons or organization chart within one (1) business day of the change occurring.

B. Emergency and Disaster Preparedness Beginning on the date of award of the contract, the Contractor shall:

• Be available and return all emergency phone calls 24-7 within one (1) hour of initial notification.

• Confirm and provide Attachment C- Vendor Resources for all available resources for resources bid and provide estimated response times to the Contract Manager quarterly, with each report being submitted on the first business day of each month throughout the contract’s period of performance. From the period of 1 June through 30 November of each year (Hurricane Season), the Contractor shall provide this report to the contract manager monthly. Failure to comply with this requirement may result in termination of the contract.

• Participate in all trainings/exercises requested by the Agency.

• Train staff on emergency response procedures and expectations.

C. Emergency and Disaster Activation Upon activation of the State Emergency Response Team (SERT) in response to an emergency or disaster, the Contractor shall:

• Upon request by the Agency, immediately deploy senior management personnel and supporting staff to the State Emergency Operations Center (SEOC), State Logistics Response Center (SLRC), and/or any other point designated by the Agency to collaborate with Agency personnel. Personnel should arrive no later than 24 hours from request. Failure to provide a senior management person with spending authority within 24 hours may result in termination of the contract.

• Provide the Agency with projected dates and timelines for the arrival of personnel and resources to the SEOC, SLRC, and/or any other location(s) assigned by the Agency.

• Provide a current and updated list of available resources to the Agency upon request, and provide continual updates while services are engaged.

• Document each incident response activity separately for accurate resource coordination and invoicing, if responding to multiple incidents simultaneously.

D. Emergency and Disaster Response During emergency and disaster response operations, the Contractor shall:

• Work as a unified and collaborative team alongside local, state, and federal agencies, volunteer and non-profit agencies, and other private sector entities in the fulfillment of missions tasked by the Agency.

• Respond to missions tasked by the Agency immediately and efficiently.

• Provide rapid on-site deployment and installation of equipment, structures, and supporting materials when mission-tasked by the Agency.

• Provide real-time asset tracking for all missions utilizing the internet-based SERT resource tracking application.

• Utilize Attachment F, Reports Resource. Status Report, when resource tracking systems are unavailable due to outages will be used to track all missions

Contractors may be required to attach a secondary pumping system or other additional equipment from another Vendor at the request of the agency. Contractors may be required to provide fuel to another Vendor working for FDEM including another emergency fuel Vendors and will be required to identify on submitted transactions what type of fuel and how much fuel the Vendors received or dispensed from other Vendors.

E. Emergency and Disaster Response – Cost Proposals/Quoting Awarded Contractor(s) may be asked to submit cost proposals for materials and/or services during an emergency or disaster activation at the request of the Agency.

Emergency cost proposals shall be equal to or lower than the contracted pricing on Attachment B, Price Proposal, and will be competitively selected for resource and service quality, response time, and price.

All cost proposals must be submitted using the virtual platform specified by the Agency at the time of the emergency activation. The Contractor should submit any relevant supporting documentation along with requested cost proposals.

During an event Contractors must submit cost proposals to the Agency prior to any deadline set by the Agency. Cost proposals submitted after a deadline has expired may not be reviewed or accepted by the Agency. Contractors that cannot fulfill a cost proposal request shall respond to the Agency with an email justification prior to the deadline established by the Agency.

The Contractor may include separate line items for mobilization, demobilization, and market value fuel expenses. Fuel expenses should not be reflected in any line item of Attachment B, Price Proposal. All other pricing must be all inclusive unless specifically authorized by the Agency. Equipment required to support requested resources should be included in the price of the requested resources unless specifically authorized by the Agency.

F. Mission Management Contractors will be assigned Missions by the Agency via the WebEOC (Agency’s mission management platform). Contractors must be able to provide technical assistance with mission management, mission tracking, mission reporting and mission fulfillment.

Contractors must be able to manage multiple missions and work collaboratively for planning and mission completion.

G. Fuel Transaction Tracking Contractors must record the following details and provide the following data to the Agency for each fuel transaction:

• Mission Number (Fuel is being dispensed under)

• Transaction Number (provided by Vendor)

• Company / Entity / Agency

• Employee ID (e.g. business card, badge)

• Equipment / Vehicle Description with Number

• License Plate State

• Location / Address

• Latitude / Longitude

• County

• Time

• Date

• Mileage or Hours (Ex. aircraft, boats, generators)

• Type of Fuel

• Fuel Dispensed, in Gallons

• Photo of Equipment / Vehicle

• Photo of Equipment Serial Number / Vehicle License Plate

• Photo of Employee ID

For each transaction, Contractors must submit a one-page, one sided PDF summary sheet including photos. The PDF summary sheet must be provided to the Agency with the fuel invoices. Each invoice must include an Excel spreadsheet identifying all transactions and requested information, including links to all photos. The fuel transaction tracking documentation must be provided when invoicing the Agency.

Invoices for Fuel Operations must also include:

• Equipment – Resource Type, Identification Number, Mission(s) Working, Date(s) Working, Location (County)

• Personnel – Name, Description, Date(s) Working

• Fuel – Fuel Type, Amount, Transaction Log, Individual Transaction Logs

H. Resource Tracking The Contractor shall provide resource tracking to monitor daily operation and location data of resources for display and situational awareness. The Agency shall have the ability to see daily operations and make assessments of how many trucks need to stay in the field. The application created by the Agency’s GIS Unit will show real-time visibility of vehicle locations including pertinent metadata as listed below.

The Contractor is responsible for installing tracking devices on their resources as well as their subcontractor’s resources. The Contractor shall coordinate with the Agency’s GIS Unit to provide data.

When requested the Contractor will need to provide a GIS Feature Layer in GeoJSON format to the Agency’s GIS Unit and the State Emergency Support Function 19 – Fuels Emergency Coordinating Officer Contact with the following information:

• Resource Owner (Vendor or subcontractor)

• Type of Resource (Ex. Bobtail Truck)

• USDOT Vehicle Number

• Company Vehicle Number

• Truck Driver Name (Ex. John Doe)

• Tracking Device Number (Ex. #123456789)

• Fuel Types Available (Ex. Unleaded, Diesel, etc.)

• Fuel Capacity (in gallons)

• Status (Ex. Fuel Delivery, En Route, Fuel Depot, Staged, or Refueling)

• Mission Number

• Latitude (Decimal Degrees)

• Longitude (Decimal Degrees)

Resource tracking must start with notice to proceed and includes timeframes of when en route resources will be available to receive missions.

Last recorded locations will be permitted as needed and this information will not be requested greater than twice per 24 hours.

I. Reports Contractors must provide daily reports by 6:00 AM or at the requested time to the Agency.

All data should be accurate up to the specified time on the report. Daily reports will be expected to be submitted at minimum of once per day but may be requested more frequently. If a correction to a report is identified, discuss with the ECO within the operational period and indicate the correction on the next report. The daily report (Reports Template and Reports Example in Attachment F and G) will include the following data:

• Type and Number of Resources (Ex. Bobtail Truck, Transport Tanker Trailer Truck, etc.)

• Fuel On Hand, in Gallons, per Type of Fuel

• Fuel Dispensed, in Gallons, per Type of Fuel (Entire Incident)

• Number of Missions Servicing (Active)

• Number of Transactions (Total for incident)

• Number of Personnel

Daily reports must be provided via email to the ESF-19 ESF Lead Point of Contact and esf19fuels@em.myflorida.com.

In addition to the daily report, the Agency may request custom reports as needed.

Contractors will be responsible to provide ad hoc reporting.

Other reports that may be requested includes but not limited to:

• Resource Status (Reports Template and Reports Example in Attachment F and G) o Resource Type (Bobtail Truck, Transport Tanker Trailer Truck, etc.)

o Status (En Route, Staged, On Mission, etc.)

o Mission Number Servicing o Location (Resource Last Position) (If resource is coming in from out of state provide ETA when in State) o Fuel Available (Type and Gallons) o USDOT Vehicle Number o Company Vehicle Number mailto:esf19fuels@em.myflorida.com o Truck Driver Name (Ex. John Doe)

J. Damages / Spills Prior to fueling at a fixed position, Contractors must take four (4) photos of the location (from east, west, south and north point of view). In the event of damage to the area, Vs will be required to provide these photos to the Agency.

The Vendor is and shall remain at all times an independent contractor. This Agreement does not create a partnership, agency, joint venture, or employment relationship, and the Contractor is not authorized to represent or act on behalf of the Agency. Contractors are responsible for any damage caused by their resources deployed in the field.

If any spills occur, such spills shall be handled by the Contractor in accordance with the Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency (EPA) regulations and other applicable laws. Contractor(s) shall report spills to FDEP personnel and appropriate authorities as required by FDEP and EPA regulations and other applicable laws. Any occurrence of a spill needs to be reported to the ESF-19 Lead Point of Contact along with all current actions.

K. Invoicing Within 30 days of Contract execution, Contractors must provide a sample invoice and detail sheet to the Contract Manager for review, discussion and approval. FDEM reserves the right to ask Contractors to revise their invoice for faster payment processing. Invoices should be compatible with Excel to be able to expedite invoice review processes.

Contractors will be compensated only for services performed for and/or good received by the Agency as specified on the purchase order of the Agency, equal to or below the rates in Attachment B, Price Sheet. Invoices received that are not less than or equal to the purchase order of the Agency will be returned to the contractor for corrections. In accordance with subsection 287.058(1)(a), Florida Statutes, the Contractor must provide the Agency with invoices in detail sufficient for a proper pre-audit and post-audit thereof.

The Contractor shall submit itemized invoices immediately (no more than 30 days) following service end or date of delivery with full and complete supporting documentation for all costs, based on the mission and task. For ongoing services (over 14 days), invoices are required every two weeks so that the Agency may accurately track and report expenditures. See the State of Florida Reference Guide for State Expenditures.

https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6

Invoices and supporting documentation should be organized in the order it is listed on the purchase order, with performance dates associated to each line item.

To be payable, invoices must include, at a minimum: Contractor name, invoice number, invoice date, Purchase Order number, mission number, invoice period (full period of https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6 performance), physical remittance address, current invoice amount, and a certifying signature.

• Payment shall be made in accordance with sections 215.422, Florida Statutes, and 287.0585, Florida Statutes, which govern time limits for payment of invoices and any applicable executive order.

• Invoices shall be submitted to the FDEM Vendor Management portal (DEMES).

Contractors must register and utilize the Agency’s web-based application at the following link: https://www.fdemportal.com/vendors. Invoices received by mail, e-mail, or other means will not be accepted.

• Invoices must be accepted and approved by the Agency before payment is initiated.

• Invoices submitted incorrectly or without proper documentation will not be paid until the invoice is corrected.

• Pre-dated invoices for services that have not yet been rendered, or materials not yet provided shall not be accepted.

• All invoices must exactly match the purchase order, by line item, with an equal to or lesser than amount.

• All work rates are calculated based on the physical deployment of equipment or personnel to an incident site performing actual work. Work rates will not apply to any equipment or personnel that are not actively in use performing an emergency response function (e.g. in staging/standby).

• All reserve rates are calculated based on the physical staging of equipment as instructed by the Agency and specified on a purchase order. Work rates shall not be invoiced for items on reserve/standby.

Invoices for Fuel Operations must also include:

• Equipment – Resource Type, Identification Number, Mission(s) Working, Date(s)

Working, Location (County)

• Personnel – Name, Description, Date(s) Working

• Fuel – Fuel Type, Amount, Transaction Log, Individual Transaction Logs (Task G)

Although the State of Florida’s statutory timeline prescribes for Contractor payment within 40 days, this timeline may be suspended by emergency executive and/or agency emergency order during emergency activations in recognition of the anticipated increase in volume of invoices, and payments to the Contractor may be delayed. Therefore, the Contractor must have sufficient funds on hand to cover all Contractor and subcontractor personnel and staff salaries and other expenses for a minimum of 90 days after the date of invoice submission. The Agency will not be liable for any loss of business or incurring of interest or any other damage that a contractor may incur owing to the suspension of any statutory deadline as it relates to invoicing.

Justification for any charges above the Contract agreement must be approved by an authorized individual of Agency in writing prior to the expense being incurred by the Contractor. The Contractor may first obtain verbal approval from an authorized representative of the Agency under extreme and extraordinary circumstances, but approval in writing must then be retrieved at the earliest opportunity. Failure to seek written approval will not justify a retroactive approval of costs.

Travel, Lodging and Per Diem Contractor’s rates shall be inclusive of travel, lodging and per diem unless otherwise authorized in writing by an authorized representative of the Agency.

Audit Considerations All contracts and billing are subject to both state and federal audits. Upon request, Contractors must be able to provide the following:

• Full supporting documentation for all fulfilled purchase orders.

• Verification that costs claimed or reported are adequately supported and accounted for.

• Compliance with federal or state regulations.

• Determination of necessity or reasonableness of costs.

• Verification that time limitations and cut-off dates were met.

• Determination that change order costs and time extensions were properly approved by the State.

Subcontractors Contractors are obligated to pay their subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) or notify the Agency and the subcontractor(s) in writing of the Contractor's intention to withhold payment and the reason.

• The date of mailing of any payment by U.S. mail is deemed to be payment to the address. These provisions apply to each sub-tier Contractor performing under the primary contact.

• A Contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Agency.

• The Contractor will be responsible for all hiring, background checks, qualifications, salary, taxes, and benefits for all hired personnel.

Financial Consequences

• These Financial Consequences apply to all services on Attachment B, Price Proposal.

• If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency will notify the Contractor in writing of the deficiency to be corrected within a time frame specified by the Agency. The Contractor shall, within the time specified, provide the Agency with a written corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor may be assessed a financial consequence up to 30% of the total cost for the service of failure, applied monthly, until the deficiency has been corrected. The financial consequence will be applied to the invoice for the then-current billing period.

• If a Contractor accepts a mission and later withdraws from the mission or does not perform in strict adherence to the contractual obligations, the Agency reserves the right to calculate the cost of the mission and deduct it from the Contractor’s performance bond.