Attachment_A-Scope_of_Work.pdf

Liquefied Petroleum (LP) Gas ITB No. 25-15111510-ITB Page 1 of 8 Attachment A-Scope of Work

ATTACHMENT A

SCOPE OF WORK

1. PURPOSE

To provide for the purchase and delivery of Liquefied Petroleum (LP) Gas and the rental and maintenance of LP Gas storage tanks, pursuant to the terms set forth in this Scope of Work.

2. DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment D, Enterprise Standard Terms and Conditions; are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this scope of work. All definitions apply in both their singular and plural sense.

Bobtail Delivery (Group A) – A delivery of 4,500 gallons of LP Gas or less. Bobtail delivery involves a truck with an attached tank and no trailer.

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location.

Group – LP Gas delivery type that is described in this Scope of Work and in Attachment C, Markup Sheet.

Commodity – A product. The terms “product(s)” and “commodity(ies)” may be used interchangeably throughout this scope of work.

Contractor – The person or entity that is a party to the Term Contract and is offering products or services for purchase.

Contractor’s Contract Manager – The representative designated by the Contractor who will serve as the Contractor’s single point of contact to provide or arrange for all aspects of Customer support and problem resolution.

Customer – As defined in Rule 60A-1.001(3), Florida Administrative Code.

Customer-Owned Tank – An LP gas tank that is not owned by the Contractor performing the LP gas delivery.

Department – The Department of Management Services, a State agency as defined in section 287.012, F.S., responsible for the administration of the Term Contract.

Department’s Contract Manager – The representative designated by the Department who will oversee all aspects of the Term Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

ITB No. 25-15111510-ITB Page 2 of 8 Attachment A-Scope of Work

Hattiesburg Average – The average price per gallon for propane for all companies at Hattiesburg, MS as listed in Butane-Propane’s (BPN) Weekly Propane Newsletter, Propane Price Update column, the day following the posted date of the most recent edition of the newsletter.

Liquefied Petroleum (LP) Gas – As defined in section 527.01(1), F.S.

LP Gas Delivery – This refers to the delivery of one of the following to the Customer:

1. A Bobtail Delivery to a Customer-Owned Tank or Vendor-Owned Tank.

2. A Transport Delivery.

Markup – A positive amount expressed as a decimal value out to ten thousandths of a U.S. Dollar ($#.####), as shown on Attachment C, Markup Sheet, that is added to the Hattiesburg Average in accordance with section 3.7 of this Scope of Work.

Gas Processors Association (GPA) 2140 – These specifications generally define physical properties and characteristics of LP Gas which make them suitable for private, commercial, or industrial applications.

Vendor-Owned Tank – An LP Gas Tank that is owned by the Vendor and is rented by the Customer from the Contractor performing the LP Gas Delivery.

Term Contract – The legally enforceable State Term Contract, as defined in section 287.012, F.S., between the Department and the Contractor.

Transport Delivery (Group B) – A delivery of more than 4,500 gallons of LP Gas. Transport delivery requires the use of a tanker trailer.

Vendor – As defined in Rule 60A-1.001, F.A.C.

3. SCOPE OF WORK

3.1 Description of Scope

The Contractor shall provide Customers with the sale and delivery of LP Gas; LP Gas storage tank rental; and LP Gas storage tank maintenance in accordance with the Term Contract, including this Scope of Work.

The purchase and delivery of LP Gas available through this Term Contract shall be classified under the following Groups.

Group Group Name Group Description

A Bobtail Delivery A delivery of 4,500 gallons of LP Gas or less to a Customer-Owned Tank or a Vendor- Owned Tank.

B Transport Delivery A delivery of more than 4,500 gallons of LP Gas.

ITB No. 25-15111510-ITB Page 3 of 8 Attachment A-Scope of Work

3.2 Delivery Requirements

The following supplements the requirements of section 5.e., Transportation and Delivery, of the

PUR 1000.

a. Product Delivery Schedule Product is to be delivered to the Customer within 48 hours after telephone or email notif ication requesting LP Gas Delivery is received by the Contractor, unless specified otherwise by the Customer. Notwithstanding section 5.e. of the PUR 1000, if a Customer requests same-day Bobtail Delivery of the product, or orders under 50 gallons of LP Gas, the Customer may be subject to a delivery charge, which shall not exceed $35.00. The delivery charge may be added to the invoice as a separate item, in addition to the cost of the product being delivered.

Customers may have the option to select a recurring scheduled delivery service with the Contractor, and any Customer on a scheduled delivery shall not be assessed a delivery charge. The Contractor shall provide LP Gas and LP Gas Delivery in accordance with the Contract unless the Contractor is unable to fulf ill a request due to a shortage of available LP Gas or LP Gas Delivery is impossible, in which case the Contractor shall notify the Customer immediately.

3.3 Product Specifications

All LP Gas sold and delivered shall meet the specifications as set forth in the latest edition of GPA 2140. All LP Gas sold and delivered shall be odorized in accordance with the standards set forth in the most current edition of the National Fire Protection Association (N.F.P.A.) Code NFPA No.

58, Liquefied Petroleum Gas Code, and other applicable handbooks which provide the industry benchmark for the safe storage and handling of LP Gas.

Contractor shall meet all other applicable provisions of the aforementioned N.F.P.A. No. 58, as well as federal and Florida laws, rules, and regulations governing LP Gas including, but not limited to, Chapter 527, Florida Statutes, and chapter 5J-20, Florida Administrative Code. The Contractor shall meet or exceed any such requirements of the laws and regulations applicable to the goods and services provided.

3.4 Licensure

Contractor shall comply with Sections 527.02, 527.021, and 527.03, Florida Statutes, and provide, prior to contract execution, a current and valid license(s) from the Florida Department of Agriculture and Consumer Services to provide the goods and services set forth herein. The Contractor shall maintain all applicable required license(s) throughout the life of the Term Contract.

3.5 Safety Standards

Performance of the Term Contract for all commodities and contractual services must comply with the requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements.

3.6 Tank Service and Maintenance

a. Vendor-Owned Tanks The Contractor shall provide the Vendor-Owned Tank, along with any materials and maintenance required to install, repair, replace, or maintain the upkeep of the Vendor-Owned Tank during the duration of the Contract at no additional charge to the Customer. In the event of a leak, material defect, or a service issue with a Vendor-Owned Tank, the Contractor will

ITB No. 25-15111510-ITB Page 4 of 8 Attachment A-Scope of Work be responsible for the replacement of LP Gas at no additional cost to the Customer. The Contractor’s Vendor-Owned Tank Markup per gallon price includes all costs associated with providing a Vendor-Owned Tank and the required maintenance contemplated in this Scope of Work and any Customer purchase order or agreement.

b. Customer-Owned Tanks Any materials and maintenance required to install, repair, replace, or maintain the upkeep of Customer-Owned Tanks are the responsibility of the Customer. Any tank maintenance or repairs required prior to the delivery of LP Gas must be approved by the Customer.

3.7 Markup and Minimum Orders

Except for the delivery charge described in section 3.2 above, the Customer shall not be charged more than the Hattiesburg Average at the time of the order plus the Contractor’s submitted Markup per gallon. No fuel surcharges or other fees (other than the delivery charge described in section

3.2 above) may be passed through to the Customer.

3.8 Customer’s Markup Adjustment

Markups may be adjusted no earlier than 12 months after the start date of the initial or renewal term of the Term Contract, or no earlier than 12 months after the effective date of the previous Markup adjustment, whichever is later. Markup increases must be supported by a change in the Producer Price Index (PPI) for the Series ID shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and is available at http://www.bls.gov/data/.

Series ID Product 484220484220601 Local hazardous materials trucking (except waste)

The change in PPI for the first Markup adjustment after the start date of the initial or renewal term shall be determined using the PPI for the month in which the initial Term Contract or renewal was executed and the latest available non-preliminary PPI at the time of the price adjustment request;

a preliminary PPI is indicated on the BLS website with a “(P)” notation. The change in PPI for second and subsequent Markup adjustments shall be determined using the latest PPI that was used to support the previous Markup adjustment and the latest available non-preliminary PPI at the time of the request.

When requesting a Markup increase, the Contractor shall submit a written justif ication to the Department’s Contract Manager detailing the reason(s) for the request; an increase in the PPI is not sufficient justification for a Markup increase by itself. Markup increases shall not exceed the percent change in PPI or three percent, whichever is less. The percent change in PPI shall be calculated using the following formula:

(B – A) / A = Z

Where:

A = Earliest PPI (PPI at time of initial contract or renewal execution or previous Markup adjustment) B = Latest PPI (Latest available non-preliminary PPI at time of Markup adjustment request) Z = Percent change in PPI http://www.bls.gov/data/

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Markup adjustments are effective only upon written approval by the Department and may not be applied retroactively. The Department’s Contract Manager shall notify the Contractor if the requested Markup adjustment is approved. Such notice is sufficient to effectuate this change without requiring a written amendment to the Term Contract.

The Department reserves the right to request Markup decreases at any time during the term of the Term Contract if it is found to be in the best interest of the State. Markup decreases issued by the Contractor are permissible at any time during the initial and renewal terms.

3.9 Customer Service

The Contractor shall provide Customers all contractual products and services during Business Days, except for holidays observed by state agencies. For further information concerning State-observed holidays, please visit:

https://www.dms.myflorida.com/workforce_operations/human_resource_management/for_state _personnel_system_hr_practitioners/state_holidays

If the actual holiday falls on a Saturday, the State observes the preceding Friday as a holiday.

When a holiday falls on a Sunday, the State observes the following Monday as a holiday.

The Contractor shall have a single point of contact to serve as the Contractor’s Contract Manager.

The Contractor’s Contract Manager shall support multiple Customers and must respond to Customer calls and/or emails within one business day. The Contractor’s Contract Manager must be able to provide or arrange for all aspects of Customer support and problem resolution. Back-up coverage for the Contractor’s Contract Manager must be provided by an equally knowledgeable person.

In addition to a dedicated Contractor’s Contract Manager, the Contractor shall provide a toll-free Customer service phone support from 8:00 a.m. Eastern Time to 5:00 p.m. Eastern Time, Monday through Friday, except for State-recognized holidays. Telecommunications Device for the Deaf (TDD) access must be made available during the above-named Customer service operating hours.

3.10 Routine Communications

All routine communications and reports related to this Term Contract shall be sent to the Department’s Contract Manager. Communications relating to a specific Customer order should be addressed to the contact person identif ied on the Customer order. Communications may be made by email, regular mail, or telephone except where the preferred method of communication is specified, in which case communications shall be made pursuant to the specifically listed method of communication.

3.11 Inspection

Section 215.422, F.S., provides that agencies have five working days, unless the contract specifies otherwise, to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Interest penalties for late payment are also limited according to section 215.422, F.S. Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions set forth in the Term Contract and any Customer agreement.

https://www.dms.myflorida.com/workforce_operations/human_resource_management/for_state_personnel_system_hr_practitioners/state_holidays https://www.dms.myflorida.com/workforce_operations/human_resource_management/for_state_personnel_system_hr_practitioners/state_holidays

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If the delivered Commodities are non-compliant, the Contractor shall provide the Customer a full refund or replace the Commodities with compliant Commodities within 10 Business Days. The Customer has the sole discretion to determine whether a replacement or refund will be provided.

3.12 Compliance and Compatibility

It is the Contractor’s responsibility to ensure that the Commodities/Services supplied are compliant with the Term Contract requirements, specifications, terms, and conditions.

Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity/Service(s) that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions.

3.13 Request for Quotes Requirement

Customers shall use a Request for Quotes in accordance with section 287.056(2), F. S., and Rule 60A-1.043, F.A.C., when making purchases off this State Term Contract (Term Contract). For any purchases off the Term Contract, the Contractor recognizes its responsibility for all tasks and deliverables contained in the Term Contract and any Customer Request for Quote, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables, and agrees to be fully accountable for the performance thereof.

3.14 Invoices

Written or electronic invoices must clearly identify the quantity, the Contractor’s name, Contract number, purchase order number, unit cost, and total cost and delivery charge if applicable.

3.15 Punchout Catalog and Electronic Invoicing

The Contractor’s use of the MFMP punchout catalog is optional but encouraged. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Term Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information.

The punchout catalog enables Florida buyers to “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products.

When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding, deleting, and editing Products (i.e., line items) in the purchase order.

An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details.

The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the Customer through one of the mechanisms as listed below:

1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (EDI 810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Business Network (formerly known as

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Ariba Network) for catalog and non-catalog goods and services.

2) PO Flip via BN This online process allows Contractors to submit invoices via the BN for catalog and non-catalog goods and services. Contractors are able to create an invoice directly from their inbox in their BN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities.

The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP the information described above.

In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identif ies the Products made available by the Contractor under the Term Contract.

3.16 Payments

Payments shall be made in accordance with sections 215.422 and 287.0585, F.S., for State agencies, and the Local Government Prompt Payment Act, sections 218.70-218.80, F.S., for local governmental entities.

3.17 Financial Consequences

Failure to comply with the requirements of the Term Contract will result in the imposition of f inancial consequences. The following financial consequences will apply for the Contractor’s failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer may impose additional Financial Consequences beyond those stated herein to apply to that Customer’s purchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract.

The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter.

Financial Consequences Chart

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance

Contractor will timely submit complete Term Contract Quarterly Sales Reports

All Term Contract Quarterly Sales Reports will be submitted timely with the required information

Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter

$250 per day late

Contractor will timely submit complete MFMP Transaction Fee Reports

All MFMP Transaction Fee Reports will be submitted timely with

Completed reports are due on or before the 15th calendar day

$100 per day late

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No favorable action will be considered when Contractor has outstanding Term Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that are required under this Term Contract.

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance the required information after the close of each month