AVIATION_FUELS_ANNUAL_CONTRACT_(Addendum_#1_Revision).pdf

INVITATION TO BID

ITB-007-2021

AVIATION FUELS ANNUAL CONTRACT

City of Lake City

205 N. Marion Ave.

Lake City, FL 32055

RELEASE DATE: January 15, 2021

DEADLINE FOR QUESTIONS: February 8, 2021

RESPONSE DEADLINE: February 18, 2021, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lcfla https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Lake City

INVITATION TO BID

AVIATION FUELS ANNUAL CONTRACT

I. Introduction II. Instruction To Bidders

III. Scope of Work and Related Requirements IV. Terms and Conditions V. Pricing Proposal

VI. Vendor Questionnaire

Attachments:

A - Invoices

Invitation to Bid #ITB-007-2021 Title: AVIATION FUELS ANNUAL CONTRACT

1. INTRODUCTION

1.1. Summary

INVITATION TO BID

ITB-007-2021

Sealed bids will be accepted by the City of Lake City, Florida until Thursday, February 18, 2021 at 2:00 pm, local time through the City’s e-Procurement Portal, ProcureNow. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bids will not be accepted through any other means. Bid opening will be promptly at 2:15 pm in the City Council Chambers located on the 2nd floor in City Hall, at which time all bids will be publicly opened and read aloud for the purchase and installation of:

AVIATION FUELS ANNUAL CONTRACT

Any deviation from the specifications must be explained in detail under “Clarifications and Exceptions”, as part of the Bidder's Response, and each deviation must be itemized by number and must specifically refer to the applicable specification paragraph and page. Otherwise it will be considered that items offered are in strict compliance with these specifications and the successful Bidder will be held responsible for meeting the specification.

All questions related to this ITB shall be submitted in writing through the ProcureNow Question/Answer

Tab via the City's e-Procurement portal, on or before, Question & Answer Submission Date by Question

& Answer Submission Time. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

All questions must be in writing and directed to the Procurement Director. All questions will be answered in writing. Any answers which may alter the scope of work will be answered in the form of addenda. Any and all addenda must be acknowledged through the City's e-Procurement Portal. Deadline for receiving questions is Monday, February 8, 2021 at 4:00 pm. Questions received after this date and time will not be considered.

Bidder may not withdraw his/her bid for a period of sixty (60) days following the opening of the responses.

The City of Lake City is exempt from State Use Tax, State Retail Tax and Federal Excise Tax. The bid price must be net, exclusive of taxes. Bidder’s proposal must be dated, signed by authorized representative, title, firm name, address, and telephone number.

Local Vendor Preference: City of Lake City Administrative Policy #18 states that the bid of a resident of

Columbia County, Florida will have a 5% preference over the bid submitted by any non-resident of

Columbia County. A resident is defined as an individual whose primary residence is within Columbia

County, Florida, a partnership whose principals are all residents of Columbia County, Florida, partnership or other business entity whose principal place of business is within Columbia County, Florida, or which maintains a full time business office open to the public within Columbia County, Florida. With these and http://secure.procurenow.com/lcfla other contributing factors the City Council reserves the right to award a bid or contract in the best interest of the City.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and city holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement

Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

Any Bidder desirous of protesting a bid for any reason must file a written notice of bid protest with the

City Manager’s office within 72 hours following posting of notice of intended award. All protest will be in writing stating the bid being protested and the specific reason of the protest. All protest will be signed by the Protestor and include all detail for a complete and thorough review. The decision of the City

Manager, after consultation with the City Attorney will be issued within five (5) working days of the receipt of the protest, unless additional time is agreed upon by all parties involved should circumstance warrant such a delay.

By submission of his/her bid, the Bidder certifies that:

1. The bid has been arrived at by the Bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment described in the Invitation to Bid.

2. The contents of the bid have not been communicated by the Bidder, his/her employees or agents, to his/her best knowledge and belief, to any person not an employee or agent of the

Bidder or his surety in any bond furnished herewith and will not be communicated to any such person prior to the official opening of the bids.

The City of Lake City reserves the right to accept or reject any/all bids and to award the contract in the best interest of the City of Lake City, Florida.

CITY OF LAKE CITY, FLORIDA

Joseph Helfenberger

City Manager

1.2. Contact Information

Dee Johnson

Procurement Coordinator

205 N. Marion Avenue

Lake City, FL 32055

Email: johnsond@lcfla.com

Phone: (386) 719-5816 mailto:johnsond@lcfla.com tel:(386)719-5816

Department:

Procurement

1.3. Timeline

Release Project Date

January 15, 2021

Question Submission Deadline

February 8, 2021, 4:00pm

Question Response Deadline

February 10, 2021, 5:00pm

Proposal Submission Deadline

February 18, 2021, 2:00pm

2. INSTRUCTION TO BIDDERS

2.1. Overview

The City of Lake City is accepting bids for Aviation Fuels Annual Contract.

Bidders shall create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic response.

2.2. Pre-Bid Meeting

There will be no pre-bid meeting associated with this project.

2.3. Submittal Deadline

Bids shall be submitted via the City's e-Procurement Portal, ProcureNow, no later than Thursday, February 18, 2021 at 2:00 pm. Late proposals shall not be accepted.

Bids must be submitted via the City's e-Procurement Portal, ProcureNow and may not be delivered orally, by facsimile transmission, or by other telecommunication or electronic means.

2.4. Questions

All questions related to this ITB shall be submitted in writing via the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Wednesday, February 10, 2021 by 4:00 pm. All questions submitted and answers provided shall be electronically distributed via email to bidders following this solicitation on the City's e-Procurement Portal.

2.5. Addenda

Addenda notifications will be emailed to all persons on record as following this ITB.

https://secure.procurenow.com/signup http://secure.procurenow.com/lcfla http://secure.procurenow.com/portal/lcfla

3. SCOPE OF WORK AND RELATED REQUIREMENTS

3.1. General Scope of Work

THE CITY OF LAKE CITY WILL ACCEPT PROPOSALS FOR AVIATION FUELS – ANNUAL CONTRACT FOR THE

CITY OF LAKE CITY GATEWAY AIRPORT.

3.2. Specifications

AVIATION FUELS:

A. PRODUCTS/SPECIFICATIONS:

1. Avgas 100LL – meets or exceeds ASTM (American Society of Testing & Materials) 910.

2. Jet A with Prist fuel additive pre-mixed - meets or exceeds ASTM 1655.

B. QUANTITY/TERM:

1. Avgas 100LL – approximately 40,000 – 60,000 gallons per year.

2. Jet A – approximately 60,000 – 100,000 gallons per year.

3. All deliveries must be in full transport amounts not less than 7,500 gallons, unless fire levels elevate during such fire seasons as Lake City Gateway Airport is home to the United States Department of

Agriculture (Forestry Division) and demand may require periodic short orders as fuel volume is depleted.

4. During such fires seasons and when fuel demand increases for U.S.D.A. aircraft providing life safety sorties, the supplier will assist with the location and delivery of additional/loaner fuel truck/s. These trucks must be sufficient in capacity as well as performance to meet the demands of fuel needed during such times. Supplier must have the ability to provide a loaner JET-A Refueling Truck, as the need exists during wildfire activity, at no cost to the city.

3.3. Product Delivery and Charges

1. All deliveries must be made within 24 hours of order placement.

2. Supplier must provide toll-free telephone number for order placement.

3. The successful Bidder will be required to deliver all fuels during the City of Lake City Gateway Airport normal hours of operation 7 days per week 8 a.m. to 6 p.m.

4. Deliveries must be via supplier transport truck or common carrier transport trucks designed for aviation fuel only. All tanks must be dedicated for fuel grade or proven to be properly cleaned and dried.

5. Title to product must pass to purchaser upon offloading into storage at the City of Lake City Gateway

Airport.

6. Freight charges must be based on supplier’s closest delivery source within the State of Florida regardless of actual source of delivery.

7. Billing is to be based on net temperature adjusted gallons.

8. Material Safety Data Sheets (MSDS) are required for fuels supplied.

9. Contractor must meet FDOT required weight loads.

10. In the event of a natural disaster which disables the City’s ability to dispense fuel from our pumps, the successful Bidder shall cooperate with the City to the fullest extent possible to assist in keeping vehicles fueled. This assistance may include leaving a fuel truck at our facilities so that we may fuel our vehicles directly from the fuel truck.

3.4. Contract

1. The proposal of the successful Bidder together with the written Notice of Award, the terms and conditions and the specifications contained in the Invitation to Bid will constitute the contract.

2. Contract term will be for three (3) years*. The City reserves the right to extend the contract period for two (2) additional one (1) year periods upon mutual agreement with the successful bidder.

3. *Annual Appropriation – Contingency Statement – Section 287.0582 of the Florida Statutes states performance and obligation to pay under this contract is contingent upon an annual appropriation.

3.5. Termination

The contract may be terminated by the City for any reason upon a 30 day written notice. Contractor will be paid for all service satisfactorily performed through the date of termination. Termination will be effective upon written notification to the Contractor and such termination will relieve the City from any future obligations with the Contractor.

3.6. Price Changes During Contract Period

Any price increases during the contract period must be attributable to wholesale cost changes only (rack prices) and not bidder operating cost or profit increases. Bidder must provide proof of rack prices upon each delivery.

3.7. Credit Cards

1. Supplier must provide point of sales software at no charge to the City with the ability to create special reports at the City's request.

2. Supplier must accept without processing fee at least two (2) major oil company credit cards.

3. Supplier must accept State and Federal Government issued credit cards without fee.

4. Supplier must accept other general used credit cards such as Visa, MasterCard and American Express at a processing fee not to exceed 3%.

5. Successful vendor shall supply an electronic credit card machine, with all credit card supplies, forms, materials, etc. free of charge to the Lake City Gateway Airport.

6. Supplier must provide toll-free credit card authorization service.

7. Supplier’s credit card shall provide for normal airport related charges in addition to fuel such as, tie down fees, hangar or lease payments, pilot supplies, minor repairs, and flight and/or weather service.

8. Supplier shall reimburse the City of Lake City for credit transmittals within seven (7) days or receipt by check.

9. Supplier must provide a grace period not less than sixty (60) days for the acceptance of all other company credit cards.

3.8. Quality Control / Inspection

1. Supplier must provide purchaser with written product quality reports on an annual basis and certification of quality for each delivery.

2. Supplier must inspect all fuel handling equipment on an annual basis and provide the purchaser with written inspection reports.

3.9. Training

1. Supplier must provide line service and quality control training to the Lake City Gateway Airport employees on site at the beginning of this contract, and also provide additional training for any new employees during this contract period at no charge.

2. Supplier must provide F.A.A. (Federal Aviation Administration) part 139 (or latest revision) training to purchaser's employees free of charge.

3.10. Advertising

Supplier must include purchasers in all directory advertising free of charge.

3.11. Signage

1. Supplier must provide one (1) large airport sign for air viewing, decals on ground equipment and fuel farm at no charge. State descriptions and what size your company will supply with bid proposal.

2. If your Company provides any amenities other than stated above, please list in detail. Some consideration could be given to such items as additional signage, advertising, etc.

3.12. Proposal

1. The Bidder must provide proposal on electronic bid form included within this bid.

2. The Bidder must provide the following on the bid proposal for AvGas and Jet A fuels:

1. Location of closest primary terminal which will be used.

2. Rack price per gallon at the closest primary terminal on the three different dates provided on the proposal form.

3. Fixed markup per gallon.

4. Fixed freight cost per gallon.

4. TERMS AND CONDITIONS

4.1. Licenses/Qualifications

All Contractor's must be qualified and licensed under the laws, rules and regulations of the State of

Florida and the City of Lake City, Florida to perform the work required by these contract documents.

Contractor’s qualifications including equipment to be used for this project will be subject to review and approval by the City prior to award.

4.2. Insurance

1. Without limiting Contractor's indemnification, it is agreed that the successful Contractor will purchase at their expense and maintain in force at all times during the performance of services under this agreement the following insurance. Where specific limits are shown, it is understood that they must be the minimum acceptable limits. If successful Contractor's policy contains higher limits, the City of Lake

City will be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the City naming the City of Lake City as additional insured. These certificates must provide a ten (10) calendar day notice to the City in the event of cancellation, non-renewal or a material change in the policy.

1. Statutory Workers Compensation insurance as required by the State of Florida.

2. Commercial General Liability insurance to provide coverage of not less than $1,000,000.00 combined single limit per occurrence and annual aggregates where generally applicable and must include premises-operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements.

3. Comprehensive Automobile Liability Insurance covering all owned, hired and non-owned vehicles with coverage limits not less than $300,000 per person, $1,000,000.00 per occurrence and $300,000.00 property damage.

4. Aviation Excess Liability Insurance coverage covering all fueling related activity to supplement the City of Lake City Gateway Airports liability coverage.

4.3. Indemnity

Successful contractor will indemnify and hold Owner and Owner’s agents harmless from any loss, cost, damage or injury sustained by any persons (s) as a result of the actions of employees or officers of the

Contractor, subcontractors or suppliers.

4.4. Schedule

1. Deliveries will commence once all paperwork has been received and a Notice to Proceed has been issued.

2. The initial term of the contract will be three years (3) from the date listed on the Notice to

Proceed.

4.5. Payment

A. Supplier must provide the City with thirty (30) day terms without penalty.

B. Supplier must accept a purchasing card (Visa) for payment of fuel invoices with no processing fees.

C. Other credit terms may be offered including prompt pay discounts and be made a part of the bid proposal.

4.6. Or Equal

Any manufacturers’ names, trade names, brand names or catalogue numbers used in the specifications are for the purpose of describing and establishing general performance and quality levels. Such references are not intended to be restrictive. Bids are invited on these and comparable brands or products provided the quality of the proposed products meet or exceed the quality of the specifications listed for any item. All requests for “or equal” consideration must be received prior to the deadline for receiving questions.

4.7. Experience/References

Bidders must provide a statement of qualifications and include with their proposal a minimum of Three

(3) references for similar project in the last Five (5) years. The list of references must be submitted as a part of the bidder response as provided within the vendor questionnaire. All reference materials provided become the property of the City of Lake City and also become public record.

4.8. Change Orders

1. Notify the City of Lake City of any conditions in the project area that are not addressed within the specifications that may require a change order.

2. Change orders to the scope of work or additional work requested by the City of Lake City must be in written form and initiated by the Contractor.

3. All changes or additions will be approved by the City of Lake City prior to work being initiated.

4.9. Addendum

It will be the sole responsibility of the bidder to contact the Purchasing Department prior to submitting a bid to determine if any addenda have been issued, to obtain such addenda, and to acknowledge addenda with their bid. Failure to submit acknowledgement of any addendum that affects the bid price is considered a major irregularity and will be cause for rejection of the bid.

4.10. Required Documents

The required documents are in the form of a questions listed in the Questionnaire section. (Conflict of

Interest Statement, Disputes Disclosure Form, Drug Free Workplace Certificate, Non-Collusion Affidavit of Proposer, References, Public Entity Crime Statement and E-Verify Affirmation Statement.

4.11. Public Entity Crime

Public Entity Crimes – Section 287.133 (3) (n) of the Florida Statutes requires that a vendor/contractor submit a sworn statement concerning Public Entity crimes. Bidders are required to answer the

Questionnaire section to submit your bid.

4.12. Employment Eligibility Verification (E-Verify)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding

Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment

Eligibility Verification Program(“E-Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3) use

E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontracts, such as construction. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

4.13. Public Record

The Owner is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with

Florida’s public records law. Specifically, the Contractor shall:

1. Keep and maintain public records required by the public agency to perform the service.

2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386) 719-5826 OR (386) 719-5756, CITYCLERK@LCFLA.COM, CITY CLERKS OFFICE, 205 N MARION AVE., LAKE CITY, FL, 32055.

4.14. Payment And Performance Bonds

Payment and performance bonds are not a requirement of this bid.

4.15. Additional Information

The City of Lake City reserves the right to request any additional information needed for clarification from any Bidder for evaluation purposes.

5. PRICING PROPOSAL

AVIATION FUELS - AVGAS

Based on approximately 40,000-60,000 gallons per year.

Item No. Description Quantity Unit of

Measure Unit Cost Total

1 AVGas (rack price) cost per gallon at closest primary terminal on October 1, 2020 1 gallon

2 AVGas (rack price) cost per gallon at closest primary terminal on November 1, 2020 1 gallon

3 AVGas (rack price) cost per gallon at closest primary terminal on December 1, 2020 1 gallon

4 AVGas Fixed markup in cents based on no minimum 1 gallon

5 AVGasFixed freight cost 1 gallon

6 AVGas Rack Price Date of January 31, 2021 1 gallon

TOTAL

AVIATION FUELS - JET A WITH PRIST PREMIXED

Based on approximately 60,000-100,000 gallons per year.

Item No. Description Quantity Unit of

Measure Unit Cost Total

1 Jet A (rack price) cost per gallon at closest primary terminal on October 1, 2020 1 gallon

2 Jet A (rack price) cost per gallon at closest primary terminal on November 1, 2020 1 gallon

3 Jet A (rack price) cost per gallon at closest primary terminal on December 1, 2020 1 gallon

4 Jet A with Prist premixed Fixed markup in cents based on no minimum 1 gallon

5 Jet A with Prist premixed Fixed freight cost 1 gallon

6 Jet A Rack Price Date of January 31, 2021 1 gallon

TOTAL

LOCATION - AV GAS

Please provide your response in the comment section provided.

Description Unit of Measure Unit Cost

AV Gas Location of closest primary terminal which will be used Location

LOCATION - JET A WITH PRIST PREMIXED

Please provide your response in the comment section provided.

Description Unit of Measure Unit Cost

Jet A Location of closest primary terminal which will be used Location

6. VENDOR QUESTIONNAIRE

6.1. References*

As per the Terms and Conditions, please provide the company name, address, contact person, telephone number and length of time services, using the following format, of at least three (3) client/customer references.

*Note: only list those client/customers in which a similar type of equipment/product of scope of work/service was provided.

Company Name: ____________________________________________

Address:___________________________________________________

Business Phone #:___________________________________________

Contact Person:_____________________________________________

Email: ____________________________________________________

Length of time services provided:_______________________________

*Response required

6.2. Title and Organization*

Please provide your title and organization's name.

*Response required

6.3. Local Office*

Please provide the city and state for your local office. If you do not have a local office, please type "N/A".

*Response required

6.4. Principal Office*

Please provide the city and state for your Principal Office.

*Response required

6.5. Conflict of Interest Statement*

1. The above named entity is submitting a Bid for the City of Lake City ITB-007-2021 described as

AVIATION FUELS ANNUAL CONTRACT.

2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge.

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3. The Affiant states that only one submittal for the above proposal is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project.

4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project.

5. Neither the entity not its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.

6. Neither the entity nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project.

7. I certify that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Lake City.

8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of lake City.

9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Lake City.

☐ Please confirm

*Response required

6.6. Disputes Disclosure Form*

Please select all that pertain to your organization. To answer yes, click on the options that pertain to your organization.

Select all that apply

☐ Has your firm or any of its officers, received a reprimand of any nature or been suspended by the

Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years?

☐ Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years?

☐ Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business?

☐ None

*Response required

6.7. Disputes Disclosure Form - Explanation*

If you answered yes for any in the previous question, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. If you selected none, please type "N/A".

*Response required

6.8. Disputes Disclosure Form - Acknowledgement*

I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Lake City.

☐ Please confirm

*Response required

6.9. Drug Free Workplace Certificate*

I, the undersigned, in accordance with Florida Statute 287.087, hereby certify that, as an authorized signatory on behalf of our organization, publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above, and specifying actions that will be taken against violations of such prohibition.

• Informs employees about the dangers of drug abuse in the work place, the firm’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations.

• Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above.

• Notifies the employees that as a condition of working on the commodities or contractual services that are under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or nolo contender to, any violation of Chapter 1893, of any controlled substance law of the State of Florida or the United

States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt.

• Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.

• Makes a good faith effort to continue to maintain a drug free work place through the implementation of the drug free workplace program.

“As a person authorized to sign this statement, I certify that the above named business, firm or corporation complies fully with the requirements set forth herein”.

☐ Please confirm

*Response required

6.10. Non-Collusion Affidavit*

1. By submitting a response to this solicitation, the Bidder Acknowledges that he/she is authorized to submit the attached response on behalf of their organization for:

ITB-007-2021, AVIATION FUELS ANNUAL CONTRACT;

2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;

3. Such Proposal is genuine and is not a collusive or sham proposal;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham

Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached proposal or any other Bidder, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other Bidder, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Lake City, Florida or any person interested in the proposed Contract; and;

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

☐ Please confirm

*Response required

6.11. E-Verify Affirmation Statement*

ITB-007-2021-AVIATION FUELS ANNUAL CONTRACT

Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of Homeland

Security’s E-Verify System to verify the employment eligibility of,

(a) all persons employed by Contractor/Proposer/Bidder to perform employment duties within Florida during the term of the Contract, and,

(b) all persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder to perform work pursuant to the Contract.

The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of

Homeland Security’s E-Verify System during the term of the Contract is a condition of the Contract.

☐ Please confirm

*Response required

6.12. Bidder's Checklist*

By submitting a response to this solicitation, the bidder acknowledges that they have read, understand and agree to all requirements and that they have completed in their entirety all required documents and/or attachments as a part of their bid submission.

☐ Please confirm

*Response required

6.13. Clarifications and Exceptions*

Please explain in detail any deviation from the specifications. Each deviation must be itemized by number and must specifically refer to the applicable specification. Otherwise it will be considered that items offered are in strict compliance with these specifications and the successful Bidder will be held responsible for meeting the specification. If there will not be any deviation, please type "N/A".

*Response required

6.14. Sworn Statement Under Section 287.133(3)(n), Florida Statutes on Public Entity Crimes

6.14.1. Federal Identification No. (FEID)*

Please provide your FEIN number here.

*Response required

6.14.2. Acknowledgments*

1. This sworn statement is submitted with ITB-007-2021.

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to, the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida

Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The Ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person” as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity.

☐ Please confirm

*Response required

6.14.3. Please indicate which statement applies.*

Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement.

Select all that apply

☐ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with or convicted of a public entity crime subsequent to July 1, 1989.

☐ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with, and convicted of a public entity crime subsequent to July

1, 1989, and (Please indicate which additional statement applies - option 3, 4 or 5))

☐ There has been a proceeding concerning the conviction before a hearing officer of the State of

Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order)

☐ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order)

☐ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services)

*Response required

6.14.4. Required Documents

Please upload your Final Order if you selected Option 3 or Option 4 above.

6.14.5. Describe Action Taken

Please describe any action taken by, or pending with, the Department of General Services, if you selected Option 5 above.

6.15. Payment Processing

6.15.1. Will the City be able to pay their invoices for fuel with a P-Card without a fee for processing? *

☐ Yes

☐ No

*Response required