HomeMy WebLinkAboutA - 24-18-ITB - Citywide Fuel Supply Final
Invitation to Bid
24-18-ITB
CITYWIDE FUEL SUPPLY
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify bidders of all changes.
It is the bidders responsibility to check for addenda associated with this solicitation.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Wednesday, July 24, 2024 -
PRE-BID MEETING N/A -
QUESTIONS DUE DEADLINE: Wednesday, August 7, 2024 12:00 PM Local Time
BID DUE DATE: Wednesday, August 14, 2024 2:00 PM Local Time
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, September 11, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
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In accordance with the Americans with Disabilities Act, any person who believes he or she has a dis ability
requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the
City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special
requirements.
INVITATION TO BID
The City of Sebastian is seeking bids from licensed companies to provide fuel as needed.
BID SUBMITTAL
Bid submittals are due at the date and time indicated on the cover page or as amended in the form of an
addendum issued by procurement.
All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink
for solicitation opportunities and updates.
It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink
no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be
responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail,
telephone, or any other means not specified herein will not be accepted.
PRE-BID MEETING
A pre-bid conference will not be held. It shall be the full responsibility of the BIDDER to visit and inspect
the site before submission of a bid. No variation in price or condition shall be permitted based on a claim
of ignorance. Submission of a bid is evidence that the BIDDER has familiarized himsel f with the nature
and extent of the work and any conditions that may, in any manner, affect the work to be done, and the
labor, materials, and equipment required
QUESTION DEADLINE
The deadline to submit questions concerning this ITB will be Wednesday, August 7, 2024, at 12:00 PM
local time. Any questions or communication regarding this ITB should be emailed only to the City’s
Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone
representing a bidder) regarding this ITB with the City Council or a City employee/representative other
than this point of contact is grounds for disqualification.
BID OPENING
All sealed bids are due by Wednesday, August 14, 2024, by 2:00 P.M. local time.
The Bid Opening will be held virtually. Bids will be opened at 2:15P.M local time. Only the company
name of the submitters will be read aloud.
Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
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All bids submitted to the city become public record unless exempt under Florida or other law as outlined
above herein.
Late bids will not be opened or announced. Bidders have the option of picking up or paying for the
mailed return of their late, unopened bid. If this option is not exercised within five (5) days of the Bid
Opening date, the late, unopened bids will be disposed
At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be
whatever is in its best interest and waive any non-substantial irregularities.
By: Jessica Graham, CPPB
Procurement/Contracts Manager
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TABLE OF CONTENTS
INVITATION TO BID 2
TABLE OF CONTENTS 4
BID CHECKLIST 5
SECTION 1 – SCOPE OF WORK 6
SECTION 2 – GENERAL TERMS AND CONDITIONS 8
SECTION 3 – SPECIAL CONDITIONS 22
SECTION 4 – REQUIRED FORMS 29
• CONTACT INFORMATION SHEET 30
• CORPORATE RESOLUTION 31
• STATEMENT OF BIDDER’S QUALIFICATIONS 32
• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 33
• DRUG-FREE WORKPLACE PROGRAM 34
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 35
• CERTIFICATION REGARDING LOBBYING 36
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 37
• REFERENCE LIST 38
• SUBCONTRACTOR LIST 39
• ADDENDA ACKNOWLEDGEMENT 40
• LOCAL VENDOR PREFERENCE AFFIDAVIT 41
SECTION 5 – BID PRICE FORM 42
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BID CHECKLIST
This “Standardized Checklist” has been provided to assist the bidders with submitting their bid package. However,
this checklist cannot be construed as identifying all required submittal documents for this project. Bidders remain
responsible for reading the entire bid document to ensure compliance.
At its sole discretion, the City reserves the right to reject all bids, waive all formalities, and disregard all
nonconforming, non-responsive, or incomplete bids. The City specifically reserves the absolute right to determine the
seriousness of any proposer’s failure to conform to the requirements of the proposal document specifically. Bidders
cannot utilize the City’s determination of the seriousness of any specific n on-conformance as a basis to protest the
award of any proposal. Bids may be considered subject to rejection if, in the sole opinion of the City, there is a serious
omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unb alanced unit price, or
irregularities of any kind. The City may reject, as non-responsive, any or all bids where the bidder fails to acknowledge
receipt of Addenda as prescribed.
BID CHECKLIST YES
Completed Checklist
Complete PDF Bid Submittal. The bid submittal should include the following documents:
• Contact Information Sheet
• Corporate Resolution
• Statement of Bidder’s Qualifications
• Non-Collusion Affidavit
• Drug-Free Workplace Program
• Debarment and Suspension Certification
• Lobbying Certification
• Reference List
• Scrutinized Companies Certification
• Addenda Acknowledgement
• Bid Price Form
• Business Tax Receipt (if applicable)
• Proof of Professional Certification (if applicable)
Failure to complete and submit the forms listed on the checklist may result in the rejection of your bid.
_________________________________________ _________________________________________
Authorized Signature Company
_________________________________________ _________________________________________
Printed Name & Title Date
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SECTION 1 – SCOPE OF WORK
1.1 The City of Sebastian has three (3) underground tanks: one gasoline tank with a 10,000-gallon
capacity, one (1) on-road diesel tank with a capacity of 3,000 gallons, and one (1) off-road diesel
tank with a capacity of 3,000 gallons.
1.2 Compensation
1.2.1 All prices shall be firm for the term of this contract. Fuel costs to be paid by the City to
the Contractor will be based on the DTN FastRacks rack averages for Orlando, plus or
minus a firm fixed price increment. Averages are posted in the DTN FastRacks report
distributed each morning.
1.2.2 Customer facilities located in each county will use the same markups. Fuel markups shall
be based on a price per gallon. Prices and the fixed price increment must be shown on all
invoices.
1.2.3 Fuel costs shall exclude any taxes and/or fees the customer is exempt from paying. All
fuel costs will include the DTN FastRacks averages, the Customer’s Markup, and all
applicable taxes and/or petroleum-associated fees allowed.
1.3 Delivery Location: 505 Airport Drive W, Sebastian, FL 32958
1.4 Annual fuel usage: (based on use between Sept. 1, 2022 – Sept. 30, 2023)
1.4.1 87 octane gasoline – 68,692 gallons
1.4.2 On-road diesel – 6,761 gallons
1.4.3 Off-road diesel – 7,990 gallons
1.5 Supply and Deliver:
1.5.1 Regular Unleaded Gasoline 87
1.5.2 Mid-Grade Unleaded Gasoline 89
1.5.3 Premium Unleaded Gasoline 92
1.5.4 Diesel #2 ultra-low sulfur
1.5.5 Diesel #2 ultra-low sulfur – Red Dye
1.6 Unless otherwise requested at the time of order, deliveries shall be within twenty-four (24) hours
after the order. Deliveries shall be made during normal working hours, 8:00 A.M. to 3:00 P.M.
Monday through Friday, unless otherwise specifically requested by the City when placing the order.
Fuel orders may be made via telephone, Fax, or email.
1.7 All transport truck deliveries will be temperature adjusted to 60 degrees Fahrenheit per the latest
edition of the American Society for Testing and Material (ASTM) Table 6B, Volume II, Petroleum
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Measurement Tables. Delivery tickets and invoices shall reflect the net gallons delivered after
temperature compensation.
1.8 The City of Sebastian will accept fuel from trucks with sealed, state-approved, and inspected meters.
Trucks with the State of Florida Department of Agriculture and Consumer Services sealed,
calibrated, and certified compartment tank volume makers for the petroleum product being delivered
are also acceptable. The city agent must sign a delivery ticket and identify the product and quantity.
1.9 In case of an oil shortage due to an embargo or actions by the Federal Government, the successful
bidder will guarantee a fuel supply for the City of Sebastian per Federal regulations in effect at the
time. Additionally, in case of an emergency (i.e., hurricane), the City of Sebastian will have a
priority on deliveries of diesel and gasoline.
1.10 CONTRACTOR MINIMUM QUALIFICATIONS
1.10.1 Bidders that do not meet the minimum requirements listed herein as determined by the
City, at its sole discretion, will be deemed non-responsive and not considered for award.
All decisions made by the City are final.
1.10.2 No contract will be awarded to any BIDDER who, as determined by the CITY, has an
unsatisfactory performance record, inadequate experience, lack of organization, labor,
and/or equipment to perform the required services; and/or is in arrears to the CITY on a
debt or contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or
assessments are delinquent. The City has the right to disqualify any BIDDER that does not
meet any or all qualifications necessary as determined by the City.
1.10.3 BIDDER shall have, as a minimum, two (2) consecutive years of verifiable full-time
experience in providing goods and/or services as requested in this ITB.
1.10.4 BIDDER shall possess all applicable licenses/certifications, etc., that may be required by
federal, state, and local law to furnish services under the scope of this ITB.
1.10.5 Bidder should provide a copy of their business tax receipt if their business is located in
Indian River County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Invitation to Bid (”ITB”): This solicitation document, including any and all addenda.
2.1.2. Bid: Submission in response to this ITB.
2.1.3. Bidder: Contractor submitting a response to this ITB, “pre-award”.
2.1.4. City: Refers to the City of Sebastian.
2.1.5. Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the
signed agreement, and all related documents comprising the totality of the agreement
between the City and the Contractor.
2.1.6. Contractor: The selected bidder is awarded a contract to provide the goods or services to
the City.
2.1.7. Days: Refers to calendar days unless otherwise stated.
2.1.8. Responsible Bidder: Bidder has the integrity, reliability and capability to perform in full
the contract requirement as stated in the RFP.
2.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material respects to the
RFP and its entire requirement, including form and substance.
2.1.10. Shall, Must, and Will: Interpreted as mandatory language.
2.2 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend any award
resulting from this bid for the period necessary to release, award, and implement a replacement
agreement for the commodities and/or contractual services provided in this bid. Such extension shall
be based on the same prices, terms, and conditions this bid outlines.
2.3 CANCELLATION
The City reserves the right to cancel this Invitation to bid, in whole or in part, when it is in the City’s
best interest. Notice of Cancellation will be posted on VendorLink.
2.4 BID GUARANTEE
The bidder warrants that the unit prices, terms, and conditions quoted in the bid are for a period of
not less than ninety (90) days from the solicitation opening date and shall remain in effect for the
contract period.
2.5 BID SUBMISSION
2.5.1. Bid submittals are due at the date and time indicated on the cover page or as amended as
an addendum issued by procurement.
2.5.2. All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to
monitor VendorLink for solicitation opportunities and updates.
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2.5.3. It is the Contractor's sole responsibility to ensure that their response is submitted through
VendorLink no later than the time and date specified in the solicitation or subsequent
addenda. The Contractor is responsible for allowing adequate time to upload their
submittal on VendorLink. If technical difficulties arise during the submission of the
solicitation response, it is the Contractor’s responsibility to contact VendorLink technical
support at support@evendorlink.com. The City shall not be responsible for delays caused
by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or
any other means not specified herein will not be accepted. Acceptable file formats for
upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), and ZIP file
formats, and printing must be enabled on all files submitted.
2.6 EXECUTION OF BID SUBMITTAL
Each bid submittal must include the signature of an officer or employee with the authority to bind
the contractor in the space(s) provided. Only the terms and conditions of this bid, as released by the
City or amended via addendum, are valid. Any modification to any term or condition by the
contractor is not binding unless it is expressly agreed to in writing by the City in advance.
2.7 INTERPRETATION OF BID DOCUMENTS
No interpretation of the meaning of this bid document or correction of any ambiguity, inconsistency,
or error therein will be made verbally to any party. All requests for an interpretation or clarification
of this bid and any subsequent addenda or correction of any apparent ambiguity, inconsistency, or
error will be addressed in writing by the City’s procurement manager. Inquiries must reference the
bid opening date, title, and number. Interpretation of the bid, clarification of bid specifications, and
changes to the bid shall be communicated by written addenda only. Only the written interpretation
or correction given by the procurement manager shall be binding. Verbal responses shall be
considered inadmissible in bid protest proceedings. Bidders are advised that no other source is
authorized to interpret, explain, clarify, or give information regarding the bid documents. Written
addenda shall be signed by the bidder and returned with the bid submission. Failure to return such
addenda may cause rejection of a bid submittal.
2.8 PUBLIC RECORDS
Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal
records shall always be open for personal inspection by any person. Information and materials
received by the City in connection with all bidders’ responses shall be deemed public records subject
to public inspection upon award, recommendation for award, or thirty (30) days after the bid
opening, whichever occurs first. However, certain exemptions to the public records law are
statutorily provided for in Section 119.07, F.S. Therefore, if the bidder believes any of the
information contained in his or her response is exempt from the Public Records Law, the bidder
must, in his or her response specifically identify the material which is deemed to be exempt and cite
the legal authority for the exemption, otherwise, the City will treat all materials received as public
records.
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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 JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.9 NON-COLLUSION
By submitting a bid, the bidder certifies that all information contained in the bid is truthful to the
best of their knowledge and belief. bidder further certifies, under oath, that this bid is made without
any colluded, conspired, connived, or agreed, directly or indirectly, with any other firm, person, or
corporation responding to this solicitation for the same product or service. The bidder further
certifies that the bidder has not divulged, discussed, or compared this bid with other bids and has
not colluded with any other bidder or parties to the bid. Any violation of this provision will result in
the cancellation and/or return of the bidder’s materials (as applicable) and the removal of the bid
from the list(s).
2.10 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All bidders
shall disclose within their bid to the City the name of any officer, director, or agent who is also an
employee of the City. Furthermore, all bidders must disclose the name of any Ci ty employee who
owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its
branches. Please submit to the City all information on any potential conflict of interest related to
providing the goods or services requested in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal considerations
may adversely affect or adversely affect an employee’s professional judgment in exercising any City
duty or responsibility in administration, management, instruction, research, or other professional
activities.
Should the successful bidder permanently or temporarily hire any City employee or Council member
who is, or has been, directly involved with the bidder before or during the performance of the
resulting contract, the Agreement shall be subject to immediate termination by the City.
2.11 PROTEST PROCEDURE
Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms,
conditions, or specifications outlined in this bid or who is adversely affected by a decision of the
City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours
after the solicitation document is posted or after the notice of decision is posted, respectively,
excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later
than 10 days after the Notice of Intent to Protest, excluding Saturdays, Sundays, and state holidays.
The formal written protest must accompany a protest bond, cashier’s check, or money order of one
% (1%) of the total estimated contract value. The Notice of Intent to Protest and formal written
protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street,
Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon
which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or
failure to post the bond, cashier’s check, or money order within the time frames or in the manner
described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
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2.11.1. Decision – If the protest is not resolved by mutual agreement, the Procurement/Contracts
Manager shall promptly investigate the basis of the protest and, after consultation with the
originating department, the City Attorney or any other person or entity deemed necessary, the
Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be
furnished immediately to the protestor and any other party determined by the Procurement/Contracts
Manager to be directly affected by the decision. The decision shall: a) State the decision and the
basis for the decision, and b) Set forth the protestor’s right to administrative review.
2.11.2. Administrative Review –If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager,
provided written notice of such appeal shall be submitted by the protestor to the
Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award.
Any appeal of the decision by the City Manager shall be heard by the City Council or other
appropriate administrative or legal body.
2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the
Procurement/Contracts Manager shall not proceed further with the solicitation or award until all
administrative remedies have been exhausted or until the City Manager or City Council, as
appropriate, makes a determination on the record that the award of a contract is necessary to protect
substantial interests of the City.
2.12 NO-CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor,
or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or
any City employees except any designated Procurement Official or Officials who may be identified
in the procurement documents for purposes of receiving questions or clarifications or for receiving
bid protests. The No-Contact Period shall commence on the initial date of the advertisement for this
bid and continue through, including the date the City Council makes its determination to approve or
reject the final recommendations. Failure to meet any of these requirements may disqualify the
bidder from consideration.
2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may affect their work in any manner. Failure on the part of the Contractor to be
aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility
or liability arising from the contract award. The Contractor assures and certifies that they will
comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor
shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project,
such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire
suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied
due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the
Contractor.
2.14 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is and shall be, in the performance of all Services and activities under this Agreement,
an independent contractor and not an employee, agent, or servant of the City. All persons engaged
in any of the work or services performed under this agreement shall, at all times and in all places,
be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise
control over the means and manner in which it and its employees perform the work. In all respects,
the contractor’s relationship and the relationship of its employees to the City shall be that of an
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independent contractor and not as employees or agents of the City. The contractor has no power or
authority to bind the City in any promise, agreement, or representation. Nothing contained herein
shall be deemed to create an association, partnership, joint venture, or relationship of principal and
agent or master and servant among the parties or any affiliate thereof or to provide any party hereto
with the right, power, or authority whether expressed or implied, to create any such duty or
obligation on behalf of any other party. In its absolute discretion, the City retains the right to reject,
bar, or require the replacement of any employee, subcontractor, or agent of the contractor. Such
rejection shall not relieve the contractor of the obligation to perform all work in compliance with
the bid.
2.15 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this solicitation to include the name,
email address, office telephone, and cell phone numbers of the person(s) to be contacted for the
placement of an order, coordination of services, and to address other issues. This must be provided
if the point of contact differs between regular work hours, after-hours, weekends, and holidays. The
contractor shall ensure that all personnel assigned to work on this project on their behalf must be
dressed appropriately and clean at all times. Any person who is present on the job site on behalf of
the contractor must provide and display on their clothing proper identification at all times. The
contractor must also provide the procurement division with any updates to the primary point of
contact. The City reserves the right to require a change in the contractor’s point of contact at the
City’s sole discretion.
2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the consent and agreement of the contractor, purchases may be made under this bid by other
governmental agencies, political subdivisions within the state of Florida, or any other public entity.
Such purchases shall be governed by the same terms and conditions stated herein. Further, it is
understood that each agency will issue its own purchase order to the contractor. This agreement in
no way restricts or interferes with the right of any other public agency to rebid any or all of these
items.
2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to, the following:
any state of Florida contract, any contract awarded by any other city or county governmental
agencies, other school boards, other community colleges/state university system, cooperative
agreements, or to negotiate/purchase per City policy directly. The City also reserves the right to bid
separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the City's
best interest, at any time during this agreement term.
2.18 PUBLIC ENTITY CRIMES
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, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
"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, nonjury trial, or entry of a plea of guilty or nolo
contendere.
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“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime,
or
2.18.2. 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, or
2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
2.18.4. A person or corporation who knowingly entered into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months.
Bidder certifies that neither the entity proposing, nor any of its 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 and convicted of a public entity crime
subsequent to July 1, 1989. Where the bidder is unable to certify to all of the statement above, bidder
shall attach an explanation to this bid.
2.19 BANKRUPTCY / INSOLVENCY
At the time of bid submission, the contractor shall not be in the process of or engaged in any type of
proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership
proceedings. If the contractor is awarded a contract for six (6) months or longer, and files for
bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel
the agreement, in which event all rights hereunder shall immediately cease and terminate.
2.20 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this ITB can be terminated immediately for cause if contractor is
found to have failed to perform services in a manner satisfactory to the City; or the City may
terminate without cause upon thirty (30) days’ written notice to the bidder. In the event of either
termination, the contractor shall be compensated for all services performed to the City’s satisfaction.
The City shall be sole judge of non-performance.
2.21 RIGHT TO REJECT
The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept
the bid(s), which in its sole judgment best serves the interest of the City.
More than one bid from an individual, bidder or association under same or different names, will not
be considered.
2.22 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless
otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225
Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which
indicates the basic information listed below.
a) Name of the business organization as specified on the Contract between City and Contractor
b) Date of invoice
c) Contractor’s invoice number
d) Contractor’s federal identification number on file with the state
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e) City purchase order number and bid number
f) Unit price of the goods, services or property provided
g) Extended total price of the goods, services or property
h) Applicable discounts
i) Description of provided goods or services
j) Quantity of provided goods or services
k) Date(s) of delivery of provided goods or services
l) Location provided goods or services were delivered
Any invoice submitted as a result of the award of this bid shall be itemized matching the items on
the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple
line purchase orders. An invoice can only reference one purchase order number. Invoices that do not
reference valid purchase order number will be returned to the contractor for resolution of the
discrepancies and resubmitted.
It shall be understood that invoices shall not be authorized for payment until the work is inspected
by the respective City representative and payment is approved. The City will pay the contract price
minus any liquidated damages, back charges and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for Work completed by the
contractor during various phases of the Work assignment in accordance with the unit pricing
provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure
to submit invoices in the prescribed manner will delay payment.
2.23 DIRECT PURCHASES
The City, as a holder of a current Consumer’s Certificate of Exemption, reserves the right to make
direct purchases of any materials and/or equipment included in the project to achieve sales tax
savings. The City shall coordinate such purchases with the Contractor. To the extent requested by
the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection,
insuring (as to those items that will be installed by Contractor), inspection, installation and testing
of any materials purchased by the City, and for the management and administration of any warranty
claims pertaining to such materials and equipment. Furthermore, furnished and installed materials
directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price
(GMP). Contractor shall provide a bid that includes all costs to complete the project.
2.24 PAYMENT
The City will only pay the dollar amounts as authorized on the purchase order. Payment will be
made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the
commodities or contractual services provided by the contractor have been received, inspected, and
found to comply with award specifications, free of damage or defect, and properly invoiced.
Payment for partial shipments shall not be made unless specified in the purchase order. Failure to
follow these instructions may result in delays in processing invoices for payment. The purchase
order number must appear on invoices, bills of lading, packages, cases, delivery lists, and
correspondence.
2.25 PRICE ADJUSTMENTS
2.25.1. In the event of unforeseen circumstances that directly impact the goods/services provided
under this bid, the City of Sebastian will consider a price adjustment request. Upon receipt
of the Contractor’s written request for a price adjustment, the City may allow an escalation
equal to the Southeaster Consumer Price Index as of May 1st of that current year, not to
exceed 3% of that current year’s annual contract price.
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2.25.2. The Contractor shall submit the price request to the Procurement Division thirty (30)
calendar days before the requested effective increase date. The City may approve a price
increase at its sole discretion.
2.25.3. Any purchase order issued before the approval of the price increase will not be modified.
2.25.4. The contractor shall not be entitled to an automatic increase in labor rates due to minimum
wage increases without providing a request for adjustment at least 30 days before the
effective change.
2.26 AVAILABILITY OF FUNDS
The obligations of the City under this agreement are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City
Council.
2.27 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identify any and all subcontractors and/or suppliers that will be used in the
performance of the proposed contract and to clearly identify in their submission the names, portions
and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be
solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the bid
and contract documents creates any contractual relationship between any subcontractor or suppliers
and the City of Sebastian. Contractor shall be responsible for the timely payment of its
subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with
these payment requirements will place the contractor in default of the contract.
2.28 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or
of any or all of its rights, title, or interest therein, or its power to execute such agreement to any
person, firm, or corporation without prior written authorization by the City.
2.29 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the commodities from
use, as specified herein, will not relieve the contractor from responsibility.
2.30 DISCRIMINATION
The bidder shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City
of Sebastian will not knowingly do business with vendors, bidders, or contractors who discriminate
on those protected by state and federal law. Through the course of providing services to the City,
contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights
Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as
well as all other applicable regulations, guidelines and standards. Any person who believes their
rights have been violated should report such discrimination to the City.
2.31 AUDIT AND INSPECTION
The City or their representative reserves the right to inspect and/or audit the contractor's documents
and records as they pertain to the products and services delivered under this bid. Such rights will be
exercised with notice to the contractor to determine compliance with and performance of the term s,
conditions, and specifications on all matters, rights, duties, and obligations established by this bid.
Documents or records in any form shall be open to the city’s representative and may include but are
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not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or
sub-contracts that directly or indirectly pertain to the transactions between the City and the
contractor.
2.32 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its
officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons
employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement;
regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross
negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors,
agents or employees. Upon request of the City, the contractor or its subcontractor(s) shall, at no cost
or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any
loss, damage or liability specified above, and the contractor or its subcontractor(s) shall pay any cost
and reasonable attorneys’ fees that may be incurred by the City in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as
the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other
sovereign or governmental immunity. This provision shall survive the termination of this bid.
2.33 CONTRACTS AND AMENDMENTS
The contents of this bid and all provisions of the contractor’s submittal shall be considered an
agreement and become legally binding. Any changes to the provisions hereinafter award must be in
writing and signed by both Parties.
2.34 SCRUTINIZED VENDOR CERTIFICATION
Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or
services to the City, that it:
2.34.1. Does not participate in a boycott of Israel; and
2.34.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.34.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.34.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.34.5. Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian
shall provide notice, in writing, to the bidder of the City’s determination concerning the false
certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
bidder determines, using credible information available to the public, that a false certification has
been submitted by the bidder, this contract may be terminated and a civil penalty equal to the greater
of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said
certification must also be submitted at the time of Contract renewal.
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Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local
government entities from: 1) contracting with companies for goods or services in any amount if at
the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods
or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations
in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance
hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the Scrutinized Companies that Boycott Israel List;
engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations
in Cuba or Syria.
2.35 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt, as well as any licenses required by
Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. Contractors who are required
to be registered with the Florida Department of State, Division of Corporations or who are
incorporated within the state of Florida must furnish their Florida document number and a screenshot
of their “active” status. All registered contractors must have an active status to be eligible to do
business with the City. Contractors doing business under a fictitious name, on page 1, must submit
their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ
Company. If the contractor is not located in Florida, the contractor must provide their state’s
document number and a screenshot of their current, date-identified “active” status with their
submittal.
All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to
starting work. If the bidder is a State Certified General Contractor, or a State Registered General
Contractor the bidder must be registered with the City of Sebastian.
2.36 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or
vendors doing business with the City are not exempted from paying said taxes to their supplier for
goods or services purchased to fulfill the contractual obligations with the City, nor shall any
contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such
materials.
2.37 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in response to
this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119
Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously
provide the City with a separate redacted copy of its response. The redacted copy shall contain the
City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly
titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis
for the exemption. The contractor shall be responsible for defending its determination that the
redacted portions of its response are a confidential, trade secret, or otherwise not subject to
disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from
or relating to the contractor’s determination that the redacted portions of its response are
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confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails
to submit a Redacted Copy with its response, the City is authorized to produce the entire documents,
data, or records submitted by the contractor in response to a public records request for these records.
2.38 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing the City the same
or better pricing than other governmental agencies. If during the term of this agreement, the City
identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price.
2.39 LIQUIDATED DAMAGES
The contractor agrees to the use of liquidated damages in the event the contractor fails to perform
by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the
Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar
day that the Contractor shall be in default after the time stipulated in the Agreement for completing
the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but
liquidated damages for breach of contract
On the occasion where the contractor is in default of the Agreement, or any material provision
thereof, or fails to remedy any deficiency in performance, the City may procure the necessary
supplies or services from an alternative source and hold the contractor financially responsible for
any excess costs incurred. The difference between the Bid price of the product or service and the
actual price paid may be deducted from any current or future obligations owed to the contractor as
liquidated damages.
2.40 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty, requirement, or
obligation under this agreement that is due to any of the following causes, to the extent beyond its
reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of
God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities,
changes in laws or regulations strikes, or other labor disputes, or because of any other matter or
condition beyond the control of either party and which cannot be overcome by reasonable diligence
and without unusual expense.
2.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory performance during
the term of this bid. The report may become an important part of the contractor’s history. The report
and process will assist the City in determining whether there is a continuing pattern of problems that
may need to be addressed through termination of contract and/or suspension of the contractor from
future bidding.
2.42 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding
Executive Order 11-02; Certification 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 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. The contractor shall (1) enroll in the U.S. Department of Homeland
Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new
employees hired during the term of the contract (3) utilize E-Verify to verify the employment
eligibility of all employees assigned to the contract; and (4) shall expressly require any
subcontractors performing work or providing services pursuant to the contract to likewise utilize E-
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Verify to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term. Information on registration for and use of the E-Verify system can be obtained at
the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify.
2.43 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in an 8
U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer
to E-Verify Acknowledgment in solicitation documents.
2.44 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, the bidder certifies the following:
2.44.1. A written statement is published notifying employees 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.
2.44.2. Employees are informed about the dangers of drug abuse in the work place, the bidder’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.
2.44.3. Employees are notified that as a condition of working on the commodities or contractual
services being solicited, they will notify the employer of any conviction of, plea of guilty
or nolo contendere to, any violation of Chapter 893, or 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.
2.44.4. The bidder/employer imposes a sanction, 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.
2.44.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
2.45 DEBARMENT AND SUSPENSION
2.45.1. bidder certifies to the best of its knowledge and belief that it and its principals:
2.45.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.45.3. Have not within a three-year period preceding this application been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, s tate, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
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2.45.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
2.45.5. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State or local) terminated for cause or default.
2.45.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.46 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.
2.47 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor by the City
under this contract. The contractor will not use such data for any purpose other than providing
services and support to the City under this bid, nor will any part of such data be sold, assigned,
leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of
performance of the Services) or commercially exploited by or on behalf of the contractor. The
contractor will not possess or assert any lien or other right against such data.
2.48 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with the City
and/or any other parties shall take place via secure means using current industry approved encryption
standards.
2.49 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in
Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification
Event"), Contractor will notify the City immediately and will comply with the requirements of
Section 501.171, F.S. assume responsibility for all costs associated with complying with the breach
notification and informing all such individuals by applicable law. The C ontractor agrees to
indemnify, hold harmless and defend the City and its trustees, officers, and employees from and
against any claims, damages, or other harm related to such Notification Event.
2.50 COPYRIGHTS
The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service
marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared
for the City which is eligible for copyright protection in the United States or elsewhere shall be work
made for hire as a commissioned work. If any such work is deemed for any reason not to be work
made for hire, Consultant assigns all right, title and interest in the copyright in such work, included
but not limited to copyrights in text, two-dimensional and three-dimensional representations or
animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance
reasonably requested by the City in the establishment, preservation and enforcement of its copyright
in such work, such assistance to be provided at the City’s expense but without additional
compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under
Federal, State or International law, relating to the work developed or produced, i ncluding without
limitation any and all rights of identification of authorship and any and all rights of approval,
restriction or limitation on use of subsequent modification.
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2.51 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written notice, sent
by registered United States mail, with return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice in compliance with the
provisions of this paragraph. For the present, the Contractor designates the address set forth on the
first page of this bid document as its place for receiving notice, and the City designates the following
address for such notice:
City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
The award shall be made to the lowest, most responsive, and responsible contractor(s). The City
reserves the right to make multiple awards in its best interest. The City reserves the right to reject
any and/or all bids and to waive any minor irregularity or technicality. Payment discounts will not
be considered for bid evaluation purposes.
3.2 LENGTH OF CONTRACT AND RENEWAL
This solicitation establishes a term contract for two (2) years with two (2) 24-month renewal options.
In the event supplied services are scheduled to end due to expiration of the contract, awarded
BIDDER, if requested by the CITY, and at the mutual written agreement of both parties, will
continue performing services as needed beyond the existing contract expiration date. Awarded
BIDDER shall be compensated at the rate(s) in effect when contract extension amendment is
executed by both parties unless otherwise agreed to by the CITY.
3.3 LOCAL VENDOR PREFERENCE
Effective October 14, 2009, the City of Sebastian adopted a local vendor preference.
City Code Sec. 2-11. Local Vendor Preference Policy
(a). Definitions.
(1) Local business means the vendor has:
a) A valid business tax receipt issued by the City of Sebastian or by Indian River County at
the time a bid or proposal is submitted, and
b) A physical address located within the local area, in an area zoned for the conduct of
such business, from which the vendor is operating a significant portion of its business,
and at which it maintains full-time employees.
(2) Nonlocal business means any vendor that does not meet the definition of a business within
the local area.
(b) Establishment as local area business. To establish that a vendor is a local area business a
vendor shall provide written documentation of compliance with the definitions for each such
local business as defined in subsection (1) herein, at the time of submitting a bid or Bid. Post
office boxes are not verifiable and shall not be used for the purpose of establishing the required
physical business address. A vendor that misrepresents the local area status of its Bidder in a
Bid or bid submittal to the city will lose the privilege to claim local preference status for a
period of two years.
(c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to
local area businesses in the purchase of commodities, person property, general services,
personal property, professional services, and the purchase of or contract for construction or
renovation of public works or other public improvements by means of competitive bid. The
city shall give such preference to local area businesses in the following manner:
(1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the
price order of the bids received will be evaluated and determined.
When a qualified and responsive nonlocal business submits the lowest price bid, and the
lowest bid submitted by a qualified and responsive local area business is within five percent
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of the lowest bid, then the lowest bidding local area business shall have the opportunity to
submit an offer to match the price submitted by the lowest nonlocal area business Bidder.
Within five working days after the posting of the qualified and responsive bids, any local
area business that has submitted a qualified and responsive bid within five percent of the
lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest
bid, shall submit a written offer to match the lowest bid. If the lowest local area business
submits an offer that matches the lowest bid submitted, then the award shall be made to
such local business.
If the lowest local area business Bidder declines or is unable to match the lowest bids, then
the option to do so moves to the next qualified and responsive local area business if its bid
is within five percent of the lowest bids, and it is a qualified and responsive Bidder.
If the lowest bid is submitted by a qualified and responsive local area business, there is no
local vendor preference.
If a qualified and responsive local area business accepts the opportunity to match the lowest
bid of a nonlocal area business and that bid is based on unit price bid items and estimated
quantities, then the unit prices for all bid items shall be reduced in proportion to the
reduction in the local area business’s total bid amount required to match the lowest total
bid.
(2) Ties. In the event of any tie in the final bid price between a qualified and responsive local
area business, and a nonlocal area business, a contract award, or the first opportunity to
negotiate, as applicable, shall be made to the local area business. In the event of any two
businesses located within the City of Sebastian, or two businesses located within the greater
local area, the local vendor with the greatest number of full-time employees working in the
City of Sebastian or the greater local area respectively shall be awarded the contract or
receive the first opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy set forth herein shall
not apply to any of the following purchases or contracts:
(1) Goods or services provided under a cooperative purchasing agreement or piggyback
agreement; or
(2) Purchases or contract which are funded, in whole or part, by a governmental entity and the
laws, regulations, or policies governing such funding prohibit application of that
preference; or
(3) Purchases made or contracts let under emergency or noncompetitive situations, or for
litigation related legal services, as described in the City’s purchasing policies; or
(4) Purchases or contracts with an estimated cost of $5,000.00 or less; or
(5) Purchases or contracts where the difference between the amount of the low bid submitted
by a qualified and responsive nonlocal area business and the lowest bid submitted by a
qualified and responsive local area business is greater than $25,000.00; or
(6) Where all bids are rejected.
(e) Waiver of the application for local vendor preference policy. Any request for the waiver of
local preference to any particular purchase or contract must be heard by the City Council prior
to advertising the bid. The City Council, as the awarding authority, may approve the waiver of
local preference upon review and at its discretion.
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(f) Comparison and review of qualifications. The preferences established herein no way prohibit
the right of the City of Sebastian to compare and review the quality of materials bid for
purchase, and to compare and review the qualifications, character, responsibility and fitness of
all persons, Bidders or corporations submitting bids or Bids. Furthermore, the local preference
established herein shall not prohibit the city from giving any other preference permitted by law
in addition to the local preference contained herein.
(g) Administration of local preference policy. This policy shall apply to all departments, functions
and funds under the governance of the City of Sebastian, unless subsection (d) applies.
(h) Dispute resolution. Any dispute arising under the provision of this section shall first be
presented to the City Manager for determination. The decision of the City Manager shall be
appealable to the City Council, and the decision of the City Council shall be final and binding
on all parties.
3.4 CHANGE ORDERS
3.4.1. Without invalidating the contract documents, and without notice to the surety, the City
of Sebastian reserves the right to make increases, decreases or other changes in the
character or quantity of the work under the bid and contract documents as may be
considered necessary or desirable to complete the work in a manner satisfactory to the
City of Sebastian. The City reserves the right to order changes which may result in
additions to or reductions from the amount, type or value of the work shown in the bid
or contract documents, provided that they are within the general scope of the bid
documents or contract documents.
3.4.2. All changes will be authorized only by a written change order utilizing the City’s
standard form and approved in advance of the change by the designated project manager
of the City. The contractor is required to provide the project manager with a detailed
cost breakdown of material costs, labor costs, labor rates by trade, and work
classification and overhead rates supporting the amount of the change, as well as an
explanation of the cost and any revision to the Project completion time. If the contractor
fails to notify the project manager of any schedule changes associated with the proposed
change, it will be deemed to be an acknowledgement by contractor that the proposed
work will not have any scheduling consequences. Any net increase to the pricing must
also be approved and documented with a revised purchase order by City.
3.5 PROJECT COORDINATION
Contractor shall commit to participating in regularly scheduled (i.e. weekly or bi -weekly) project
coordination meetings with the contractor’s designated representative and City’s Project Manager
throughout the duration of the project and adhere to all CDC guidelines concerning COVID-19.
3.5.1. A City project manager will be assigned to oversee all assigned work to ensure adherence
to schedules and service quality throughout the project’s progression and submittal of final
payment. The project manager will periodically inspect the work being performed to ensure
compliance with the requirements of the agreement. If the requirements are not
satisfactorily being met, the City shall require the contractor to correct any discrepancies,
inconsistencies, or faults immediately at no additional cost to the City. The contractor shall
understand and agree to the following:
3.5.1.1. Contractor shall be solely responsible and assume all liability for the supervision,
direction of all work, and for all means, methods, techniques, sequences,
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procedures, and coordination for all services under the agreement; contractor shall
ensure enough personnel, materials, supplies, means of transportation, tools and
equipment are made available to perform the services; and
3.5.1.2. Contractor shall at all times provide a responsible, knowledgeable, English
speaking worksite supervisor or representative, who has decision making
authority; and
3.5.1.3. Contractor shall be solely responsible to the City for the acts and omissions of their
subcontractors, agents, employees, and any other persons performing any service
under this agreement; and
3.5.1.4. The practices methods and materials utilized in the work within or adjacent to any
structure must conform to any applicable local, state and federal regulations and
codes.
3.6 SITE INSPECTION AND DUE DILLIGENCE
Bidders are obligated to carefully examine the project specification, as well as exercising due
diligence regarding any and all current and pre-existing conditions at the project site. Prior to
submitting their bid, the bidder shall be responsible for visiting the project site and becoming
familiar with any conditions which may affect the work to be performed. Prior to the commencement
of work, the contractor shall submit photographs and/or video recordings to the project manager to
document any and all such pre-existing damage to the roadways, driveways, approaches, tree trucks
or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the
project site and/or any surrounding areas to be accessed and/or utilized by the contractor. Any
damage to public and/or private property resulting either directly or indirectly from the execution of
the project by the contractor shall be repaired or replaced at the sole expense of the contractor in a
manner acceptable to the City. Failure to properly document such pre-existing conditions and to
submit said documentation as required, may render the contractor liable to repair any such damage
at no expense to the City. No additional allowances shall be made due to the bidder’s lack of
knowledge of the project requirements and site conditions.
3.7 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of the work for this
bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize
additional costs during the period of work stoppage. The City may subsequently either cancel the
stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or
terminate the work in accordance with the provisions of the bid terms and conditions.
3.8 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the City to purchase
these amounts. The City reserves the right to re-negotiate prices if, at any time during the term of
the agreement, the City purchases more than the estimated quantities in this bid.
3.9 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian, the awarded contractor shall be responsible for
any damage to the City of Sebastian property, personal property or visitor property due to any type
of negligence on the part of the awarded contractor, their employees or other agents. The contractor
must show reasonable attempt to avoid damage to City or private property under all conditions. The
awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by
the awarded contractor, their employees or their agents. The contractor must not drive or park
24-18-ITB
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equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions
on grassy areas, the contractor must contact the project manager for recommendations or
workarounds prior to commencing the work. Any damages, including damage to finished surfaces
and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned
to the satisfaction of the project manager. Any public or private property damaged by the contractor
or a representative during the services shall be repaired or replaced to the satisfaction of the project
manager at no cost to the City. The project shall not be considered complete until incurred damages,
if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager.
3.10 REMOVAL OF DEBRIS
Contractor shall at all times, during the performance of services, keep the worksite free and clear of
all rubbish and debris. Any material or waste generated by contractor or its employees, agents and
Subcontractors shall be removed and disposed of by the contractor at its expense, to the satisfaction
of the City. The contractor assumes all liability for accidents that may occur due to any debris,
equipment, tools, and worksite hazards.
3.11 INSURANCE
3.11.1. The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with exception to Workers Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. A
renewal certificate shall be issued thirty - (30) days prior to said expiration date. The
certificate shall provide a thirty - (30) day notification clause in the event of
cancellation or modification to the policy.
3.11.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as
a minimum mandatory condition precedent to this work, procure and maintain
insurance of the types and to the limits specified below, at their own expense and without
cost to the City, until final acceptance by the City of all products or services covered
by the purchase order or contract.
3.11.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
3.11.4. Minimum coverage with limits and provisions are as follows:
3.11.4.1. Commercial General Liability: The Successful Bidder shall provide
minimum limits of $1,000,000 each occurrence, $2,000,000 general
aggregate combined single limit for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products, completed operations, contractual liability, specifically
confirming and insuring the indemnification and hold harmless clause of
the contract. This policy of insurance shall be considered primary to and
not contributing with any insurance maintained by the City and shall name
the City as an additional insured with waiver of subrogation noted on the
Certificate of Liability. The policy of insurance shall be written on an
“occurrence” form.
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3.11.4.2. Business Automobile: Successful Bidder shall provide minimum limits of
liability of $1,000,000.00 each accident, combined single limit for bodily
injury and property damage. This shall include coverage for:
• Owned Automobiles
• Hired Automobiles
• Non-Owned Automobiles
3.11.4.3. Umbrella/ Excess Liability: Successful Bidder shall provide
umbrella/excess coverage with limits of no less than $1,000,000.00 excess
of Commercial General Liability, Automobile Liability and Employers
Liability. *This coverage is optional if Successful Proposer has
$2,000,000 General Aggregate under the Commercial General Liability
Policy. **
3.11.4.4. Workers' Compensation: The Successful Bidder shall provide and
maintain workers’ compensation insurance for all employees in the full
amount required by statute and full compliance with the applicable laws
of the State of Florida (Florida Statutes Chapter 440). Exemption
certificates to this requirement are not acceptable. The policy(ies) must
include Employer’s Liability with minimum limits of $1,000,000 each
accident and a waiver of subrogation.
3.11.4.5. Pollution Liability (when applicable): Successful Bidder shall provide and
maintain pollution liability Insurance covering Contractor’s or appropriate
subcontractor’s liability for bodily injury, property damage and
environmental damage resulting from sudden accidental and gradual
pollution and related cleanup costs incurred by Contractor, all arising out
of the Goods delivered or Services (including transportation risk)
performed under this Contract is required. Combined single limit per
occurrence shall not be less than $1,000,000 (one million dollars). Annual
aggregate limit shall not be less than $1,000,000 (one million dollars).
3.11.4.6. Professional Liability Insurance or Errors and Omissions Insurance (when
applicable): Successful Bidder shall provide professional liability
insurance, or Errors and Omissions Insurance, with a minimum limit of
$1,000,000.00 aggregate with respect to acts, errors or omissions in
connection with professional services to be provided under this
Agreement. Any deductible is not to exceed $5,000.00 for each claim. The
consultant represents it is financially responsible for the deductible
amount.
3.11.5. An endorsement to the Commercial General Liability or Automobile Liability policy,
covering Contractor’s or subcontractor’ liability for bodily injury, property damage and
environmental damage resulting from sudden accidental and gradual pollution and related
clean-up cost incurred by the Contractor that arise from the Goods delivered or Services
(including transportation risk) performed by Contractor under this Contract is also
acceptable.
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3.11.6. The Contractor shall declare any self-insured retention or deductible amount in excess of
$5,000 for any policy. The City reserves the right to reject any self-insured retention or
deductible in excess of $5,000.
3.11.7. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best
Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to
ensure that all subcontractors comply with the insurance requirements set forth in this
Agreement. The City may request a copy of the insurance policy according to the nature of
the project. City reserves the right to accept or reject the insurance carrier.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SECTION 4
REQUIRED
FORMS
24-18-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 30 of 42
CONTACT INFORMATION SHEET
Bids due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check Addenda for any revised opening dates
before submitting your bid. Bid(s) received, after
the date and time stated above, will not be
opened.
DUE DATE:
08/14/2024
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Citywide Fuel Supply
ITB NO.: #24-18-ITB
Bidder’s Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the ITB document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful
to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of the bidder names
above and that the bidder is ready, willing, and able to perform if awarded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the
goods and /or services specified in the ITB at the prices or rates in my bid and prices will remain bidder for a period
of ninety-(90) days in order to allow the City adequate time to evaluate the bid.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each bid submittal must include the signature of an officer or employee with the authority to bind the
contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be
provided. If a corporate resolution is not provided for the bid submittal, the bid submittal shall be marked non-
responsive.
The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best
interest and waive any non-substantial irregularities.
24-18-ITB
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Page 31 of 42
CORPORATE RESOLUTION
I, ______________________________, Board President of ______________________________, a
corporation organized and existing under the laws of the State of _____________________, hereby certify
that at a meeting of the Board of Directors of the Corporation duly called and held on
_____________________, 202__, at which a quorum was present and acting throughout, the following
resolutions were adopted and are now in full force and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of this
corporation a bids and agreements, of which bids and agreements include a hold harmless and
indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized to act
under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal
of the corporation this _____ day of ____________, 2024.
Board President Signature: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization,
this _______ day of _______________, _______ (year) by _____________________________, who is personally
known to me or who has produced _______________________________ as identification and who did (did not) take
an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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Page 32 of 42
STATEMENT OF BIDDER’S QUALIFICATIONS
Project: Citywide Fuel Supply
ITB # 24-18-ITB
Name of Bidder: ____________________________________________________________
Professional License (include name and license ) ____________________________________
(1) How long has your organization performed services under your present name?
(2) How long has your company provided fuel supply and delivery services as a contractor or
subcontractor?
(3) Has your organization, any officer, or partner failed to complete any work awarded to you? If so,
where and why?
(4) Has your company been in disputes or litigations in the last five (5) years over past or present
projects? If so, describe the nature of the dispute or litigation and state the Owner's Name, Address,
Telephone, and number of disputes or litigations. (Use additional sheets if necessary.)
(5) Has the bidder’s organization 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? ( ) YES ( ) NO
(6) Has the bidder’s organization been declared in default, terminated, or removed from a contract or
job related to the services your company provides in the regular course of business within the last
five (5) years ( ) YES ( ) NO
(7) Has your organization filed any request for equitable adjustment, contract claims, protest, or
litigation in the past five (5) years related to the services provided in the regular course of business?
( ) YES ( ) NO
I hereby certify that all statements made are true and I agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this ITB
for the City of Sebastian.
Signature of Contractor’s Authorized Official Date
Name and Title of Contractor’s Authorized Official
24-18-ITB
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Page 33 of 42
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in
connection with the Agreement for which the attached bid has been submitted or to refrain from
proposing in connection with such Agreement, 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 bid or of any other bidder, or to fix any overhead, profit or
cost element of the bid price or the bid price of any other bidder, or to secure through an collusion,
conspiracy, connivance or unlawful Agreement any advantage against the City of Sebastian,
Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
24-18-ITB
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Page 34 of 42
DRUG-FREE WORKPLACE PROGRAM
In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with
drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal
with respect to price, quality, and service for the procurement of commodities or contractual services, a bid
or reply received from a business that certifies that it has implemented a drug-free workplace program shall
be given preference in the award process. Established procedures for processing tie bids will be followed
if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace, not later than five (5) days
after such conviction.
5) Impose a sanction on or require 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.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign such statement, I certify that the firm complies fully with the above
requirements and indicate the program was implemented.
Authorized Signature
Company
Date
24-18-ITB
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Page 35 of 42
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As
such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR
§ 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is
later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR
Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and
2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
_____________________________________ _____________________________________
Authorized Signature Address
_____________________________________ _____________________________________
Printed Name & Title City, State, Zip Code
_____________________________________ _____________________________________
Company Date
24-18-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 36 of 42
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
(TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor ______________________________ certified or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
24-18-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 37 of 42
CERTIFICATION REGARDING PROHIBITION AGAINST
CONTRACTING WITH SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-
owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for
the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby
certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned
subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the
purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the
Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute.
I understand and agree that the County may immediately terminate any contract resulting from this
solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as
defined above by Florida law) are found to have submitted a false certification or any of the following occur
with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that
Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one
million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have
been engaged in business operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
24-18-ITB
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Page 38 of 42
REFERENCE LIST
Company Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and performance,
within the last five (5) years. At least two (2) of these references should be government entities with a
minimum of 150 or more employees. The City will conduct Reference Checks for the provided references.
If the contact information is incorrect or the reference does not respond, the proposer will lose points
awarded for this criterion. Use additional sheets as necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
24-18-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 39 of 42
SUBCONTRACTOR LIST
Company Name:
Solicitation Title:
Citywide Fuel Supply
Solicitation # 24-18-ITB
NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP on this project,
whether they were selected or not. If sub-contractors will not be used on this agreement, check the box below.
Form must be submitted with your RFP. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub -contractors who have previously
failed in the proper performance of an award, or failed to deliver on time contracts of a similar natu re, or who is
not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -
contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed and
Percentage of Work to be
Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this agreement.
Authorized Signature
Printed Name & Title
Date
24-18-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 40 of 42
ADDENDA ACKNOWLEDGEMENT
Company Name:
Solicitation Title:
Citywide Fuel Supply
Solicitation # 24-18-ITB
Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding of the
issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be
considered non-responsive. To confirm the number of addenda (if any), the bidder may contact the Procurement
Division at (772) 388-8231.
ADDENDUM # DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
24-18-ITB
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Page 41 of 42
LOCAL VENDOR PREFERENCE AFFIDAVIT
Legal Name of Firm:
Contact Person: Telephone:
Email Address:
Remit Address:
Physical Address:
Sebastian or County Tax Receipt Number: Current Date Issued
☐ Required copies attached? Previous Date Issued
Number of full-time employees working in the City of Sebastian (for
city preference) or Indian River County (for county preference):
I certify that my company meets the following qualifications to be eligible for local vendor preference:
(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River County at
least one (1) year before the opening of a bid for which the business may seek local vendor preference,
and
(2) Maintains a physical business address located within the City of Sebastian or Indian River County, from
which the vendor is operating or performing its business and at which it maintains full-time employees.
Note: A post office box shall not be considered a physical business address.
I certify that the foregoing statements are true and correct under the penalty of perjury. I also acknowledge
that any person, firm, corporation, or entity intentionally submitting false information to the City in an
attempt to qualify for local preference shall lose the privilege to claim local preference status for a period of
two (2) years.
____________________________________ _____________________
Authorized Signature Date
____________________________________ _____________________
Printed Name Title
NOTARY
____________________________________ _____________________
Witness Date
24-18-ITB
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Page 42 of 42
SECTION 5 – BID PRICE FORM
The bid prices shall remain good for ninety (90) days after the due date of this ITB. By signing
below, the Bidder certifies that the price quoted represents and includes the entirety of the work,
fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB
documents.
By affixing their signature to the Bid Price Form, the Bidder hereby states that they have read all bid
specifications, terms, and conditions outlined in the ITB and agree to such. Bidder declares that the
individual signing this Bid Price Form has the legal capacity to sign on behalf of Bidder and to
contractually obligate Bidder.
Furthermore, Bidder hereby agrees to provide the services described in the ITB for the unit or lump
sum prices as noted below, which includes all supervision, labor, materials, equipment, supplies,
machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit, applicable taxes and
costs of all kinds necessary to complete the services.
Description Per Gallon Markup (+/-)
To Wholesale Rack Price
500 Gallon Minimum Delivery
Premium Unleaded 87
Premium Unleaded 89
Premium Unleaded 92
Diesel #2 Ultra Low Sulfur
Diesel #2 Ultra Low Sulfur – Red Dye
Tank wagon Delivery - No Minimum Delivery
Premium Unleaded 87
Premium Unleaded 89
Premium Unleaded 92
No Minimum Delivery
Diesel #2 Ultra Low Sulfur
Diesel #2 Ultra Low Sulfur – Red Dye
All prices shall be F.O.B. Destination unloaded and placed in its designated location at the City of Sebastian
Public Works Compound, 505 Airport Drive W, Sebastian, FL 32958.
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