HomeMy WebLinkAboutPre-LegislationRe N um ber: 13-00654
City of Miami
Legislation
Resolution: R-13-0246
City Hall
3500 Pan American
Drive
Miami. FL 33133
www.miarrigov.com
Final Action Date: 6r2",2613
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GOVERNMENT ACCOUNT
HOLDER APPLICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH KROPP HOLDINGS, INC., TO PURCHASE FUEL FOR THE CITY OF
MIAMI'S HELICOPTER, AT THE DEPARTMENT OF DEFENSE. DEFENSE
LOGISTICS AGENCY'S CONTRACTUAL PRICE, WITH THE GROSS AMOUNT OF
PURCHASES SUBJECT TO A 2.95% FEE, IN AN ANNUALAMOUNT NOT TO
EXCEED 540,000: ALLOCATING FUNDS FROM THE AVIATION UNIT'S BUDGET
OF THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 00001.191501.552010.0000.00000.
WHEREAS, pursuant to Resolution Numbers 06-0005 and 06-0210. adopted January 12, 2006
and April 6. 2006, respectively, the City Commission authorized the Department of Police to participate
in the Into -Plane Reimbursement "AIR" Card Program that allowed law enforcement agencies the use
of the AIR Card to buy fuel for aircraft at United States Military prices, from the Defense Logistics
Agency ("DLA"): and
WHEREAS. DLA has changed their business practices and now has a contract with a private
company for the purchase of fuel: and
WHEREAS, the City of Miami ("City") can continue to participate in the program by completing
the DLA Energy request form, which will be forwarded to Kropp Holdings. Inc. to verify that the City is
an eligible participant: and
WHEREAS, the Department of Police wishes to participate in the program in order to continue
to purchase aircraft fuel at DLA's discounted prices;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized$1I to execute a Government Account Halder
Application Agreement, in substantially the attached form, with Kropp Holdings, Inc., to purchase fuel
for the City's helicopter, at the Department of Defense, DLA's contractual price, with the gross amount
of purchases subject to a 2.95% fee, in an annual amount not to exceed $40,000, with funds allocated
from the Aviation Unit's budget of the Department of Police's General Operating Budget, Account
Code No. 00001.191501.552010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Ort' of,-lf and Pa,e 1 of 2 Fife Ith 13-006.51 0 rsion: 2) Printed On: 9i10128l3
File Number: 13-00664
Footnotes:
Erttrempew \iunber; R-13-0246
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
CO. 0j"Wiurtri Pulte 2 of 2 rile Id: 1.1-00634 0 ersivrr: 2) Printed Ory 9, 1012011
"EXHIBIT I"
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8650 College Bovdevcrd I Overland Park, Kansas 66210 USA I www.KH]nc.com
GOVERNMENT ACCOUNT HOLDER APPLICATION AGREEMENT
THIS AGREEMENT effective from 2013 and beyond is between Kropp Holdings, Inc, (KHI), a company registered
and existing under the laws of the state of Maryland, United States and the government entity as listed on the registration form
(Account Holder).
Instant Acceptance at More Merchants Worldwide
Designed specifically for aviation fuel and aviation related products, KHl branded card program is accepted at designated Fixed
Base Operators (FBOs) or other service providers to pay for agreed upon fuel and all other authorized fuel related services.
Fuel, product and service availability is dependent upon the individual merchant.
Usage of the card by the Account Holder or authorized representative indicates acceptance of the terms and conditions
outlined, which may be amended in accordance with the terms hereof, and constitutes the entire Agreement. This includes the
retention or use of the card by the Account Holder or anyone under its control. The Account Holder agrees to be responsible for
unauthorized use of the card prior to the Account Holder notifying KHI. Transactions which occur prior to the time of the card
being reported as lost or stolen will continue to be processed by KHI and are the responsibility of the Account Halder.
In the event of Account Holder breach or default under the terms of thisAgreement, the Account Halder acknowledges and
agrees, KHI may invoke any and all rights and remedies available to it allowable under applicable law. The Account Holder shall
also be liable to KHI for all costs and expenses incurred by KHl in connection therewith, including late charges and reasonable
attorney fees. TheAccount Holder agrees to notify the KHI Support Team immediately when any card number or web account
login and passwords in their possession are either lost or transferred to another person or entity.
ACCOUNT HOLDER AGREES TO/THAT.
1. Notify KHI immediately at 1-865-308-3811 if card, account numbers, or web access has been compromised. The cards
are property of KHl and shall be returned to KHl at any time upon request.
2, Notify KHI immediately when there are any disputes regarding tax issues or exemption thereof between the deliverer
of fuel or services and theAccount Holder. KHl records the issue and forwards information to the merchant for review
and potential resolution. KHI is not a party to these issues and has no legal authority to resolve disputes between the
Account Holder and merchant.
3. Notify KHI immediately when there are any disputes regarding fuel, non -fuel, ancillary service, or other fees between
the supplier of product / service (originator of handling or any other related charges) and theAccount Holder. KHI
records the issue and forwards information to the merchant for review and potential resolution. KHI is not a party to
these issues and has no legal authority to resolve disputes between the Account Halder and merchant.
4. Disclose and inform KHI of any specific government forms, terms or conditions that are applicable in doing business
with the Account Holder. Provide forms or other additional materials needed for KHI, as a vendor, to complete.
5. It shall be liable for all amounts charged to Account Holder including without limitation; ail purchases, fees, taxes, late
charges, and other charges or amounts due and owing to KH] by Account Holder.
6. All communications between KHI and Account Holder, including but not limited to telephone calls and e-mails, may be
monitored for quality control and to insure compliance with all applicable laws and regulations.
Kropp Holdings, Inc. Account Halder Application Agreement
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B650 College Boulevard I Overland Park, Kansas 66210 USA I www.KHlnc.com
Willi 0`11
GOVERNMENT ACCOUNT HOLDER APPLICATION AGREEMENT (CONTINUED)
PAYMENTTERMS
Government Credit Terms — Net 30 Days
-.--Your-billing-cycle-will-be-weekly-or-as otherwise agreed and -your -payment -is -due -in -full -within -30 -days -of -the billing -invoice -date.- —
In
illing-invoice-date. --
In consideration for the services provided by KHl hereunder and only with respect to contract purchases made by Account
Halder at Defense Logistics Agency into -plane fueling contracted locations, Account Holder shall pay to KHI an administration
fee equal to 2.95% of the gross amount of all purchases made at such locations. Invoices outstanding more than 30 days
are considered delinquent. In addition, if your account becomes delinquent, KHI may charge 18% per annum (compounded
monthly) or the maximum amount allowed by law, whichever is less. KH] may require immediate and full payment of all
outstanding amounts, as well as the closure of your KHI card account. In addition, KHl is entitled to offset any amounts it may
owe you against any claims it has against you.
Payment for aviation fuels, refated services, fees, and of all other charges due to KHI shall be made in full (without any
abatement, deduction, set-off or counter claim whatsoever) in cleared funds in U.S. Dollars or other agreed upon currency and
the payment shall be due on the stated due date as appearing on the invoice billing statement and shall be made by means
of EFT (ACH), bank wire, or check. Details regarding account, routing numbers or addresses for EFT (ACH), bank wires, or
overnight express of checks are included cn the billing invoice statement. Each of Account Holder and KHI shall be responsible
for their own charges related to method of payment.
If method of payment is by check, delivery shall be by express mail and each check shall reference the invoice number, Account
Holder's name and be made payable to Kropp Holdings, Inc. If due date is a non -business day and banks are closed, the
payment is due the first business day before the due date.
If your BanWPayment Office fails to honor payment to KHI, you agree to pay KHI's returned funds fee of $50.00.
APPLICABLE LAW
This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Texas as governed
by the state court system of Texas, United States. Any disputes in connection with this Agreement or the Terms of Sale shall be
resolved in accordance with the laws of the state of Texas, United States.
I certify that I am authorized to enter and bind the above company into this Agreement, to be executed on the day and year first
written above.
MISCELLANEOUS
Neither the Account Holder nor KHI shall be liable to the other party under this KHI Government Account HolderAgreement and
all related documents for any indirect or consequential loss or damage (including loss of profits, business, anticipated savings,
revenue or goodwill) suffered by the other party whether such loss is caused by that parry's breach of its contractual obligation
or by any tortuous act or omission (including negligence) or any other way.
Please note that KHI furnishes only access to the card network and its billing and payment program. We neither sell norwarrant
the services or goods obtained from the fueling or aviation merchants. As such, you agree to indemnify and hold KHI, its
directors, officers, employees, agents, subsidiaries and affiliates, harmless from and against all claims, demands, proceedings,
damages and liabilities for loss of or damage to any property whatsoever or for injury to any persons whatsoever and against all
associated costs (including legal costs) and expenses that arise out of or are connected with any and all activities in connection
with your receipt or use of services or goods contemplated herein or any contractual obligations KHI may have consistent with
the scope of this indemnity to fuel vendors.
Kropp Holdings, inc. Account Holder Application Agreement
Page, 2 vers#ort 1.0 04113
8650 College Boulevard I Overland Park, Kansas 66210 USA I www.KHlnc.com
40Dyr til c -f
GOVERNMENT ACCOUNT HOLDER APPLICATION AGREEMENT (CONTINUED)
In the event a disputed item appears on an invoice, Account Holder shall pay the full amount due under the Invoice, including
the amount of any disputed item, and identify in writing any disputed item on the Invoice. KHI and Account Holder will then
discuss responsibility for any disputed item. In the event KHI concludes that Account Holder is not responsible for the dispute
item, KHI shall issue a credit to Account Holder. Account Holder must notify KHI in writing of any disputed item on its billing
-statement-within-60-days-from the— late -of the -invoice, -or -it -will -be— deemed -undisputed -and -accepted -by -Account -Holder:-
A card is valid only for the purchase of goods and services which KHI from time to time advises Account Halder maybe obtained
with the card. KHI has the right to refuse authorization for any particular transaction, for example, if a transaction results in
the Account Holder's credit limit being exceeded, Account Holder is in breach of this Agreement, or KHI (or the systems we
use) reasonably suspect a transaction is fraudulent. KHI reserves the right to terminate or suspend the right to use any or all
of Account Holder's cards, whereupon, in addition to all other rights and remedies available to it under the law or in equity, the
whole of the outstanding balance, both billed and pending charges, shall be due and payable toAvcard upon demand.
Furthermore, Account Holder acknowledges and agrees that KHl may also invoke any and all statutory or equitable lien
rights or those of any participating aviation merchants in connection with the enforcement of KHI's right to payment under this
Agreement, and authorizes KHI to file a lien for any unpaid amounts, from the date of the oldest unpaid amount, aircraft title
search fees, filing fees and attorney fees, against any aircraft for which charges were incurred and made to Account Holder's
card(s). If any amounts remain unpaid, KHI may institute a suit against Account Holder to enforce the lien and collect any
amounts past due. Account Holder shall be liable to KHI for all costs and expenses of liens and litigation including, but not
limited to, late charges, penalties, court and discovery costs and/or other costs incurred by KHI in enforcing its rights hereunder.
KHI may assign this Agreement and any and all of its rights and obligations hereunder without prior notice toAccount Holder.
Account Holder may not assign or transfer this Agreement or any rights or obligations hereunder, by merger, or law, or
otherwise, without the prior written consent of KHI.
In its sole discretion, KHI may lower the Account Holder's credit limit. Generally, KHI will endeavor to give the Account Holder
advance notice of the reduction, but there may be instances where a reduction is made by KHI without notifying the Account
Holder in advance.
Failure by KHI to enforce any of its rights hereunder shall not constitute a waiver of such rights or any other rights hereunder.
No waiver of any of the provisions of this Agreement shall be effective unless it is in writing, and signed by KHI. Any such
written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a constinuing or
future waiver.
Notices or other communications shall be sent to KH I as follows: 8650 College Boulevard, Overland Park, KS 66210, Attention:
Customer Service, via certified or registered mail, overnight courier, telefax, or telegram except that any return of cards must be
made by certified mail, returned receipt requested. For questions call 1-866-308-3811,
This Agreement may be amended from time to time by KHI and the amendment will become effective upon, written notice from
KHI to Account Holder.
SIGNED for and on behalf of
(Account Holder -- Government Entity Namel
a
Name:
Title:
Kropp Holdings, Inc. Account Halder Application Agreement
Page, 3 version 1.0 04/13
CITY OF MIAMI, a Florida Municipal Corporation
M
Johnny Martinez, F.E., City Manager
Date:
Attest:
By: _
Todd B. Hannon, City Clerk
Date:
Approved as to Form and Correctness;
Julie O. Bru, City Attorney
Date:
Approved as to Insurance Requirements:
Calvin Ellis, Director, Risk Management
Date:
Authorized by Miami City Commission Resolution No. , adopted
(Copy Attached)
Page 3a
Lwi I 11C 8650 College Boulevard f Overland ?ark, Kansas 66210 USA I www.KHlnc.com
Registration Details
Government Entity Account Holder:
❑ Email ❑ Fax ❑ Mail ❑ File Transfer {Custom)
Address:
IRegistration
Number
Address:
Number of
Cards
City, Postal Code:
Aircraft
Country, Phone:
3 OM(j
Is above also billing address
❑ Yes 0 No (Provide on a separate sheet)
Billing Details
Billing Preference:
❑ Email ❑ Fax ❑ Mail ❑ File Transfer {Custom)
Name, Email Address/Fax:
IRegistration
Number
Payment Details
Name, Phone/Fax:
Aircraft Details
*Required
Fields
Type*
I
Tail Number'
IRegistration
Number
Unit Number
Number of
Cards
Home Base:
Name or ICAO
Aircraft
�jreC 2 1 .10 -ec
�
3 OM(j
t1180raP
Alp- C
Country, Phone:
iC
Aircraft 2
Aircraft 3
Aircraft 4
Aircraft 5
Aircraft 6
Any Aircraft
Any
List additionaf aircraft if needed separately,
Mailing Address for Cards f Physical Address for Overnight Service
Office / Narne /Title / Rank:T•
a tZ.P'd-To
Address:
00 t� V\f
Av6
Address:
City, Postal Code:
L
3 12.
Country, Phone:
rA acs -
9 C.8 - !
Account Halder and aircraft usage is governed the Account Holder Application Agreement (Terms 8 Conditions).
Contact KHl at 1-066-308-3811.
Kropp Hcld#ngs, Inc. Account Hcider Application Agreement
.� —� Page, 4 version 1.0 04113