04/18/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 26, 2007
TO:
Dent Pierce, Director
Public Works Division
ATTN:
FROM:
Beth Leto. Assistant Director
Public Works Division
Pamela G. Hanr~
Deputy Clerk CY
At the April 18, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
..{;ontract for a diesel and unleaded fuel supplier to low bidder Dion Oil Company, LLC.
Contract Renewal Agreement between Monroe County and General Asphalt Co., Inc., for
purchase and delivery of asphalt at a fixed price to Monroe County, Florida.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
CONTRACT
DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
THIS AGREEMENT, made and entered into this J~ay of April, 2007 by and between the
COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida
hereinafter called "County" and Dion Oil Company, LLC hereinafter called "Vendor".
WITNESSETH:
That the parties hereto for the consideration hereinafter named, agree to the following:
I. DESCRIPTION:
A. The Vendor shall deliver Number Two Diesel fuel, High Sulfur Diesel fuel and 86-87/88-89/92-
93 Octane Gasoline to locations in the Key West, Marathon, Plantation Key, and Key Largo areas as
requested by the ordering Monroe County and School Board departments and on the dates requested by such
departments. Fuel shall be delivered the next day if requested by 4:00pm.
B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand
(7,000) gallons (Full Tanks). The Vendor shall have a metered tanker for all deliveries and shall be required to
itemize invoices for each delivery under this provision.
C. Upon request by the County, Vendor shall provide documentation supporting most recent pump
meter certification.
D. All deliveries must be witnessed and delivery tickets must be signed and dated by Monroe
County personnel.
E. The Vendor shall have the capability to pump fuel into aboveground tanks through standard
quick detachable couplings.
F. The Vendor shall have ability to provide daily deliveries of gasoline and diesel to multiple
locations after a hurricane, natural disaster, or other emergency for as long as the need exists.
II. TERM OF CONTRACT
A. This contract shall be for a period of One (1) year commencing upon the day in which it has been
executed by both parties.
B. The County shall have the option to renew this agreement after the first year, for two (2) additional
one (1) year periods.
III. HOLD HARMLESS
The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Vendor or any of its Subcontractor(s) in any tier, occasioned by the negligence or other wrongful act or
omission of the Vendor or its Subcontractor(s) in any tier, their employees, or agents. The extent of liability is
in no way limited to" reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
Page 1 of 12
IV.. iNSURANCE~
Prior to execution of this agreement the Vendor shall fumish the County Certificates of Insurance indicating the
minimum coverage limitations as stated in the General Insurance Requirements for Suppliers of Goods or
Services section of this contract.
V. PAYMENT
A. Price per gallon shall reflect Port Everglades Florida Tenninal (RACK) charges.
B. Monroe County may not be charged more than the following prices listed above market (RACK)
price from date ordered.
Unleaded Gasoline (Anv Oelane)
Diesel (#2 and MV15 Dved)
$0.20
$0.18
$0.16
$0.12
$9.10
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
$0.23
$0.21
$0.19
$0.15
$0.13
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
C. The Vendor shall submit invoice to the County, itemizing the delivery location, the requesting
department, the RACK prices, and all taxes, for each delivery to the locations described herein.
D. In accordance with the Florida Prompt Payment Act, s. 218.70, Florida Statutes, all invoices will
be paid within forty-five days after receipt of a proper invoice.
E. Diesel fuels and Gasoline taxes must be itemized on each invoice.
VI. INDEPENDENT VENDOR
At all times for all purposes under this agreement the Vendor is an independent Contractor and not an
employee of the Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the Vendor or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
VII. ASSURANCE AGAINST DISCRIMINATION
Vendor and County agree that there will be no discrimination against any person, and it is expressly
understood that upon a detennination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically tenninates without any further action on the part of any party, effective the date of the
court order. Vendor and County agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex,
and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ~~ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC ~ 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ~~ 6101-6107), which prOhibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ~~ 523 and 527 (42
USC ~~ 69Odd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ~~ 3601 et seq.), as amended, relating to
Page 2 ofl2
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC '991201), as amended from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
VIII. ASSIGNMENT
Vendor shall not assign or subcontract this agreement, except in writing and with the prior written approval of
the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the County may deem necessary, This agreement shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall comply with all of the provision of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the County in addition to the total agreed-upon price of the services/goods of the
Vendor.
IX. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Vendor shall abide by all statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle the County to
terminate this Vendor immediately upon delivery of written notice of termination to the Vendor.
X. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, retumed receipt requested, to the following:
For County:
Fleet Management Services
3583 S. Roosevelt Blvd.
Key West, FL 33040
With a CODV to:
Suzanne A. Hutton
Monroe County Attomey
P.O. Box 1026
Key West, FL 33041-1026
For Vendor:
Dion Oil Company, LLC
P.O. Box 1209
Key West, FL 33041
XI. FUNDING AVAILABILITY
In the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of
services/goods specified herein, this agreement may then be terminated immediately at the option ofthe
county by written notice of termination delivered in person or by mail to the Vendor. The County shall only be
obligated to pay for any goods delivered by the Vendor until the Vendor has received written notice of
termination due to lack of funds.
XII. PROFESSIONAL RESPONSIBILITY
The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed
by the project herein described, subject to the terms and conditions set forth in the Notice of calling for Bids.
The provider shall at all times exercise independent, professional judgment and shall assume professional
respons.ibility for the services to be provided. Continued funding by the County is contingent upon retention of
appropnate local, state, and/or federal certification and/or licensure of vendor.
Page 3 of 12
XIII. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or pUblic work, may not
submit bids on leases of real property to public entity, and may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO ($3000.00) for a period of 36 months from the date of being placed on the convicted vendor list.
XIV. TERMINATION
If the Vendor falls to fulfill the terms of this agreement, or attachments, properly or on time, otherwise violates
the provisions of the agreement, the County may terminate the contract by written notice. The notice shall
specify cause. The County shall pay the vendor the contract price for goods delivered but not paid for on the
date of termination, less any amount of damages caused by the Vendor's breach. If those damages are more
than the amount due the Vendor then the Vendor remains liable to the County for the excess amount.
XV. APPLICABLE LAWS AND VENUE
Deputy Clerk
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BY
DATE:
(Corporate Seal)
Attest:
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, Witness
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Wrtness
MONROE COUNTY ATTORNEY
A~OVED_AS ~'t'r:
lPffJ;e~ e. . .
YNTHIA L. ALL
ASSISTANT4CO~NTY ATi'ORNEY
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RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at hislher own expense, insurance as specified in any
attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained
will extend protection to all Subcontractors engaged by the Contractor. As an ahernative, the Contractor may
require all Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging of
personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as
specified below. Delays in the commencement of work, resulting from the firilure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any
penahies and failure to perform assessments shall be imposed as if the work commenced on the specified date
and time, except for the Contractor's firilure to provide satisfactory evidence.
The Contractor shal1 maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the
completion of work resulting wm the failure of the Contractor to maint..i" the required insurance shall not
extend deadlines specified in this contract and any penahies and failure to perform asSCSS'llents shall be
imposed as if the work had not been suspended, except for the Contractor's firilure to maintain the required
insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate ofInsurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies required
by this contract.
All insurance policies must specify that they are not subject to cancel1ation, non-renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the
insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor
from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the County
p~ form entitled "Request for Waiver oflDsuranee Requirements" and approved by Monroe County
Risk Management.
Page 5 of!2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dion Oil Company, LLC
Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of
work by the County.
The Momoe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfY the above requirements.
GL3
Page 6 of 12
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dion Oil Company, LLC
Prior to the conunencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with Iimits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of
Authorization issued by the Department of Labor and a Certificate ofInsurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition,
the Contractor may be required to submit updated fmancial statements from the fund upon request from the
County.
WC2
Page 7 of 12
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dion Oil Company, LLC
RecogT'i:nng that the work governed by this contract requires the use of vehicles, the Contractor, prior to the
commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the
life of the contract and include, as a minimum, liability coverage fur:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
VL3
Page 8 of 12
HAZARDOUS CARGO TRANSPORTERS UABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dion Oil Company
Prior to the commencement of work governed by this contract, the Contractor shall purchase Pollution Liability
Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance
with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsernet1t, demonstrating
financial responsibility fur spills and clean-up. Any pollution exclusion limiting coverage under this policy
shall be removed.
The minimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
Page 9 of 12
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
S'v:z..r"(AJI<Jf-:..., -A. B/h':"K.-S
(Company OfflCerlPartner/lndividual)
warrants ,that helit has not employed, retained or otherwise had act on hisflts behalf any former County officer or
employee in violation of Section 2 of Ordinance No, 010-1990 or any County offICer or employee in violation of Section 3
of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also. in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee",
x{~-'r-I---k~ '7!5?~L--La
(Signature)
Date: ..3 - j..;{ -- C2 {xY7
STATE OF:
COUNTY OF:
rt-OI'-Jh.4
C.L1l}AJ~ llLO;l)<LDE
Subscribed and sworn to (or affirmed) before me on
(date) by C?\>.. -r. ~ 'nY\Q D f.>::,\)"'n \(,
,,::l.,-IS' L ~ \11
(name of affiant). .weIShe is personally
known to me er ~ae I'rBEllolsea
~
JdeRtifisatiofl. (type of it'9AtifieatisR)
c-~__Q (C ~
NOTARY PUBLIC -
My commission expires:
Page 10 of 12
CD ~~:::-504911' I
"""""'" FeIruBJy 11, 2010 ,
_'I1Iou-,......_
NON-COLLUSION AFFIDAVIT
I, S l) :2-ft.t )~J;,--, .6 '-.54<..1rbfthe city of )<-<C..~ h'€...s;.T according to law on
my oath, and under penalty of perjury, depose and say that:
1. lam 1/1' LA-I.dVi DIu:) C!.bR/b/~A.-r/oi:",' IJUM//16-//:-iS-- Ji(M.8t,,;
/
of the firm of bit),,) OL t"LJnl P 11:1.J!-J LLf!.
making the Bid for the services/work/project described in the Request for Bids for: )7' --u1.J?-L6 C/..x:; ~
h, FCf- 1-- FOiL G (J,L"JLtA.1.E A ('.,..{is.t.L,/;."Jf_ StJPfJuUi....... and that I
executed the said Bid with full authority to do so:
2. The prices in this bid/Bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor.
3, Unless otherwise required by law, the prices and percentage of return which have been quoted in
this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be
disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other
bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder to induce any other person,
partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting
competition.
5. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for the projectlserviceslwork.
~/~~J0--.&~~ -3 -/S-/.-()07
rSignature of Bidder) _ ~ (Date)
vP LMdlJ:J );,/ fJ~J Cb/2/61'--A-7/U/-"/
(Yl A-f.5llt"-!r/ I-X~ nt.p./A..A U--, bllY) 6/ L C' (JnCIV~Jj LL--<2
STATE OF: H--o~) hA
COUNTY OF: rr'l..j),,)/Lf.Xi_
PERSONALLY APPEARED BEFORE ME, the undersigned authority~,n~ \) \:l\\..~ - who, after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this./.L day of m~yt"" 2011..
~((~
-NOTARY PUBLIC'
My Commission .
EDWAfIl R.1lOZA
MY COAIIISSION, DO 504917
EXI'IRfS: FeIlruoJy 11, 2010
-"'---.
Page 11 of 12
DRUG-FREE WORKPLACE FORM
2. Informs 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. Gives 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 Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or 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 the statement,
requirements.
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Y>'lA-?I A6")^X~ YAfoJJij3,~~ ^,J/).d ole
certify that this firm complies fully with the above
-3-I.s -d...O[;7
Date
(I /)n{j~.J /1
i-IJ!..
STATE OF:
H-oL/b,A
COUNTY OF: nt)) J:J/LD€-
PERSONALL Y APPEARED BEFORE ME, the undersigned authority S"':c.lI. 'nl\~ '\) ~n\c-i who, after
first being sworn by me, (name of individual $igning) affixed hislher signature in the space provided above on
this 1:5 day of ~ r. Y r'" 20J2.l.
-~((~.
NOTARY PUBLIC
My Commission Expires:
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Page 12 of 12