12/11/2013 ContractC � fR kO,c
AMY REAVILIN, CPA
CLERK OF CIRCUR COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
FLORIDA'
DA TE: January 15, 2014
TO: Chief James Callahan
A TTN: Holly Pfiester
FROM: Vitia Fernandez, D.
At the December 11, 2013, Board of'County Commissioner's meeting the Board granted approval and
authorized execution of Item C33 Execute a Requirements Contract with All Keys Gas Distribution,
LLC for propane supply at the Stock Island Fire Station NO. 8; Servicing one (1) range and two (2) hot
water heaters. Rental of propane tank at $228.00 annually and first time fill -up fee of 200 gallons of
commercial propane at $1.92 a gallon for a total cost of $384.00; plus additional gallons at $1.92 per
gallon or at market price. The initial term of this Agreement shall be for a period of twelve (12) months
from the effective date with two (2) additional one (1) year renewal options.
Attached is the electronic copy of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
CC: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
ALL
KEYS GAS
P.O. BOX 431555
SERVICE 0046 OVERSEAS HWY.
" - 1 Pzz� 6� PBhG PI KEY, F L 33043
Fax: 305 - 872 -4546
Monroe County Fire Rescue
49 63rd St.
Marathon, FL 33050
Stock Island Fire Station No 8
Proposal
Date
Proposal #
11/21/2013
1981 rev
Description
Qty
Cost
Total
(2) 42o# Tank Set, Full, SAN TBD . Tank remains the property of All Keys Gas
2
0.00
0.00
Commercial Gas
200
1.92
384.00
Tank Rentals
12
19.00
228.00
All work done to state and local codes and NFPA 58
r
?
N
All work done to state and local codes.
Tota
$612.00
All material is guarenteed to be as specified. All work to be completed in a substantial workmanlike manner
according to specification submitted per standard practices. Any alteration or deviation from above
specifications involving additional costs will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary insurance, Our workers are fully covered by
Workman's Compensation Insurance.
We propose hereby to furnish material and labor in complete accordance with above specifications, for the total above.
Payment to be made as follows: 50% due at acceptance of proposal and 50% due upon completion
Acceptance of Proposal: The above prices, specifications and conditions are Authorized Signature
satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Customer Signature ell
ti=p acs TO FO1e �l7 ,,�'�tl;Y
ALL KEYS GAS DISTRIBUTION, LLC
TERMS AND CONDITIONS
In consideration of the mutual promises herein contained and for good and valuable consideration, the
sufficiency of which is hereby acknowledged, the contractor (ALL KEYS GAS DISTRIBUTION, LLC
DISTRIBUTION, LLC) and customer ( MONROE COUNTY BOARD OF COUNTY COMMISSIONERS) hereby
agree as follows:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS agrees to use, on an exclusive basis, the
services from ALL KEYS GAS DISTRIBUTION, LLC described herein as propane tank rental and refill for
Stock Island Fire Station NO. 8 during the term of this exclusive Agreement, or any renewals thereto.
TERM:
The initial term of this Agreement shall be for a period of twelve (12) months from the effective date.
This agreement has two (2) additional 1 -year renewal options. All renewals shall be on the same terms
and conditions as set forth herein unless either party shall give notice of termination by certified mail,
return receipt requested, at least thirty (30) days prior to the last day of the initial term or any renewal
term.
* MONROE COUNTY BOARD OF COUNTY COMMISSIONERS performance and obligation to pay under
this initial Agreement and renewal each year is contingent upon an annual appropriation by MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS.
1. COMPANY OWNED EQUIPMENT: The "company owned equipment" shall be deemed to include
any and all cylinders, storage tanks, regulators, piping and other equipment furnished by ALL
KEYS GAS DISTRIBUTION, LLC. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
acknowledges that the same can be detached from the real estate without injury or damage
thereto. Upon satisfaction of the terms and conditions of this agreement and proper
termination of such agreement the customer shall bear company owned equipment removal
charges. If MONROE COUNTY BOARD OF COUNTY COMMISSIONERS desires to have company
owned equipment moved to another location, ALL KEYS GAS DISTRIBUTION, LLC will perform
the services at its then current charges. All company owned property will be maintained and
serviced by ALL KEYS GAS DISTRIBUTION, LLC and remains the property of ALL KEYS GAS
DISTRIBUTION, LLC. A Florida UCC -1 form will be filed in the county where appropriate in
connection with the installation.
2. LOSS OR DAMAGE: The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS assumes the
entire risk of loss or damage to the company owned equipment. The MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS agrees to reimburse ALL KEYS GAS DISTRIBUTION, LLC when
billed for any loss or damage sustained (reasonable wear and tear excepted).
3. ALTERATIONS: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall not allow
adjustments, changes, connections or disconnections of any kind to be made to the company
owned equipment, except by authorized representatives of ALL KEYS GAS DISTRIBUTION, LLC.
ALL KEYS GAS DISTRIBUTION, LLC may refuse to connect or may disconnect any appliance
deemed by it to be unsatisfactory and shall not be liable for such acts or failure to act. ALL KEYS
GAS DISTRIBUTION, LLC is not responsible for the performance of the MONROE COUNTY
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BOARD OF COUNTY COMMISSIONER'S appliances or gas lost due to any fault in the gas system.
Upon authorization of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ALL KEYS GAS
DISTRIBUTION, LLC will repair and service, whenever possible, MONROE COUNTY BOARD OF
COUNTY COMMISSIONER'S appliances at ALL KEYS GAS DISTRIBUTION, LLC current service
charges.
DELIVERY OF PRODUCT: ALL KEYS GAS DISTRIBUTION, LLC shall use its best efforts to provide a
regular and uninterrupted supply of propane gas utilizing ALL KEYS GAS DISTRIBUTION, LLC
delivery schedule. Each delivery will bring the propane tank to full capacity to the best of ALL
KEYS GAS DISTRIBUTION, LLC ability in order to insure a continuous supply of gas. However, if
ALL KEYS GAS DISTRIBUTION, LLC is unable to do so as a result of any cause beyond its control,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall hold ALL KEYS GAS
DISTRIBUTION, LLC harmless for all loss of damage arising from it. ALL KEYS GAS
DISTRIBUTION, LLC may, in the event of curtailed supply, distribute the available propane gas to
the best of its ability.
RATES AND TERMS: Payment for propane gas delivered to the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS is due within thirty (30) days at ALL KEYS GAS DISTRIBUTION, LLC
rate schedule for MONROE COUNTY BOARD OF COUNTY COMMISSIONER'S classification in
effect on the date of delivery. Gas service may be interrupted or locked up until full payment is
received. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS rates are subject to change
without notice. Propane is a commodity that may fluctuate in price on markets that are out of
the control of ALL KEYS GAS DISTRIBUTION, LLC. ALL KEYS GAS DISTRIBUTION, LLC will make
every effort to maintain a stable pricing structure, but MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS should be aware that price changes may occur at any time due to outside
market changes. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS agrees to purchase
a minimum of 200 gallons or the amount of storage provided (whichever is larger) per year.
Minimum purchase does not apply to TANK RENTAL Customers
6. SERVICE CHARGES: A service charge, at ALL KEYS GAS DISTRIBUTION, LLC current rate, payable
at time service is performed, will be due to ALL KEYS GAS DISTRIBUTION, LLC in the event that
the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS requests a suspension of service
or such service is suspended by ALL KEYS GAS DISTRIBUTION, LLC by reason of the MONROE
COUNTY BOARD OF COUNTY COMMISSIONER'S DEFAULT. This may also be referred to as a
connection or disconnection fee. All Payments will be made in accordance with the Florida Local
Government Prompt Payment Act, Section 218.70, Florida Statues.
7. TANK RENTAL: If a TANK RENTAL charge is set forth in this AGREEMENT, MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS agrees to pay the same within thirty (30) from the date
of invoice or pro -rated as necessary. TANK RENTAL terms and charges are subject to change
during the term of this agreement. TANK RENTAL charges begin 6 months after tank installation
or when gas service is turned on, whichever occurs first. TANK RENTAL customers are rebated
the total gallons of their TANK RENTAL annually. Gas rebate must be used within the year of the
rebate, as there is no carryover from year to year. Rebate is not subject to monetary credit.
8. TAXES AND PERMITS: The CUSTOMER shall pay or reimburse ALL KEYS GAS DISTRIBUTION, LLC
for any taxes, fees, licenses or permits with respect to the installation, storage or use of the
propane gas or company owned equipment. MONROE COUNTY BOARD OF COUNTY
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COMMISSIONERS is Tax Exempt.
9. ACCESS: ALL KEYS GAS DISTRIBUTION, LLC shall have access to ingress and egress from the
premises for the purpose of installing, maintaining or removing the company owned equipment
and delivering Propane Gas. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall
bear any expense necessary to make the company owned equipment accessible to ALL KEYS
GAS DISTRIBUTION, LLC, including bringing underground equipment to ground level for removal
or service and restoration of excavation including landscaping.
10. TERMINATION: ALL KEYS GAS DISTRIBUTION, LLC may suspend deliveries, interrupt /lock up gas
system or terminate this agreement without Notice and remove the company owned
equipment and the Propane Gas therein in the event that MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS shall (a) fail to make payment of amount due within twenty (20)
days subsequent to its due date; (b) breach any of the terms or conditions of this AGREEMENT;
(c) remove any of the company owned equipment from the locations where installed; (d)
permanently move from the premises; (e) fail to meet the minimum purchase requirements for
the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS'S classification. All balances shall
become due immediately on a C.O.D. basis, upon notification of intent to terminate. MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS shall hold ALL KEYS GAS DISTRIBUTION, LLC
harmless from all claims of loss or damage resulting from the removal of the company owned
equipment, or entry by ALL KEYS GAS DISTRIBUTION, LLC representative for such purposes.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS agrees to pay the expenses incurred
by ALL KEYS GAS DISTRIBUTION, LLC for the installation, servicing, maintenance, and removal of
the gas system. Expenses are based upon rates and prices in effect at the time of the work and
the time and equipment necessary to complete the work. In the event MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS defaults in any of the terms and conditions of the
agreement and the agreement is terminated, MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS agrees to pay ALL KEYS GAS DISTRIBUTION, LLC the total remaining charges
under the agreement, plus an additional 20% as liquidated damages. The parties agree that the
liquidated damages as set forth above are reasonable. MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS acknowledges that installation, removal, use of equipment, maintenance, and
other services incident to the lease are provided by ALL KEYS GAS DISTRIBUTION, LLC at no
specific charge, except as otherwise set forth previously herein, and thereby makes the
calculation of damages for a breach of this agreement uncertain and difficult. The parties in
tend for this agreement to provide for liquidated damages and not a penalty, so that either
party may calculate its damages /liability with certainty in the event of a breach. In the event
that any legal action or other proceeding is brought for the enforcement of this agreement or in
connection with any provision contained herein, the prevailing party shall be entitled to recover
its reasonable attorney's fees, court costs and expenses, even if not taxable court costs,
including, but not limited to, those fees and costs incurred incidentally to arbitration, mediation,
investigation, discovery, travel, appellate proceedings, bankruptcy, collection, retention of
expert witnesses, and post judgment proceedings.
11. LIABILITY: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS assumes all risks and
liabilities whatsoever which may arise from the possession or use of the company owned
equipment from and the Propane Gas used or stored therein, including servicing by ALL KEYS
GAS DISTRIBUTION, LLC and shall indemnify and hold ALL KEYS GAS DISTRIBUTION, LLC
harmless from all liability, fees and expenses of every kind arising from it.
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12. ASSIGNMENT OF AGREEMENT: This agreement may not be assigned without ALL KEYS GAS
DISTRIBUTION, LLC written consent. Assignment fee will apply.
13. MISCELLANEOUS: This AGREEMENT may not be modified except by an addendum signed by
both parties.
14. PROPERTY LIABILITY: ALL KEYS GAS DISTRIBUTION, LLC is not responsible for landscaping, sod,
irrigation lines, water and sewer lines, telephone lines, electrical lines, cable, asphalt paving,
concrete replacement, painting, or other trades that may be necessary in the repair or
replacement due to damage that may occur during the installation or the removal of the
company owned gas system.
15. TENANT OF PREMISES: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS declares
permission has been acquired from landlord ( MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS) to install said gas system.
16. INVALID PROVISIONS: In any of the terms or provisions of this agreement shall be invalid or
inoperative, all of the remaining terms and provisions shall remain in full force and effect.
17. ALL KEYS GAS DISTRIBUTION, LLC warrants that it has not employed, retained or otherwise had
act on his /its behalf any former County officer or employee subject to the prohibitions of
Section 2 of Ordinance No 010 -1990 or any county officer or employee in violation of section 3
of Ordinance no. 020 -1990. For breach of violation of this provision the County may, at its
discretion, terminate this contract without liability and may also, in its discretion, deduct from
the contract 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.
ALL KEYS GAS DISTRIBUTION, LLC
B , �7
Printed Name
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Printed Name: Sylvia J. Murphy
Title:
Date:
ASSISTANT COUNTY ATTORNEY
H P1 V v AS >Z roFZM -
By: ` &'
- ao 13
Title: Mayor
Date:
January 15, 2014
71.1 WV 01 O hill
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