Item C09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/2014 Division: Public Works
Bulk Item: Yes X No Department: Fleet Management__
Staff Contact Person/Phone #:Roy Sanchez / 292-3572
AGENDA ITEM WORDING: Approval to award bid and execute contract for unleaded gasoline and diesel
fuel with Dion Oil Company, LLC.
ITEM BACKGROUND: Per attached contract, Monroe County and the Monroe County School Board will be
able to purchase fuel picked up and delivered by Dion Oil Company, LLC from the Port Everglades Florida
Terminal at the day's lowest available price, and also will not be charged more than the amounts outlined in the
Contract and bid tabulation sheet.
PREVIOUS RELEVANT BOCC ACTION: At the March, 2013, meeting, the Board approved to extend the
County's existing fuel contract with Dion Oil Company, LLC, month to month for up to six (6) months in order
to advertise and get a new contract in place. Going back 20 years or more, for the most part, the County's fuel
contracts have been awarded to the then low bidder, Dion Oil Company, LLC.
CONTRACT/AGREEMENT CHANGE: New contract; however, Dion's new bid amounts, are same as
current contract pricing.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: approx. $715,000.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: approx. $320,000.00 SOURCE OF FUNDS: 504-23502-530521 /523
Approx. 50% ad valorem/25% non -ad valorem 25% gas
REVENUE PRODUCTION: Yes No X AMOUNT PER MONTH Year tax
ff/
vy
APPROVED BY: County Attorney OMB/Purchasing
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included, X Not Required
Risk Management
jj—
AGENDAITEM#
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: NOVEMBER 12, 2013 AT 3:00 PM,
TITLE: UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
RESPONDENT
BOND
BID AMOUNT
UNLEADED GASOLINE DIESEL
DION OIL COMPANY, LLC.
N/A
S .185 KEY WEST S .215 KEY WEST
1,165 SUGARLOAF S.195 SUGARLOAF
S.145 MARATHON S.175 MARATHON
S .125 PLANTATION KEY S .135 PLANTATION KEY
1,125 CORAL SHORES S .135 CORAL SHORES
S .105 KEY LARGO S .115 KEY LARGO
Bid Committee Present: Emie Coughlin - Purchasing Office,
Members of the Public Present: None
hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted 4 Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened BY Emie Coughlin - Purchasing Manager
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dion Oil Comnany,LLC Contract #- ----
Effective Date:
[xpiration Date- 1/20/2015
Contract purpose/Description: ro supply unleaded gasoline, and diesel fuel to MOnrOc County
and Monroe County School Board fuelingfacilities throughout
the Keys.
3572 Fleet Management / #4
Contract Manager: Roy Sanchez
n
(Deparm 4)
tment/S
(Name) (Ext.)
for BOCC meetina on 1/16/2014 enda Deadline: 12/31/2013
CONTlkAC'I'COSTS
jar Value of Contract: $ 715,000-00 Current Year Portion: $ 595-83-3 -3-0
1 Total Dolt: approx.
County $320,000.00 approx. (County $266,666.70 approx.)
Budgeted? Yeso No Account Codes: All_ 09W!I I" plus
-Ether a encie
5 3 C ,<Js S3o -�
Grant: $ N/A
County Match:$ 1 N/A
ADDITIONAL COSTS
Estimated ongoing Costs: $----jYr For: janitorial, saludes, etc.
alueatbove) ......
(Not included in dollar v
CONTRACT REVIEW
Changes a' 4 Reviewer
Q t' In Needed
Division Director y ,YesE] No
Risk Management Yes[] No
O.M.B./Purchasing 40S Yes EJ NoEJ
County Attorney[ eso NoW
Comments:
Date Out
-a
CONTRACT
UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
THIS AGREEMENT, made and entered into this day of _ , 2013, by and between
the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County" and DION
OIL COMPANY, LLC., a Florida Limited Liability Company, hereinafter called "Vendor".
WITNESSETH:
WHEREAS, the County maintains gasoline and diesel fueling facilites throughout Monroe County for
purposes of fueling County vehicles; and
WHEREAS, the Vendor is qualifed, properly equipped and is in the business of providing gasoline and
diesel fuel to fueling facithes; now, therefore
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the
parties hereto do hereby agree as follows:
1. DESCRIPTION
A. The Vendor shall deliver Low, Medium, or High Octane Gasoline as requested by the County
and Ultra Low Diesel Fuel (Clear and Dyed) 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 supervised and delivery tickets must be signed and dated by Monroe
County personnel.
E. The Vendor shall have the capability to pump fuel into elevated and/or aboveground tanks
through standard quick detachable couplings.
F. The Vendor shall prioritize the County and 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.
2. TERM OF CONTRACT
A. This Agreement shall be for a period of One (1) year commencing upon the day in which it has been
approved by the Board of County Commssioners, as indicated at the top of page 1 of this Agreement.
B. The County shall have the option to renew this Agreement after the first year, for two (2) additional
one (1) year periods.
3. HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract, Vendor
shall defend, indemnify and hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business :interruption, and (iii) any costs or expenses (including, without limitation,
costs imposed by any governmental agency by reason of, or in connection with a violation of any federal law or
regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
Vendor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or willful misconduct of Vendor or any of its employees, agents, contractors or other invitees, or (C)
Vendor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or
invitees (other than Vendor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this Section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
4. INSURANCE
Prior to execution of this agreement the Vendor shall furnish 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 Agreement.
5. PAYMENT
A. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges.
B. Monroe County may not be charged more than the following prices listed above market (RACK)
price from date delivered.
Unleaded Gasoline (Any Octane) Ultra Low Sulfur Diesel (Clear and Dyed)
$ , 5 Key West $ .215 Key West
$ .165 Sugarloaf $ .195 Sugarloaf
$ .145 Marathon $ .175 Marathon
$ .125 Plantation Key $ .135 Plantation Key
$ .125 Coral Shores $ .135 Coral Shores
$ .105 Key Largo $ .115 Key Largo
C. The Vendor shall submit invoices 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. Upon receipt of an Invoice the County shall have thirty days, in accordance with the Florida
Prompt Act, to render payment to Vendor.
E. Gasoline and Diesel Fuel taxes must be itemized on each invoice.
6. INDEPENDENT VENDOR
At all times and 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.
7. ASSURANCE AGAINST DISCRIMINATION
Vendor shall not discriminate against any person on the basis of race, creed, color, national origin, sex,
age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting,
terminating, or any other area affecting employment under this agreement or with the provision of services or
goods under this Agreement.
8. 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
provisions 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.
9. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this Agreement, the Vendor shall abide by all laws, statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those
now in effect and hereinafter adopted. Any violation of said laws, statutes, ordinances, rules and regulations
shall constitute a material breach of this Agreement and shall entitle the County to terminate this Agreement
immediately upon delivery of written notice of termination to the Vendor. The Vendor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this Agreement.
10. 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, returned receipt requested, to the following:
Fleet Management Services
3583 S. Roosevelt Blvd.
For Vendor:
Dion Oil Company, LLC
P. O. Box 1209
Key West, FL 33040 Key West, FL 33041-1209
11. 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 levels sufficient to allow for the purchase of
services/goods specified herein, this Agreement may then be terminated immediately at the option of the
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.
12. 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 Vendor shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Continued funding by the County is contingent upon
retention of appropriate local, state, and/or federal certification and/or licensure of Vendor.
13. 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.
14. TERMINATION
If the Vendor fails 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 Agreement 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.
15. APPLICABLE LAWS AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Vendor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
The County and Vendor agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
16. A ORNEY'S FEES AND COSTS
The County and Vendor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
17. BOOKS, RECORDS AND DOCUMENTS
Vendor shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreemetn for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Vendor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the
date the monies were paid to the Vendor.
18. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall
be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Vendor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the County and Vendor and their respective legal representatives, successors, and assigns.
20. AUTHORITY
Each parry represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by law.
21. CLAIMS FOR FEDERAL OR STATE AID
Vendor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal
and state funds to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within
30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Vendor agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement. County and Vendor
specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
24. NONDISCRIMATION
Vendor agrees that there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date of the court order.
Vendor agrees 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 VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
25. COVENANT OF NO INTEREST County and Vendor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement.
26. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
27. NO SOLICITATION/PAYMENT The County and Vendor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, the Vendor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
28. PUBLIC ACCESS The County and Vendor shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the County and Vendor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Vendor.
29. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the County and the Vendor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the
County be required to contain any provision for waiver.
30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or employees of the County,
when performing their respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
32. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the Vendor agree that neither the
County nor the Vendor or any agent, officer, or employee of either shall have the authority to inform, counsel,
or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
33. ATTESTATI.ONS Vendor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
37. MUTUAL REV_IEW This Agreement has been carefully reviewed by the Vendor and the County,
therefore this Agreement is not to be construed against either party on the basis of authorship.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
M �iI III, I I V I WE FOR I I R I
(Seat)
Attest-, AMA' HEAVILIN, CLERK
0
04,V11141
BY
DATE:
(Corporate Seal)
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1331m
Witness
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Witness
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RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a lire -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 his/her own expense, insurance as specified in any
ttacled 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 alternative, 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 failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date
and time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall 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 from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required
insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance
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 cancellation, 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
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County
Risk Management.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL 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 Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
GL3
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
DION OIL COMPANY, LLC.
Prior to the commencement 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 limits 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 of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,
the Contractor may be required to submit updated financial statements from the fund upon request from the
County.
WC2
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
DION OIL COMPANY, LLC.
Recognizing 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 for:
• 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
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
DION OIL COMPANY, LLC.
I"'nor to the commencement ent of work governed by this contract, the Contractor shall purchase Pollution Liability
asLirance 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 Endorsement, demonstrating
financial responsibility for spills and clew.. -up, Any pollution exclusion limiting coverage under this policy
shall be removed.
The minimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
Dion Oil Company, LLC
P.O. Box 1209
Key West, Florida 33041
305-296-2000 phone
305-296-0635 Fax
11/7/2013
Monroe County Purchasing Officer4 r q
1100 Simonton Street, Room 1-213
Key West, Florida 33040' �
RE: Unleaded Gasoline and Diesel Fuel Supplier for Monroe County, Florida
BID-NONE-73-0-2013 /ec
Dear Monroe County:
Please find enclosed completed bid proposal from Dion Oil Company LLC for
Unleaded Gasoline and Diesel Fuel.
Dion Oil Company LLC has been delivering fuel for over sixty five years and our goal
is to provide safe and excellent service at competitive pricing. We have proven
experience in delivering to Monroe County Public Works and other government
entities.
Our company has an established Drug Free Workplace Policy. We feel that
eliminating drug and alcohol abuse, we improve the health, safety, and productivity of
our employees, and in turn the quality of service we offer to our customers.
Dion Oil Company has multiple fuel suppliers to service this bid including Chevron,
Citgo, Exxon/Mobil, and Marathon Petroleum. We feel that this gives us an
advantage in any situation including emergency services.
We appreciate your consideration of Dion Oil Company LLC when awarding this bid.
Sincerely,
Suzanne . Banks
SECTION TWO: BID RESPONSE AND COUNTY FORMS
SUBMISSION RESPONSE FORM PART I
Unleaded Gasoline and Diesel Fuel Supplierfor Monroe Count, Florida
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
The undersigned, having carefully examined the specifications, bid and addenda thereto and other bid
documents for:
Unleaded Gasoline and Diesel Fuel Supplier for Monroe County, Florida
in conformance with said specifications and other bid documents including Addenda issued thereto,.
I acknowledge receipt of Addendum (a) No.(s) N / A
Delivery 2 days.
I have included:
o The Submission Response Form Parts I and II XX
o Lobbying and Conflict of Interest Clause Form XX
o Non -Collusion Affidavitx_
o Drug Free Workplace Form _I-L_
(Check mark items above, as a reminder that they are included.)
Company Name: Dion Oil Company LLC
Mailing Address: P.O. Box 1 2 0 9 Telephone: 3 0 5- 2 9 6- 2 0 0 0
Key West, Florida 33041
Signed:
Name: Sean e D. Banks
Fax: 305-296-0635
Witness:
Jui t K Simons
(Sl
Title: Suzanne D. Banks President of Larry Dion Corp., General Partner for
Dion Partnership LTD, Managing Member of Dion Oil Company LL
Applicable License(s) Number: 10 0 2 8 6 6
Type: Fuel Pollutants License
Federal I.D. # 6 5- 1049 1 2 6
SUBMISSION RESPONSE FORM PART II
Item Description: Monroe County markup/delivery charges per gallon, above Port Everglades Florida
Terminal (RACK) price from date delivered.
Unleaded Gasoline (Any Octane)
Key West
Sugarloaf
$ . Y-As Marathon
$_. Plantation Key
i
Coral Shores
$_.,p; Key Largo
Ultra Low Sulfur Diesel (Clear and Dyed)
Key West
Sugarloaf
r
$ Marathon
$�. 0 S Plantation Key
$ 3 S Coral Shores
Key Largo
1 1/6/ 13
ignature of Bidder) (Date)
Suzanne Banks, President of Larry Dion Corp., General Partner for
Dion Partnership LTD, Managing Member of Dion Oil Company LLC
Dion Oil Company, LLC
P.O. Box 1209
Key West, FL 33041-1209
305-296-2000
RE: Monroe County, Florida
Unleaded Gasoline and Diesel Supplier Bid Monroe County, Florida
Due on or before 11/12/13 at 3:00 pm
10. Content of Submission
B. The following information
(1&2). A list of the person's shareholders with five (5) percent or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; a list of the officers and directors of the person:
Suzanne D. Banks is the sole shareholder.
Dion Partnership, Ltd is the managing member of Dion Oil Company, LLC.
Dion Partnership, Ltd's general partner is Larry Dion Corporation.
Suzanne D. Banks, President, Vice President & Secretary of Larry Dion Corp.
whose address is 210716th Avenue E, Cudjoe Key, Florida, 33042-4031.
3. The number of years the person has been operating and, if different, the number
of years it has been providing the services, goods, or construction services called
for in the bid specifications; 65 years.
4. The number of years the person has operated under its present name and any
prior names; 65 years.
5. Answers to the following questions regarding claims and suits:
a. Has the person ever failed to complete work or provide the goods for which it
has contracted? No.
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, or its officers or general partners? No.
c. Has the person, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction
services similar to those requested in the specifications? No.
d. Has the person ever initiated litigation against the county or been sued by the
county in connection with a contract top provide services, goods or
construction services? No.
e. Whether, within the last five (5) years, an officer, general partner, controlling
shareholder or major creditor of the person was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to
perform services or furnish similar to those sought in the request for bids; No.
RE: Monroe County, Florida
Unleaded Gasoline and Diesel Supplier Bid Monroe County, Florida
Due on or before 11/12/13 at 3:00 pm
Content of Submission (continued)
f. Customer references:
Florida Keys Aqueduct Authority, 1100 Kennedy Drive,
Key West, Florida, 33040; phone: 1-305-296-2454
Monroe County School Board, 242 Trumbo Street, Key
West, Florida, 33040; phone: 1-305-293-1400
Florida Keys Mosquito Control, 5224 College Road,
Key West, Florida, 33040; phone: 1-305-292-7190
g. Credit references:
Citgo Petroleum, P.O. Box 75065, Charlotte, NC, 28275
Phone: 1-800-554-4075
Exxon/Mobil, P.O. Box 101537, Atlanta, GA 30392
Phone: 1-877-566-3478
h. Any information requested by the county department involved in soliciting
the bids related to the fmancial qualifications, technical competence, the
ability to satisfactorily perform within the contract time constraints, or other
information the department deems necessary to enable the department and
board of county commissioners to determine if the person bidding is
responsible. Available upon request.
NON -COLLUSION AFFIDAVIT
I, S „ 7. n n n e D . Banks _ of the city of Key West , Florida according to law on
my oath, and under penalty of perjury, depose and say that:
lam President of Larry Dion Corp., General Partner for Dion
Partnership ., Managing em es
ofthefirmof Dion Oil Company LLC
making the Bid for the services/work/project described in the Request for Bids for:
U11tk "ft. _ _ � ,t-_' N16k 0,_ , r_ii'e— ° ; l -121, 1C.0 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 project/services/work.
1':6 13
(Signature of Bidder) (Date)
STATE OF: Florida
COUNTY OF: M o n r o e
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Suzanne D . B a n k s Whod i d after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this 6th dayof November 2013 .
JUDITH KATHERINE SII Oi :, S
": Nil' COMMISSION # EE052637
`' w EXPIRES January 25, 2015
tk!!!
"personally Known to me"
NOTARY PUBLIC
J ith Katherine Simons
My Commission Expires: _ i i , s,115
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Suzanne D. Banks
(Company Officer/Partner/Individual)
warrants that he/it has not employed, retained or otherwise had act on his/its 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".
(Signature)
Date: 1 1/ 6/ 1 3
Suzanne D. Banks, President of Larry
General Partner for Dion Partnership
STATE OF: Florida Managing Member of Dion Oil Company
COUNTY OF Monroe
Subscribed and sworn to (or affirmed) before me on 1 1 / 6 / 13
(date) by S u z a n n e D. B a n k s (name of affiant). -He/She is personally
known to meas
cation)
JUDITH KATHERIriII +AONS
My COMMISSION 4- EE '2637
EXPIRES January 25, 2015
Dion Corp.,
LTD,
LLC
€/
NOTARY PUBLIC
ii ,Kathenine Simons `
M commission expires: a51 I.
4
'n, rN - - . -7if 1 ^ , n i
DRUG -FREE WORKPLACE FORM
The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that:
Dion Oil ComDa LL�C
(Name of Business)
1. Publishes 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. 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, I certify that this firm complies fully with the above
requirements.
rAZ 1 1/6/ 13
Bi der's Signature Date
Suzanne D. Banks, President of Larry Dion Corp., General Partner for
Dion Partnership LTD, Managing Member of Dion Oil Company LLC
STATE OF: Florida
COUNTY OF: M o n r o e
PERSONALLY APPEARED BEFORE ME, the undersigned authority, S u z a n n e D. B a n k s who,after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this6th dayofNovember 20 13
JUDI7{ I Y Ar ERINE SiMONS
#= My COMfAii'>;.10N 4 EE052637
EXPIRES January 25, 2015
a
A i51G3' Florida Notary$ arv'neacom
"personally Known to me"
f
NOTARY PUBLIC
Ju i)i
h Katherine Simons
My Commission Expires:
T ' - — -
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