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Item C04County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w ) �i� Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: C.4 Agenda Item Summary #2687 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Roy Sanchez (305) 292 -3572 N/A AGENDA ITEM WORDING: Approval to award bid and execute contract for fuel delivery to Dion Fuels, LLC ITEM BACKGROUND: Per contract, Monroe County will purchase unleaded gasoline and diesel fuel picked up and delivered by Dion Fuels, LLC, from the Port Everglades Florida Terminal at the day's lowest available price. County will not be charged more than prices listed above market (rack) price from date delivered (see page 3 of Contract, Item 4 5.13. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014 the Board authorized execution of the current contract with Dion Oil, LLC. The Board also approved and Addendum to the agreement on June 11, 2014 and two (2) renewals on 11/19/2014 and 11/17/2015. On February 16, 2016, the County received a notice from Dion Oil Company that the company had been sold to Dion Fuels, LLC. On March 23, 2016 the Board approved a Consent to Assignment between Monroe County and Dion Fuels, LLC. On December 14 2016 the Board approved a Month -to Month Renewal Amendment to Agreement for Fuel Delivery Services. Bids were opened on January 18, 2017 at 3:00 pm. There were two bids received, Dion Fuels, LLC and James River Solutions. Dion Fuels LLC is the lowest bid of the two. Tabulation sheet from the Purchasing Department and comparison sheet are attached at the end of the contract. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract - MC & Dion Fuels FINANCIAL IMPACT: Effective Date: March 15, 2017 Expiration Date: The Agreement shall be for a period of one (1) year, commencing on the day in which if has been approved by the Board of County Commissioners. The County shall have the option to renew this agreement after the first year for four (4) additional one (1) year periods. Total Dollar Value of Contract: $450,000.00 approx. Total Cost to County: $365,000.00 approx. Current Year Portion: Budgeted: Yes Source of Funds: Approx. 50% ad valorem / 25% non -ad valorem / 25% gas tax CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: No Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: N/A REVIEWED BY: Roy Sanchez Completed 02/13/2017 4:15 PM Christine Limbert Completed 02/13/2017 5:07 PM Kevin Wilson Completed 02/14/2017 8:46 AM Christine Limbert Completed 02/14/2017 9:44 AM Budget and Finance Completed 02/14/2017 10:42 AM Maria Slavik Completed 02/14/2017 10:44 AM Kathy Peters Completed 02/17/2017 1:10 PM Board of County Commissioners Pending 03/15/2017 9:00 AM CONTRACT UNLEADED GASOLINE ANDIDIJESEL FUEL SUPPLIE1 2017 by and between 11111111 1 7 1 %41 Lyff =1111611=1 I WITNESSETH: purposes of fueling County vehicles; and IIII 111;11!�I 1111 � 111 IMPIX = ME mmlm�� IIIIIII11 lig" III Iiq IIIIIIIIII iii parties hereto do hereby agree as follows: B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand 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 Monroe County deliveries must be supervised and delivery tickets must be signed and dated 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 I of this Agreement. B. The County shall have the option to renew this Agreement after the first year, for four (4) additional one (1) year periods. 4. INSURANCE Prior to execution of this agreement the Vendor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations as stated and attached hereto in the General Insurance Requirements for Suppliers of Goods or Services. 5 AYMENT' 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 An Octane Ultra Low Sulfur Diesel Clear and Dved) $ _.195 Key West $ _.225 Key West $ _.175 Sugarloaf $ _.205 Sugarloaf $ Marathon $ Marathon $ Plantation Key $ _.145 Plantation Key $ _.135 Coral Shores $ Coral Shores $ Key Largo $ .125 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 bee ployees of the Board of County Commissioners for Monroe County. 11malli I umfftwa .I' , l mo age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, maw'I I I I 8. ASSIGNMENT Vendor shall not assign or subcontract this Agreement, except in writing and with the prior written i!lilIil IMF! I I III 1 1 1 1 1 111 Jill IIII Jill IS 11111 1 111 113902� MOMM, Fleet Management Services Dion Fuels LLC Key West, FL 33040 Key West, FL 33041 M WM =019 , 1,10=0 III law to engage in the perf A person or affiliate who has been placed on the convicted vendor list following a conviction for a MMMM�� M If the Vendor fails to fulfill the terms of this Agreement, or attachments, properly or on time, otherwise I I I I I I I I IN I I I I I Ili I III I I I I !I I I I I I 1 111 I 11 1111901-1 MI (slonj uola-43eiwoo jenj : L9 9Z) slenj uola v ow - 43eiwoo :wow toe 4w ca damages are more than the amount due the Vendor then the Vendor remains liable to the County for the excess all INTMORCTRIMM 11111 illillilillillilll!lliiiiiiiiiiiiiiiI iiiiiiiiiiiiiiii 11111 !11111 1111 1111 1 11111 111111 111 111 111 IF Illi 11 1111 1 1 I iffliffiffiliMi P W I I! Ill I III R Mit�� I I ill NINE I Ill Will MINE 11 1 1 1 Jill I I , '!! ill I 11 I11I11T M JIM M I Jill 11111 � illil 111 111 ip ;1111111 �!Ilplll �11 institution of any other administrative or legal proceeding. The County and Vendor agree that in the event any cause of action or administrative proceeding is 17. BOOKS, RECORDS AND DOCUMENTS (slonj uola-43eiwoo jenj : L9 9Z) slenj uola v ow - 43eiwoo :4uaw toe nv ca 18. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any the County and Vendor and their respective legal representatives, successors, and assigns. 20. AUTHORITY Each party 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 1 11111111111 ,,I i ffam=ramm" proposals, and funding solicitations shall be approved by each party prior to submission. 22. ADJUDICATION OF DIspu'rES 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. 11111111111 lip (slonj uola-43eiwoo jenj : L9 9Z) slenj uola v ow - 43eiwoo :4ulaw toe 4w ca U 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 I ill MEN iiiiiiiiiii P liffillill I 1111� related to this Agreement. 24. NONDISCRIMATION lli�i�!Illqg Fill I �l-ir Ill i r I (slonj uola-43eiwoo jenj : L9 9Z) slenj uola v ow - 43eiwoo :4ulaun use nv ca U one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual IIV JOIN 1!1111 1 11!11!1111111!11!iili11!11!ilill!ll!iil!!il!!!!I lI Ii i The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order 12 comply with this provision. IIIIIIIII Ili 1 1 1 1111111111111111111111 Jill Jill 1111111 11111 11111111111111111 111 11'' lilliplill 111111 1111111111 1 I I I 1 1 1 1 1 III JIM I I Ili iffil 1111 Jill' I I I I I I I I Mil : The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 33. ATTESTATIONS 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 each of which shall be regarded as an original, all of which taken together shall constitute one and the same 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 REVIEW 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. MIN% (Seal) Attest: KEVIN MADOK, CLERK 0 BY_ DATE: (Corporate Seal) O F Mayor/Chain MONRO C"'OUNTY KrTORNEY APPROVET) AS 0 FORM (EHMFNE M. 1 BARROWS ASSIS"T A' " "C" NF XTTC'RN - S, 1 j U Date The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or ip PIANO= 1111 IS I EFAACE---W(t�011 I A EMEA"I'S FOR BETWEEN MONROE COUNTY, FLORIDA AND 0 Premises Operations 0 Products and Completed Operations a Blanket Contractual Liability 0 Personal Injury Liability 0 Expanded Definition of Property Damage The minimum limits acceptable shall be: ljffl�Mwl lit"21010 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies ? « »2«: u t atisfy t« <2 « « »w #« irements. Mw BETWEEN MONROE COUNTY, FLORIDA 1,WD MEMO ii MEMO Iii liffill I I'll 11 1 1 1 1 1111111 !11 WM- ONO Coverage shall be maintained throughout the entire team of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. MW FOR BETWEEN 11*jij7V*F U'#, 1 F1,0_ D,& 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 t life of the contract and include, as a minimum, liability coverage for: 0 Owned, Non-Owned, and Hired Vehicles mml�� $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ME .. I I; 'S U N UALRU —p INSURANCE REQUIREMENTS FOR i AND 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 Endorsement, demonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. $1,000,000 per Occurrence mm [ I 0_77roe • I 100 Simonton Street Room 2-2 It F West, Florida 33040 M M M Please find enclosed completed bid proposal from Dion Fuels LLC for Unleaded Gasoline & Diesel Fuel BID-99-0-2017/11. Bid proposal includes the following Submission Response Fon I & 11 Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Responses to items requested in Section One item 9.13. 1-5 Certificate of Insurance We are a locally owned company and take pride in delivering quality products and service to our customers. We have proven experience in delivering fuel to both Keys Energy Services 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 • our employees and in turn the quality • service we offer to our customers. SECTION TWO: BID RESPONSE AND COUNTY FORMS SUBMISSION RESPONSE FORM PART I Unleaded Gasoline and Diesel Fuel Supplier for Monroe County, Florida BID TO: M 0 N R 0 E C 0 liNTY-EXIAR-D--rtF-r-GILNT-T—CI G-MM115,SX)NE-WS c/o PURCHASING DEPARTMENT GA TO BUILDING 1100 SIMONTON STREET, Room 2-213 KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the specifications, bid and addenda thereto and other bid ,i• cuments for: Delivery 2 days. a M74 we -me Iftwo a �jp o zmm�o -� Witness: J (d i t'1 K (SEAL) Date: 1/ 12/20 17 Simons Applicable License(s) Number: 16894321 Federal I. D. # 8 1- 0 35 08 6 Type: Fuel Pollutants License Telephone: 305-296-2000 ext 113 Key West, Florida 33041 Fax: 305-296-0635 19, llfilwll�* 1�Jw (slan uola-43eiwoo len : L9 9Z) slen uola v ow - 43eiwoo :due wtae 4w Item Description: Monroe County markup/delivery charges per gallon, above Port Everglades Florida Terminal (RACK) price fi - orn date delivered. $ . 195 Key West $ Sugarloaf 155 Marathon 135 Plantation Key $ 135 Coral Shores $ 1 15 Key Largo . Ultra Low Suffur Diesel (Clear and Dyed) ® 225 Key West $—• 205 Sugarloaf s 185 Marathon $— 145 Plantation Key s 145 Coral Shores $—. 125 Key Largo 1/ 12/20 17 (Date) BID-99-0-2017/II ETHICS CLAUSE MONROE COUNTY, FLORIDA John Cary Em warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer employee in violation • Section 2 ♦ Ordinance No. 010-1990 • any County officer ♦ employee in violation ♦ Section of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate t Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwi recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer employee". I 1-1 X� a tur;) Date: r �1 2 / 2 0 17 known to me or has-prrodueed- EM as BID-99-0-2017/II 1, John Cary ofthecityof Key West , Florida according to law • my oath, and under penalty • perjury, depose and say that: 11 • WWWarmil 1 • 1 - making the Bid for the services/work/project described in the Request for Bids for: nleaded Gasoline & Diesel Fuel Supplier(BID99-0-2017/II) and that I executed the said Bid with full authority to do so: COUNTY OF: - Mo n r • e PERSONALLY APPEARED BEFORE ME, the undersigned authority, John Cary who, d i dafter first being sworn • me, (name • individual signing) affixed his/her signature in the space provided above on il III k GUAID CIMSTII Ift, 111 1 17110 1 1021 1 1 MIN IN III T I �� I 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 • such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintainin8, 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. 111M wim it 4 Ro 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. wxillwol MURTEW. COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, _L who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this - 2thdayof Januar JUDITH KATHERINE SIMONS Notary Public - State of Florida My Comm. Expires Jan 25, 2019 Commission # FF 165107 Bonded through National Notary Assn. NOTARY PUBLIC Judith K. Simons C My-Commission Expires: BID-99-0-2017/II 9 "AVAI A , U% A-JjLd%— 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 1/18/2017 BID-99-0-2017/11 10. Content of Submission III= 0 - 1 1% 111 MI, (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: John Cary, President, 1615 Atlantic Blvd., Key West, Florida, 33040 Steven M. Uphoff, Vice President, 15642 Chesdin Landing Terrace, Chesterfield, VA., 23838 Linda M. Uphoff, Secretary/Treasurer, 15642 Chesdin Landing Terrace, Chesterfield, VA., 23838 (slanj uola-mjwoo jenj : 199Z) sionj uola 1p ovy - mjwoo wewLioenv Unleaded Gasoline and Diesel Supplier Bid Monroe County, Florida Due on or before 1/18/2017 BID-99-0-2017/11 f. Customer references: Florida Keys Aqueduct Authority, 1100 Kennedy Drive, Key West, Florida, 33040; phone: 1-305-296-2454 113 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 Joh qxary/PO /12/2017 Dion t p; r Dion ,. Dion Fuels LLC Mr. Steven Uphoff Post Office Box 1209 Reinsurance Key West, FL 33041 INSURER A: United States Fire Insurance -j JNISURER B: Bridgefield Employers Ins. Co. —U% Ulm 'NSUTET C: Endurance • • • • • sz 6 02/08/2016 02/08/2017 BODILY INJURY (Per person) I s BODILY INJURY (Per accident S PROPERTY DAMAGE PER ACCIDEPIT S S it u W X I UMBRELLA LIAB I X I OCCUR EACH OCCURRENCE I s 10,000,000 A M Excess LIA® CLAIMS-MAE E 1 5238037188 02/08/2016 02/08/2017 1 AGGREGATE I 10,000,000 aEO I X I RETENTIONS 01 1 is DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Petroleum Distributor • r'! *Monroe County Board • • Commissioners, and officials Additional - is with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on • Compensation. ♦ r ... 9 • • 1101a:altia01111?_11 *Monroe r. Board • ..• 100 Simonton Street Key West, FL 33040 EXPIRATION THE DATE THEREOF, NOTICE ACCORDANCE POLICY REPRESENTATIVE AUTHORIZED r X O 1988 -2010 ACD CORPORATION. All rights reserved. COR 25 (2010105) The ACORD name and logo are registered marks of ACO D uj LL LU all a. ui C o IL uj CL Y� uj i t17 tJ s® co a c a� vp t 4— c m! vti aJ :L t E 0 ji I z �i e� vs CL 0 vn c� E tV 19 �i (J ag is w CL > `0 sJ 4 of r} f3P ,y L3 u _ 0 > c ul vi a � to ®= 4 W L �p 11F L- in en 0 4- j C 0 4 u 0 CJ s NVrMff;TTx9=ff= Dion Fuels U-C James River Solutions Unleaded Gasoline 0.195 Key West 0.40 0.175 Sugarloaf 0.38 0.155 Marathon 0.36 0.135 Plantation Key 0.34 0.135 Coral Shores 0.26 0.115 Key Largo 0.20 It Low Sulfur Diesel 0.225 Key West 0.38 0.205 Sugarloaf 0.35 0.185 Marathon 0.30 0.145 Plantation Key 0.28 0.145 Coral Shores 0.24 0.125 Key Largo 0.18