Item C12 C.12
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: C.12
Agenda Item Summary #7684
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee (305)292-3452
N/A
AGENDA ITEM WORDING: Approval to amend and renew the existing contract with Dion
Fuels LLC for the Fourth Additional one-year term beginning March 15th, 2021.
ITEM BACKGROUND: Approval to renew existing contract with Dion Fuels LLC for the Fourth
additional one-year term beginning March 15th, 2021, and Paragraph 38 of the agreement - Federal
Contract Requirements is being amended, as required.
PREVIOUS RELEVANT BOCC ACTION:
Current contract with Dion Fuels LLC was approved on March 15, 2017 meeting—BOCC Item C4.
First Renewal - approved at the February 21, 2018 meeting—BOCC Item C.10.
Second Renewal - approved at the February 20, 2019 meeting—BOCC Item C.19.
Third Renewal w/Federal Provisions — approved at the February 19, 2020 meting—BOCC Item C.1.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Fourth Renewal and Amendment to Agreement- Dion Fuels LLC
Dion Contract- fully executed 3.15.17
First Renewal Agreement- fully executed. (repaired)
Dion Fuels - 2nd Extension - fully executed
Fully Executed 3rd Renewal & Amendment to Agreement- Dion Fuels
FINANCIAL IMPACT:
Effective Date: March 15th, 2021
Expiration Date: March 15th, 2022
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Total Dollar Value of Contract: $450,000— approx..
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: 504-23502-530521 / 523
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Daryl Greenlee Completed 12/21/2020 3:27 PM
Kevin Wilson Completed 12/22/2020 3:01 PM
Roy Sanchez Skipped 12/29/2020 9:10 AM
Christine Limbert Completed 12/29/2020 2:23 PM
Purchasing Completed 12/29/2020 2:56 PM
Budget and Finance Completed 12/29/2020 3:01 PM
Maria Slavik Completed 12/29/2020 3:23 PM
Liz Yongue Completed 12/30/2020 11:12 AM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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FOURTH RENEWAL AND AMENDMENT
THIS AGREEMENT is made and entered into this 20th day of January 2021 between
MONROE COUNTY and DION FUELS LLC., in order to renew the agreement between the
parties dated March 15111, 2017.
1. In accordance with Item 2—TERM OF CONTRACT ( )of the 2017 agreement, the 06
County hereby exercises its option to renew the Agreement for the 4th additional one-
year term beginning March 15th, 2021.
2. Paragraph 38. Federal Contract Requirements shall be amended to add the following.
Prohibition on certain telecommunications and video surveillance services or equipment as set
forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors
may not obligate or expend any federal funds to(1) Procure or obtain; ( ) Extend or renew _
a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to
procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-22, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities,physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or
any subsidiary or affiliate of such entities).
(ii)Telecommunications or video surveillance services provided by such entities or using
such equipment.
(W)Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and
CONTRACTOR should, to the great extent practicable,provide a preference for the purchase,
acquisition, or use of goods,products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States"means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. (2) "Manufactured products" means items and
construction materials composed in whole or in part of non-ferrous metals such as
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aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
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No Obligation by Federal.Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts. The contractor ,
acknowledges that 31 U.S.C. Chap. 3 (Administrative Remedies for False Claims and
Statements) applies to the contractor's actions pertaining to this contract.
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3. In all other respects, the agreement between the parties dated March 15", 2017, as
amended by the Amendment to Agreement dated February 19`h 2020, remains in full
force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above. p
i
(SEAL)
ATTEST: KEVIN MADOK, CLERK OF COUNTY COMMISSIONERS Q
OF MONROECOUNTY, FLORIDA2
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Y. _ m... w Y _ m
As Deputy Clerk Mayor I Chairman E
Monroe County Attorney:Approved as to Form
Christine Limbers-Barrows,Assistant County Attorney
Christine Limbert-Barrows mx
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Witness 2 Print Name
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CONTRACT
UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
IS A GREEMEN , made and entered irate t is _ —'� day of , 217 by and between
the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County" and Dion
Fuels LLC., a Florida corporation, hereinafter called "Vendor".
WITNESSETH:
WHEREAS, the County maintains gasoline and diesel fueling facilites throughout o oe County for
purposes of fueling County vehicles; and
WHEREAS, the Vendor is qualified, properly equipped and is in the business of providing gasoline and
diesel fuel to fueling facitlies? now,therefore
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the �
parties hereto do hereby agree as follows: LO
1. DESCRIPTION �
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A. The Vendor shall deliver Low, Medium, or High Octane Gasoline as requested by the County
d 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 y 4:00 p.m.
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 Monroe County deliveries must be supervised and delivery tickets must be signed and dated
by Monroe County personnel.
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E. The Vendor shall have the capability to pump fuel into elevatedand/or aboveground tanks
through standard quick detachable couplings.
F. The Vendor shall prioritize the County and have ability to provide daily deliveries of gasoline
d diesel to multiple locations after a hurricane, natural disaster, or other emergency for as lore 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 oa
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 four (4) additional
one (1) year periods.
. HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract, Vendor
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shall defend, indemnify and hold the County and the Co ty's elected and appointed officers and employees
harmless from d against (I) any claims, actions or causes of action, (11) 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 (111) 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, atto ey's fees and costs, court costs, frees 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, ( ) the -
negligence or willful misconduct of Vendor or any of its employees, agents, contractors or other invitees, or (C) 5
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.
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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, 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) oa
price from date delivered.
Unleaded Gasoline y Octane) Ultra.Low Sulfur iesel (Clear and yed)
^.195 Key West ®.225 Key West
®.175 Sugarloaf ®.205 Sugarloaf .�
_.l55 Marathon ®.1 5 Marathon
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_.15 Plantation Key ®.15 Plantation Key
l.15 Coral Shores ®.15 Coral Shores
_.l l5 ley 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.
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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
t 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 is/her employees, contractors, servants, or
agents to be employees of the Board of County Cormnissioners for Monroe County.
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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 der this agreement or with the provision of services or
goods under this Agreement.
. 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
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services/goods of the Vendor.
. COMPLIANCE IT LA
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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 laves, 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 or in accordance with these specifications throughout the term of this Agreement.
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10. NOTICE1
LJIREMENT
y notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, 5
postage prepaid,to the other party by certified mail, returned receipt requested, to the following;
For CgunW, .For Vendor:
Fleet Management Services Dion Fuels LLC
353 S. Roosevelt Blvd. P.O. Box 19
Ivey West, FL 33040 Key West, FL 3301
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IL, AVAILABILITY
The C o ty's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County ty o issioners and the approval of the Board members at the
time of contract initiation and its duration. In the event that fimds ftom 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 'E
y goods delivered by the Vendor until the Vendor has received written notice of termination due to
lacy 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
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retention of appropriate local, state, or federal certification and/or licensure of Vendor.
13. PUBLIC ENTITY CRIME STATEMENT X
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 ( 35,000.00) 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 ty ay terminate the Agreement after five days 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
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damages are more than the amount due the Vendor then the Vendor remains liable to the County for the excess
cunt.
Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60)
days written notice of its intention to do so.
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. ATTO 'S FEES AND COSTS
The County and Vendor agree that in the event any cause of action or administrative proceeding is
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initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable atto ey's fees, court costs, investigative, and out-of-pocket expenses, as
award against the non-prevailing party, and shall include atto ey's fees, courts costs, investigative, and out-of- X
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this 75
Agreement shall be in accordance with the Florida Pules of Civil Procedure and usual d customary
procedures required by the circuit court of Monroe County.
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17, BOOKS, REQORDS 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 Agree etn 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 ere spent for purposes not authorized by this Agreement,
the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.03, IFS, running from the
date the monies were paid to the Vendor.
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1 . 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 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.
0° AUTHORJTY
Each party represents and warrants to the other that the execution, delivery and performance of this
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Agree ent have been duly authorized by all necessary County and corporate action, as required by law,
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1. CLAIMS FOR FEDERAL STATE AI
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,
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2. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by meet -
d 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
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extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related
tote 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.
2 . 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 1 (PL, -
352) which prohibits discrimination on the basis of race, color or national origins ) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 16 1-16 3, and 16 5-16 6), 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 ( 2 USC ss.
11- 107) 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
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Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL, 91- 16), as vi
ended, 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. 6 0d -3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; ) Title VIII of the Civil Rights Act of 196 (42 USC s. et seq.), as
ended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 ( 2 USC s. 1201Note), 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,
5. COVENANT OF NO INTEREST County and Vendor covenant that neither presently has any interest,
d 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
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one's agency authorized 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 t1us 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 'E
Agreement without inability and, at its discretion, to offset from onies owed, or otherwise recover, the full 06
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 11 , 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.
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Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida vi
Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" X
materials in its possession or under its control subject to the provisions of Chapter 11 , Florida Statutes, and 75
ode or received by the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all atto ey's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
Pursuant to F.& 119.0701 and the terms and conditions of this contract, the Contractor is required to,
(1) Deep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the Co ty's custodian of records, provide the County with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to the County.
( ) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of
the Contractor or keep and maintain public records that would be required by the County to perform the service.
If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian of records, in a format that is 06
compatible with the information technology systems of the County.
( ) A request to inspect or copy public records relating to a County contract must be made directly to the
County, but if the County does not possess the requested records, the County shall immediately notify the
Contractor of the request, and the Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the Co ty's request for records, the County shall enforce the public
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records contract provisions in accordance with the contract, notwithstanding the Co ty's option and right to vi
unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to
provide the public records tote County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records
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unless or otherwise provided in this provision or as otherwise provided by law.
CONTRACT,IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1 RIDA STATUTE
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTACT THE
BRADLEY® ,
MONROE COUNTY
Street, SUITE 408, KEY WEST,
FL 33040.
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29. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 76 .2 , Florida Statutes, the
participation of the County and the Vendor in this Agreement d 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 A IMMUNITIES All of the privileges and immunities from liability, exemptions
from laws, ordinances, and raffles and pensions and relief, disability, workers" compensation, and other benefits
which apply to the activity of officers, agents, oremployees of any public agents oremployees of the County,
when performing their respective functions under this Agreement within the territorial limits of the County shall oa
apply to the same degree and extent to the performance of such ftmctions and duties of such officers, agents,
volunteers, oremployees outside the territorial limits of the County.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES: on- ele ation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from
y 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
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the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, vi
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. X
3 . _NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or
y 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, oremployee 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. ATTESTATIONS Vendor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and aDrug-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 oremployee of Monroe oe County in his or her individual
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C.12.b
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 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 HEADfNGS Section headings have been inserted in this Agreement as a matter of E
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement d oa
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.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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C.12.b
In witness whereof, the parties hereto have executed this agreement the day and year first above written,
(Seal) �` O OF COUNTY COMMISSIONERS
,` .tte8t � C?I�, I�E C7 OE COUNTY,T�', FLORIDA
Deputy Clerk Mayor/Chairman
VENDOR:
DATE: e
._a a.._..__,..__...m.A..,..
(Corporate Seal)
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Attest:
f
Witness
Witness
C v��` I-4..T � ]Ns,
L 3�'4�s'�s....R -�J��'.i"�� .,:b�Y e..a..�..
D w �
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C.12.b
POLICY AND PROCEDURES
CONTRACT RISK MANAGEMENT
MANUAL
General r ce Requirements
r
Other Contractors and Subcontractors
s 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 his/her 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 alternative, the Contractor may 06
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 andmaterial) 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 terin 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
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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. �
X
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.
11 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 acceptanceand/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 forWorkers' Compensation.
y deviations from these General Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for Waiver of Insurance a ire a ts" and approved by Monroe County
Risk Management.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED S I AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contrast, 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)
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If split limits are provided, the minimum limits acceptable shall be:
,00 per Iverson
1,000,000 per Occurrence
100,000 Property Damage X
n Occurrence Form olicy 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 contrast. In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months fallowing the acceptance of
work by the County.
0
U
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. 2
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UNLEADEDINSURANCE REQUIREMENTS
FOR
CONTRACT AND DIESELFSUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtainWorkers' E
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
06
In addition, the Contractor shall obtainEmployers' Liability Insurance with limits of not less t
$500,000 Bodily Injury by Accident
500,000 Bodily Injury by Disease, policy limits
50 ,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire terin 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 Ui
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.
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C.12.b
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prier 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:
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00,000 per Iverson
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 x
issued to satisfy the above requirements.
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C.12.b
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
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 Endorsement, demonstrating
financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy
shall be removed. 06
The minimum limits acceptable shall be:
1,000,000 per Occurrence
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C.12.b
Dion Fuels LL C
P.O.
KeY
Box 1209
Florida 33041
305-296-2000 phone
305-296-0635 Fax
1/12/2017
PurchasingMonroe County
West, 06
Key Florida
Dear Bid OpeningCommittee:
r_
Please find enclosed completed bidt ion Fuels LLC for Unleaded W
Diesel Fuel 1311)-99-0-2017/11. Bid proposalthe followingrl-
documents: LO
Submissions
Lobbying and Conflict of Interest Clause
Affidavit
WorkplaceDrug Free
itemsResponses to requested in Sectiont e .1-5
Certificate of Insurance
locallyWe are a
take pride in delivering1 r service to our m
r ® We have provenin deliveringto both
Keys Energy
governmenttll
Our company has an established ree Workplace Policy. We feel that
eliminating lcohol abuse, we improve the health, safety and productivity
of our employees and in turn the qualityto our customers.
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We appreciate r consideration of Dion1 I° 1
Sincerely, ng this bid.
Fuelsid
John Carey, P ident
Dion LLC
06
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ai
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2
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C.12.b
SUBMISSI I
lJnleaed asc�line and iesel I up liar for onroe ounty, loria
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o
GATO BUILDING
11 e 1
KEY WEST, FLORIDA 33040
The undersigned, having carefully examined the specifications, bid and addenda thereto and other bid E
documents for:
06
Unleaded oil e and Diesel Fuel Supplier for Monroe County, Florida 76
in conformance with said specifications and other bid documents Including Addenda issued thereto.
I acknowledge receipt of Addendum (a) o.(s) N/A
Delivery 2 days.
I have included:
o The Submission Response Form Parts I and II XX
• Lobbying and Conflict of Interest Clause For
0 on-Collusion Affidavit
• Drug Free Workplace For
( ec ar its s a ova, as a re i er t at they are inclu � °'
x
Company Name: Dion Fuels LLC
Mailing Address: PO Box 1209 Telephone: 35-26-2000 ext 1 13
Key West , Florida 33041 Fax: 305-296-0635
Date: 1 / 1 2/2 0 1 7
Signed: Witness: �-
!�(�
arse: ,Tohn Cary ( � )it Simmons
Title: President
Applicable License(s) Number: 16 S 9 4 3 2 1 Federal I.D. # 6 1-0 9 35086
Type: Fuel Pollutants License
ID-99-0-2017/II
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SUBMISSION RESPONSE FORM PART11
lteM Description, Monroe Countymarkup/delivery charges per gallon, above Port Everglades Florida
Terminal final(RACK)price from date delivered.
Ll� as� nV ctne) lJltra c uifur iesei Clear arfd ye }
—, 1 5 Key eat 2 2 5 Key West
1 7 5 Sugarloaf 205 Sugarloaf 06
76
15 5 Marathon s 185 Marathon a
° 135 Plantation Key 145 Plantation Key
U-
135 CoralShores 145
Coral Shares
1 15 Key Largo 1 2 5 Key Largo LO
ai
1 / 12/2017
( tur f tier) (Date) �
BID-99°-0-2017/ I
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LOBBYING
SWORN STATEMENT UNDER ORDINANCE ® 010-1990
FLORIDAMONROE COUNTY,
THIS CLAUSE
e John Cary
(Company Officer/Partner/individual)
06
warrants that hest has not employed, retained or otherwise had act on hisAts behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 010-10 or any County officer or employee in violation of Section 3 W
of Ordinance No. 01 -19 0. 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".
c�
ature)
Date: / 12/20 17 LO
X
STATE OF- Florida
C UNTYOF: �Gtnn n
Subscribed and sworn to (or affirmed) before me on 1 / 1 2/2 0 l 7
0
(date)by John C a r
(name of affiant). Hetfllke is personally
known to me or- _ _ — as -
-id tifi
° ° .ertticatior-t) �
I
JUDITH KATHERINEI S
Notary public-State®t iorlda rUdivb
PUBLIC
° °e y Comm.Expires Jan 01 a t her:iene i ons
Commission F 16 i07 is
expires: t �t
ftWed through National Notary Assn.
BID- - -217/II
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C.12.b
AFFIDAVIT
1, . John C a Ly of the city of y West. Florida -- according to law on
my oath, and under penalty of perjury® depose and say that:
1. lamb_ John Cary , President
of the rm of Dion Fuels L L C
making the Bid for the services/work/project described in the Request for Bids for:
pleaded Gasoline & Diesel Fuel upplier( I17 — —2a17/II) and that I
executed the said Bid vvith full authority to do so:
2. The prices in this bid/Bid have been arrived at independently without collusions 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. 76
. Unless otherwise required by law, the prices and percentage of return which have been quoted in
this bid/Bid 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.
. 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 bid/Bid for the purpose of restricting
competition.
. 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 ect/services/work.
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- I11212a17
inature of er) (Date)
TAT OF: Florida w
x
COUNTY ogee
°
PERSONALLYAPPEARED BEF ® the undersigned authority, John Cary who,d idafter
first being sworn by me, (name of individual sighing) affixed his/her signature in the space provided above on
this 12 daycf___,Tanuar 17 `personally known to me"
JUDITH KATHERINE SIMONS
Notary Pudic®State of Florida ;I�ARL�YPU LIC
®� y Comm.Expires Jan 25,2019
Commission FF 15107 JudithKatherine Simons
'eca sG
y Commission Exires: 1 l 2 5 2 0 1
4Bpj JUDITH KATHERINE SIONS
x' Notary Public®State of Florida
y Comm.Expires Jan 25,2019
Commission#FF 165107
gxaeases®®°` Bonded through National Notary Assn,
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C.12.b
DRUG-FREE WORKPLACE FORM
The undersignedContractor/bidder/responder in accordance with Florida Statute 287,087 hereby certifies that:
Dion Fuels LLC
(fame ofBusiness)
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
e taken against employees for violations of such prohibition.
. Informs employees about the dangers of drug abuse in the workplace, the business's olio of maintaining
policy �
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.
06
. Gives each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
. 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
393 (FloridaStatutes) or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five ( )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.
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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 X
requirements.
— _ 1112/2017
i is Signal Date
John Cary , President of Dion Fuels LLC
0
U
STATE OF: — Florida
COUNTY OF: Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority, .rah� r �� who, after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this 12th day Of 7anuary 20 17 ,
®®a{If111 tftP®P� JUDITH KATHERINEI N
a �mNotary Public®State of Florida
My Comm.Expires Jan 25,2019 ,� NOT � U LIC
a°��F g e Commission FF 165107 C�ommlssion
d i t 1L . S i o rt s
//tl®111" Bonded through National Notary Assn,
d
Expires: r �
BID-99-0-2017/IT
Packet;Pg.466
C.12.b i
Dion Fuels LLC
P.O.Box
1209
Key West,FL 33041-1209
Monroe305-296-2000
,Florida
Unleadede and DieselSupplier Bid Monroe County, Florida
Due on r before /1 ! 1BID-99-0-2017/11
10. Content of Submission
B. e following information
( . A list of the person'sshareholders rve percent or more oft e stock or, i
generalr ers i , a list of the generalpartners; or, if a limitedliability company,
list of its members; a list the officers and directorse person:
John Cary, President, 1615 Atlantic Blvd.,Key West, Florida,33040
U-
Steven M. Uphoff, Vice President, 15642 Chesdini rr ce, Chesterfield,
., 23838Linda -
, Secretary/Treasurer, 1 6 e in Landing Terrace,
Chesterfield, ®,
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�i
3. Therr er of years the person hasbeen operating n , if different, the number
of years it has been providing the services, goods, or construction services called
for in the bid specifications; year
4. The number of years the person hasoperated under its present name and any
prior names; 1 year
5. Answers to the following questionsregarding claims and suits:
a. Has the person ever failed to complete work or provide the goods for which it
as contracted? No.
® Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding agai s the person, or its officers or general partners? No -
c. Has the person, within the last five ( years, been a party to any lawsuit or
arbitration it regard to a contract for services, goods or construction
services similar to toe requested in the specifications? No
® Has the person ever initiated litigation i t the county or been suedthe
county in connection it contract top provide services, goods or
construction service ? No.
e. Whether, within the last rve ( years, an officer, general partner, controlling
shareholder or major creditor of the personofficer, general partner,
controlling r er or major creditor of any other entity thatfailed
perform services or furnish sinfflart e sought in the request for bids; No
Packet iPg.467 i
® Monroe County, FloridaC.12.b
Unleaded Gasoline and Diesel Supplier Bid Monroe County,Florida
Due on r before / / BID-99-0-2017/11
Content of Subniission (continued)
® Customer references:
Florida e e c Authority, I 100 Kennedy Drive,
Key West, Florida,33 phone: 1-305-296-2454
Monroecol Board, 242 Trumbo Street, Key
West, Florida, e® 1-305-293-1400
Floridaeys Mosquito Control,5224 CollegeRoad,
Key West, Florida, phone: 1-305-292-7190
g. Credit references:
Citgo Petroleum, Charlotte,NC, 28275
Phone: - -
4075
Exxon/Mobil, P.O. Box 101537,Atlanta, GA 30392
1-877-566-3478
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® The county reserves the right to request additional information related tot e
financial al ficatio , technical competence, the ability to satisfactorily �
perform within the contract time constraints, or other information the
department deems necessary to enable lie department and boardof county
commissioners to deterinine if the person bidding is responsible. Available
upon request.
0
CJ
Jo ry/ re ® /1 /
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C.12.b
DIONENT OP I L1
® DATE iMM
CERTIFICATE OF LIABILITY INSURANCE 17-
0210712017
IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN 'THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(le )Must be endorsed, If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,cerlaln policies may require an andorsoment. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements.
PRODUCER WrZ
CT Robert D.R$ nold
Morris&Reynolds Inc. PHONE3 -i 0 N®:30 -2 6a96 3
14821 South lie Highway __
Miami,FL 33176
Robert D.Reynolds INSURE 9 AFFORDING COYERAGE ___ftAIC N
INaUR A-United States Fire Insurance 2111
INSURED Dion Enterprises LLC T INSURER B:Bri eel ssrualt Ina.Co. 1336
DI Fuels LLC 0
Dion Transport LLC INSURER Endurance Assurance o . 11561
r,Steven Uphoff INSURER D
. ,Box 1209
Key West,FL 33041 INSUPARE, _-_ _ 06
INsu R F:
COVERAGES CERTIFICATE NU NISI �
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ¢
TYPE OF INSURANCE P Y NUMBER d' TTS
_ m—
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE cn
X uR 508877770 02/08/2017 02108/2018
MEO A ®n■pa $_ .
PER 6 WURY S_... 1, 0,06 0
q ® _
GENL AGGREGATE LIMIT APPLIES PER � l -GENERAL AGGREGATE S �2,000,00 p
POLICY J£RCT ®Loc II PR�CitiCrDCRIPBAtls�i s 2,000,00
I R E In 6®n® s.. 1.000.00
m. . __. .. ._.n
=UTMOSLP LIABROW „aN n a s 1,000
,
A NIY AUTO i '50 887777 02106J2017 02$0612016 D'LY I RY IPer PWID 13 S �j
X LOWNED SULED ROD LY INAURYAPeG �!d■ t9AVI AUTE
NON-OWNED difRTY E
)
,X HIREDAWOS X'AUTOS a I S
X uIABRELLAUAB X Oppg EACH OCCURRENCE s 5,000,000 X
A EXCESS LIAB CLXM3-MADE 236056521 107J08/2017 0210812018 AG sNEGATE s 6,000,00
D XJWTEIM2Ns .. ..,. s
WORKERS COMPENSATION `'-
AND EMPL.OYEHIP UARILITY YIN , X $ATLIT
B ANY PROPRIETOR+PARTHEROEMECUTIYE { 19642371 02108/2017 07JOB12018 E EACHACCIDENT s 5000 '-
OFF CLUDFOZ 'NIA -._.... ,._..._ ' U
g na■I® InNHI E sEASE-:W"A�tcYEE s 600,00
II ■s� I be�s, P stAT s IzOm.. __ L.L bM - 67 T �a 600,00 s=
m_ 0
C teBB Liability C30000066t01 0210812017 0210912016 XS Llabl 10,000,00 0
0
DESCRIPTION OF O RATI 3 t LOCA7MNS t VEHICLES(ACORD 101,Addflwid R+ rk%ScheduW,maW be mUsched It en■ra sp®e�I■1■4ut I
Petroleum Distributor-State of Florida MCS 90
'Monroe County Board of County Commissioners,its employees and officials
Additional Insured with toGeneral/Auto Liailit
with rest aC to ts options of client on l . Waiver of Su rogations . 1
Include on ore Compensation. : 1094M-2017111 OA k. P", U
r :�.� Ile
410P-
CERTIFICATE HOLDER CANCELLATION
MONROEB
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRAnON DATE THEREOF, NOTICE WILL BE DELIVERED IN
'Monroe County Board ACCORDANCE WITH THE POLICY PROVISIONS.
of County Commissioners
110 Simonton et Au I�R ' TA
Key West,FL 33040
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
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C.12.c
FIRSIAZENEWAL AGREE' ~N'ir
FIIIS AGR I:ME='N]' is made and entered into this ?1st day of'I ebru ry. Ol 8 betwcera the
MONROE COUNTY and DION RJELS LLC'., in order to rc=racrw the €rgrecnicrrt between the E
parties dated March 15'1,# `017,
06
L. In accordance with Item --- "1 l'R M CAI°` C`ONT AC"t` tF1 r)t tlac 17 our, � �
� c�rrrcrit� the �
t.`c trr�t hereby c1� exercises its op tirrrr to rrenc�N the A reenie rt firr the I s& c-ldditional one-
year term beginning, March 15th. 0 .
c�
In all other r res peg°ts. glee agreement �
1 Ietwccrr tlaL IrGrrtics cLrtccl ivlarcl� 1r["r,. l)17 rt rrr�r. rrs
ira f'till force and efl-e;t_.
IN Wl I NESS WHEREOF, the parties hm c hereunto set their hands and sea], the (icry, and year
first written above.
(`EA L)
M.FEST`: K1vVIN MADOK, C'I.FRK BOARD 011" C'OUN'I`y C'MI]MIS ION1 16
OF MONROL' C C)t; C I,t tl ltt_'
1
_ v_�. _
Deputy Clerk C< ' C"la rs'rnr{rrr X
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SECOND RENEWAL AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of February, 2019 between the
MONROE COUNTY and DION FUELS LLC., in order to renew the agreement between the
parties dated March 151", 2017.
I In accordance with Item 2—TERM OF CONTRACT ( ) of the 2017 agreement, the
County hereby exercises its option to renew the Agreement for the 1 st additional one- 06
year term beginningarch 15t , 2019.
1 In all other respects, the agreement between the parties dated March 15t , 2017 remains
in full force and effect.
IN WITNESS,WPIERECF, the parties have hereunto set their hands and seal, the day and year r-
,first written above.
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARDCOUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
p .®
By
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Deputy Clerk Mayor/Chairman
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SS Sm DIQ FUELS, LLC
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Witness 1 s
Witness 2 Print Marne _.
Title
MO of COUNTY ATrO y
AS TOE
ASSISTANT COUNTY AT S I�
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RENEWALTHIRD AND AMENDRE NT TO AGREEMENT
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THIS AGREEMENT is made and entered into this 19,h slay of February,2020 between �
MONROE COUNTY and DION FUELS LLC., in order to renew the agreement between the
parties dated March 15`u 2017. 06
1. In accordance with item —TERM OF CONTRACT ACdT( ) of the 2017 agreement, the
C;ou.unty, hereby exercises its option to renew the Agreement for the 3rd additional one-
year term beginning March 15`h, 2020, '
m
Since this contract may be utilized in an Emergency wont, the following changes will be
required: ) Rvwgraph 14 Termination will be amended to read as set forth below 2)
Paragraph 17•- Books, records and Documents will be ar nended to read as set forth below
) Paragraph 4- Discrimination ination shall be amended to read as sot forth below and 4)
m
Federally required contractual provisions will be added as paragraph .. Federal Contract
Rcquirement as scat forth below:
14. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to to i.inate this agreement after five days �
written notification to the CONTRACTOR.
.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) clays written notice of its intention to do so.
C:, Termination for Cause and remedies: In the event of breach of anv contract terins, the
COLINTY retains the right to terminate this Agreement. The COLNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein 06
prodded. In the event. of such ternimation, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days` notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. if the
breach is not aired, the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shalt pay
C;OWRAC;TO . the sum dune the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds �
remaining in the contract; however, the COUNTY reserves the right to assert and LU
seek an offset for damages caused by the breach. Tlxe maximum arnount dune to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition- the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sure for breach of contract and including the �
right to pursue a clairn for violation of the COU T 's False Claims Ordinance, �
located at Section 2-721 et al, of the Monroe County Code.
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D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTOR. f the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds �
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement 06
7. MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted
accounting principles consistently aplieda Records shall be retained for a period of ,
seven years from the tennination of this agreement or fora period of three years from
the submission oft e final expenditure report as per 2 CFR §200.333,whichever is
greater. Each party tot is Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years
following the termination oft is Agreement. If an auditor employed by the COUNTY
or Clerk determines that monies paid to CONTRACTOR pursuant tot is Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully _
retained by the CONTRACTOR, e CONTRACTOR shall repay the monies together
with interest calculated pursuant to Sec. 55, 3, of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
2 . NONDISCRIMINATIONffiQUAL
0
CONTRACTOR and COUNTY agree that there will be no discrimination against any
persons and it is expressly understood that upon a determination by a court of competent W
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.
CONTRACTOR or COUNTY 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 VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits
discrimination on the basis of race, color or national origin; )Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 6 1-1683, and 1 -16 6), 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 o
handicaps;4)The Age Discrimination Act of 1975, as amended ( 2 USC ss. 61 1-6107) 2
which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and
Treatment Act of 1972 L, 2- 55), as amended, relating to nondiscrimination on the
basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, _
Treatment and Rehabilitation Act of 197 (FL, 1-61 ), as amended, relating to
non iscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 ( 2 USC ss. 90d -3 and 290ee-3), as amended,
relating to confidentiality ofalcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 196 (42 USC s. 3601 et se a), as amended, relating o
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nondiscrimination in the sale, rental or financing of housing; 9)The Americans with
Disabilities Act of 1990 ( 2 USC s. 1210Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 1 ) Monroe County Code
Chapter 14,Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11)Any other nondiscrimination rovisions in any Federal or state
statutes which may apply tote parties to, or the subject matter of,this Agreement. 06
During the performance oft is Agreement,the CONTRACTOR, in accordance with ul
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 19 4-1965 Comp., p.
339), as amended xecutive Order 11375,Amending Executive Order 11246 Relating to �
Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office o
Federal Contract Compliance Programs, Equal Employment Opportunity, Department o ,
Labor). See 2 C.F.R. Part 200, Appendix 11,1 C, agrees as follows:
m
1) The contractor will not discriminate against any employee or applicant foremployment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. p
e contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited tote following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forins of compensation;and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided byte contracting officer setting forth the provisions of this nondiscrimination
clause.
0
2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for 0)
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
) The contractor will not discharge or in any other manner discriminate against any _
employee or applicant foremployment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish _
information.
) The contractor will send to each labor union or representative of workers with which it �
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
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representative of the contractor's commitments under section 202 of Executive Order 11246
of September 24, 1965, and shall past copies of the notice in conspicuous places available
to employees and applicants foremployment.
5) The contractor will comply with all provisions of Executive Order 1146 of September
24, 1965, and of the rules, regulations, and relevant orders oft e Secretary of Labor.
06
6) The contractor will furnish all information and reports required by Executive Order
11246 of September 2 , 1965, and byte rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts byte
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders. ,
7) In the event of the contractor's non-compliance with the nondiscrimination clauses oft i
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 1126 of September 24, 1965, or by rule,
regulation, or order oft e Secretary of Labor, or as otherwise provided by law.
) The Contractor will include the portion of the sentence immediately rece ing paragraph
(1) and the provisions of paragraphs (1) through ( ) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the united States to enter into such litigation to protect the interests
of the United States.
38. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. 200.326 Contract provisions and Appendix Il to
C.F.R. Part 200, as amended, including but not limited to:
38.1 Davis-Bacon Act, as amended (40 U.S.C. §§ 1 1-314 ). When required by Federal
program legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program,Nonprofit Security Grant Program, 'Tribal Homeland _
Security rant Program, Port Security rant Program and 'Transit Security Grant Program, all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply
with the Davis-Bacon Act(40 U.S.C. §§3141-314, and §§3146-31 )as supplemented b
Department of Labor regulations ( 9 CFR Part 5, "Labor Standards Provisions Applicable to �
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
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C.12.e
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If applicable,the
COUNTY must place a current prevailing wage dete ination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes emergency ana e ent Preparedness Brant Program, Homeland 06
Security Chant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, fort Security Grant Programand Transit Security grant Program (it does not apply to
other FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland"Anti-Kickback"Act( 0U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part3, "Contractors and ,
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). As required by the Act, each contractor or subrecipient is
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work,to give up any part of the compensation to which he ors e is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 4
U.S.C. § 315, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated y reference into this contract.
(2) Subcontracts. The contractor or subcontractor s all insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all ofthese contract clauses. E
(3) Breach. A breach of the contract clauses above may be grounds
for termination oft e contract, and for debarment as a contractor a
subcontractor as provided in 29 C.F.R. § 5.12. 06
38.2 Contract Work Hours and Safety Standards Act ( 0U.S.C. 3701- ). Where
applicable, which includes all FEMA grant and cooperative agreement rogra s, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment o
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part5). Under 40 U.S.C. §37 2 oft e Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
.sic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open aret, or
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C.12.e
contracts for transportation or transmission of intelligence.
its to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition o "funding agreement"under 37 CFR §4 1. (a)and the recipient or
subreci lent wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that"funding agreement,"the
recipient or su recipient must comply with the requirements of 37 CFR Part 401, "Rights 06
o Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
38.3 Clean Air Act(42 U.S.C. 7 1-7 71 . and the Federal Water Pollution Control
Act (33 U.S.C. 1251-13 7). Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7 71 )
and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-13 7)and
will report violations to FEMA and the Regional Office of the Environmental
Protection Agency (EPA). The Clean Air Act( 2U.S.C. 74 -7671 .)and the Federal
Water Pollution Control Act(33U.S.C. 1251-1387), as amended—applies to Contracts
and sugrans of amounts in excess of$150,000.
38.4 Debarment and Suspension (Executive Orders 12542 and 126891—A contract
award (see 2 C R 180.220)must not be made to parties listed on the governmentwide
exclusions in the System for Award Management(SA ), in accordance with the OMB
guidelines at 2 CFR 180 that implement xecutive Orders 12549 (3 CFR part 1986
Comp., p. 1 9) and 12689 (3 CFR part 1989 Co . 35), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded y agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 154 .
38.5 Byrd Anti-Lobbying Amendment(31U.S.C. 1352) ontrac ors that apply or bid
for an award exceeding 100,000 must filet e required certification. Each tier certifies _
tot e tier above that it will not and has not used Federal appropriated funds to pay any
arson or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
3 .6 Co Hance it rocure ant ofrecovere materials as set forth in 2 CF
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal
Act, as amended, byte Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest
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C.12.e
percentage of recovered materials practicable, consistent with aintaining a
satisfactory level of competition, where the purchase price oft e item exceeds $10,000
or the value of the quantity acquired during the preceding fiscal year exceeded 1 ,0 0;
procuring solid waste management services in a manner that maximizes energy an
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
06
8.7 Americans with Disabilities Act of 1990, as amended (A )®The
CONTRACTOR will comply with all the requirements as imposed y the A A, the
regulations oft e Federal government issued thereunder, and the assurance by the
CONTRACTOR rsuant thereto.
38.E isaysntae usiness me rise ( } oicy and Nation - It is the policy
of the COUNTY that 's, as defined in 49 C.F.C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in
part with COUNTY funds under this Agreement. The DBE requirements of applicable —
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that 's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in _
detailbelow), applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY and
the CONTRACTOR and subcontractors shall not discriminate on the basis of race, E
color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
2 C.F.R. & 200.321 CONTRACTING IT SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISESAND L.ABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks �
to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the
CONTRACTOR shall take the following affirmative steps to assure that inority businesses,
wo en's business enterprises,and labor surplus area firms are used whenever ossi le.
. Affirmative steps must include: -- _
(1) Placing qualified small and minority businesses and wo en's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and omen's business enterprises;
(4) Establishing deliveryschedules,wee the requirement LU
e its,which encourage participation by small and minority businesses,an
wo en's business enterprises;
(5) Using the services and assistance, as appropriate.of such
organizations as the Small Business Administration and the Minority Business E
Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to
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take the affirmative steps listed in paragraph (1)through (5)of this section.
38.9 The Contractors all utilize the U.S. Department of Homeland �
Security's -Verifysystem to verify the employment eligibility f all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant tot e Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the 06
employment eligibility of all new employees hired by the subcontractor during the
Contract term.
38.10 Access toRecords: Contractor/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security ( S) and the Federal
Emergency Management Agency's ( )access to records, accounts, documents,
information, facilities, and staff. Contractors/Consultants must 1. cooperate with any
compliance review or complaint investigation conducted by DHS 2. Clive DFIS access to —
and the right to examine and copy records, accounts, and other documents and sources o
information related tot e grant and permit access to facilities, personnel, and other
individuals and info aion as may be necessary, as required by DHS regulations an
other applicable laws or program guidance. 3. Submit timely, complete, and accurate _
reports to the appropriate S officials and maintain appropriate backup documentation
to support the reports.
38. S Seal® L o o and la s: Contractor shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
8.12 Changes to Contract: The Contractor understands and agrees that any cost resulting �
from a change or modification, change order, or constructive change of the agreement
must be within the scope of any Federal grant or cooperative agreement that may fund this
Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both the 06
_
COUNTY and Contractor.
38.13 FDEM Contract Requirements: If this Agreement is funded byte Florida
Department of Emergency Management, the CONTRACTOR will be bound by the terms
and conditions of the Federally-Funded Subaward and Grant Agreement between
COUNTY and the Florida Division of Emergency Management(Division) and the �
CO T CT' shall of the Division and C harmless against all claims of
whatever nature arising out of the C T C 's performance of work under this
Agreement, tot e extent allowed and required by law, LU
3. In all other respects, the agreement etween the parties dated March 15t , 2017 remains
in full force and effect.
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seal, the day and year
first written above.
E
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS E
OF MONROE COUNTY, FLORIDA
By cu
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Deputy Clerk ay hairman
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