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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Dion Oil Company LLC Effective Date:8/17/11
Expiration Date:8/17/12
Contract Purpose/Description:Supply bio-diesel fuel to Monroe County fueling facilities
throughout the Keys.
Contract Manager:Roy Sanchez
(Name)
for BOCC meeting on
3572 Fleet Management
(Ext.) (Department)
Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $200,000.00 Current Year Portion: $25,000.00 approx
a rox
Budgeted? Yes® No ❑ Account Codes: ALL DEPARTMENTS PLUS OTHER
AGENCIES- - - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (ea maintenance ntilit;Pc
Date n
Division Director if
Risk Manage ent x=
LIL
O.M.B./Purc asing��
County Attorney
Comments:
WR Fnrm RPv;cad 0/11/Oz Arf,n ll1
CONTRACT REVIEW
Changes
Needed Reviewer
Yes[] No[ -�
� r
Yes[] NoEJ t� ..
i
YesEl Now ` .... .
YesO NOFX Pedro Mercado
Date Out
161 11
5/9/ 1
RENEWAL AND AMENDMENT AGRE EMENT
Big-DIL-SEL —FUIEL $�
TIES AGREE.NiENT is made andentered into this 15'1 day of June, 210 11 between the COUNTY OF
MONROE and DION 011s COMP -ANY in order to renew the ag
reement between the parties dated August
In accordance with Paragraph U."(13) of the 2010 agreement, the Cournyhere by exercises its option to
renew the Agreemerit for the I" additional one-year term beginning August 17", 20 1.1
Item I (A) Df-`S(� LP —W -�LtQN
A, The Contractor(s) shall deliver Bio-Diesel fluel (B5 thru B0, and must meet ASTWI industry
standards) to locations in the Key West, Marathon, and Plantation Kev areas as requested by the
ordenrig More Couniv department end on'the dates requested- Fuel shall be delivered the, next day if
requested by 4:00prn- Orders may be placed and confirmed via phorte, fax, e-rnail, etc,, as is deternnined
in the County's best interest.
In all other respects, the agreernent be"A.,een the parties dated August 18 1h, 20 10 remains in full force and
effect,
IN WITNESS WHEREOF, the parties have hereunto set their bands and seal, the day and year first written
above.
(SEAL)
ATTEST. DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF ON OE COUNTY, FLORIDA
0
Ma-vor/ Chairman
WITNESSE,S:
AS
DION 011, COMPANY
BV
-Y
CONTRACT
BIO-DIESEL FUEL SUPPLIER
THIS AGREEMENT is made and entered into this 18`h dayof f August 2010 by and between the MONROE
COUNTY, a political subdivision of the State of Florida hereinafter called "County" and DION OIL
COMPANY, LLC hereinafter called "Contractor".
WITNESSETH:
That the parties hereto for the consideration hereinafter names, agree to the following:
1. DESCRIPTION
A. The Contractor(s) shall deliver Bio-Diesel fuel (1320, and must meet ASTM industry standards)
to locations in the Key West, Marathon, and Plantation Key areas as requested by the ordering
Monroe County department and on the dates requested. Fuel shall be delivered the next day if
requested by 4:00pm. Orders may be placed and confirmed via phone, fax, e-mail, etc., as is
determined in the County's best interest.
B. Deliveries will be in quantities of less than One Thousand (1000) gallons to Two Thousand Five
Hundred (2,500) gallons (Full Tanks). The Contractor(s) shall have a metered tanker for all
deliveries and shall be required to itemize invoices for each delivery under this provision.
Additionally, the Contractor shall be required to show proof of purchased price per gallon and
the day's proof of price per gallon from all available providers at the Port Everglades, FL.
Terminal.
C. Upon request by the County, Contractor(s) shall provide documentation supporting most recent
pump meter certification.
D. All deliveries must be witnessed and delivery tickets must be signed and dated by Monroe
County personnel.
E. The Contractor(s) shall have the capability to pump fuel into aboveground tanks through
standard quick detachable couplings.
F. The Contractor(s) must have ability and shall be required to provide daily deliveries of regular
diesel fuels to multiple locations after a hurricane, natural disaster, emergency, or other
conditions for as long as the need exists. (Under such conditions, all extra pricing including
freight for fuel picked up from Florida terminals other than Port Everglades or out of state
terminals must be preapproved in writing by the County).
G. The County reserves the right to purchase from any licensed Contractors as needed in cases
when the Contractor cannot deliver, or in a case of emergency as deemed best for the interests of
the County. Each of our three tanks are 3000 gallon above ground tanks, and located at 3583 S.
Roosevelt Blvd, Key West, FL 33040; 10600 Aviation Blvd., Marathon, FL 33050, and 186 Key
Heights Dr., Plantation Key, FL 33070.
H. The contractors must bid all locations and items to be considered responsive.
2. TERM OF CONTRACT
A. This contract shall be for a period of one (1) year commencing upon the day in which it has been
executed by both parties.
B. The County shall have the option to renew this agreement after the fast year, for two (2) additional
one (1) year periods.
3. HOLD HARMLESS
Notwithstanding any minimum insurance requirements prescn-W elsewhere in this Agreement,
Contractor shall defend, indemnify and hold the County and the CounVs elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
MY activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this
kgreement, (B) the negligence or willful misconduct of Contractor or any -of its employees, agents, contractors
)r other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the
2
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 ofits employees,
agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of tlris Agreement,
this section will survive the expiration of the term of this Agreement or any earlier termination of this
Contractor. The County shall not in any forrn, defend, indemnify, and/or hold Contractor harmless.
4. INSURANCE
Prior to execution of this agreement the Contractor(s) shall famish the County Certificates of Insurance
indicating the minimum coverage limitations as stated in the General Insurance Requirements for Suppliers of
Goods or Services section of this contract.
5. PAYMENT
A. Price per gallon shall reflect (Contractor's Purchase Price) from the day's lowest available
priced provider at Port Everglades, FL. Terminal.
B. Monroe County may not be charged more than the following prices listed above contractor's
Purchased price from the day's lowest priced available providers at Port Everglades, FL.
Terminal from date delivered.
$ 0.215 Key West $0.175 Marathon
Ultra Low Sulfur Clear Diesel Fuel
$ 0.215 Key West $0.175 Marathon
Jltra Low Sulfur Dyed Diesel Fuel
$ 0.215 Key West $0.1-75 Marathon
$0.135 Plantation Key
$0.135 Plantation Key
$0.135 Plantation Key
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C. Upon receipt of an invoice with supporting documentation acceptable to the Monroe County
clerk of Court, the County shall pay Contractor(s) in accordance with the Florida Local
Government Prompt Payment Act. Acceptabililty to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
D. Upon receipt of Invoice the County shall have thirty days to render payment to Contractor.
E. Diesel fuels taxes must be itemized on each invoice.
6. INDEPENDENT CONTRACTO IS)
At all times for all purposes under this agreement the Contractor 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 Contractor or any of his/her employees, Sub-contractor(s� servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
7. ASSUR AI+10E AGAINST DISCRMNATION
Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age,
or any other characteristic or aspect which is not job related, in its recruiting, hiring promoting, terminating, or
any other area affecting employment under this agreement, or with the provision of services or goods under this
agreement.
8. ASSIGNMENT
contractor 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
I'd provisions as the County may deem necessary. This agreement shall be incorporated by reference into any
ssigmnent or subcontract and any assignee or subcontractor shall comply with all of the provision of this
greement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to
repose any obligation upon the County in addition to the total agreed -upon price of the services/goods of the
'onttactor.
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9. COMPLIANCE WITH LAW
In providing all services/goads pursuant to this agreement, the contractor shall abide by all 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 statutes ordinances, rules and regulation shall
constitute a material breach of this agreement and shall entitle the Board to terminate this contract
immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess
proper licenses to perform work in accordance with these specifications throughout the term of this contract.
10. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage
prepaid, to the other party by certified mail, returned receipt requested, to the following.
Forte
Monroe County Fleet Management
3583 S. Roosevelt Blvd.
Key West, FL 33040
For Contractor.
Dion Oil Company LLC
P. O. Box 1209
Key West, FL 33041
11. FUNDING AVAILABILPTY
With a copy to:
Suzanne A. Hutton
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
n the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially
educed or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of
ervices/goods specified herein, this agreement may then be terminated immediately at the option of the county
,y written notice of termination delivered in person or by mail to the Contractor. The County shall only be
bligated to pay for any goods delivered by the Contractor(s) until the Contractor(s) has received written notice
f termination due to lack of funds. -
E
12. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed
by the project herein described, subject to the terms and conditions set forth in the Notice of calling for Bids.
The provider shall at all times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding by the County is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of Contractor.
13. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity
crime may not submit a proposal or bid on a contract to provide any goods or services to a public entity, may
not submit a proposal or bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit proposals on leases 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 for a period of 36 months
from the date of being placed on the convicted Contractor list. Category Two: $25,000.00
14. TERMINATION
If the Contractor fails to fulfill the terns of this Agreement, or attachments, properly or on time, or otherwise
violates the provisions of this Agreement, the County may terminate this Agreement upon 7 days written notice
to the Contractor. The County shall pay the Contractor the contract price for goods delivered but not paid for on
the date of termination, less any amount of damages caused by the Contractor's breach. If those damages are
more that the amount due the Contractor, then the Contractor shall remain liable to the County for the excess
amount.
15. BOOKS, RECORDS, AND DOCUMENTS
contractor shall maintain all books, records, and documents directly pertinent to performance under this
kgreement in accordance with generally accepted accounting principles consistently applied. Each party to this
kgreement or their authorized representatives shall have reasonable and timely access to such records of each
rther party to this Agreement for public records purposes during• the term of the Agreement. and for four years
oolowing the termination of this Agreement. If an auditor employed by the County or Clerk determines thg
6
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
16. GOVERNING LAW VENUE INTERPRETATION
Governing Law, Venue, Interpretation, Costs, and Fees: 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 Contractor agree that venue will He in the
appropriate court or before the appropriate administrative body in Monroe County, Florida
The County and Contractor agree that, m 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.
17. SEV ,RABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance
or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby, and
each remaining term, covenant, condition and provision of this 7 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 Contractor 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.
18. ATTORNEy'S FEES AND COSTS
Fhe County and Contractor agree that in the event any cause of action or administrative proceeding is initiated
)r defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
.hall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
sward against the non -prevailing party, and shall include attorney's fees, courts costs, -investigative; and out -of -
locket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
7
Agreement shall be in accordance with the Florida Rules of Civil Procedure and -usual and customary
procedures required by the circuit court of Monroe County.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the
County and Contractor 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
Contractor and County agree that each shall be, and is, empowered to apply for, seep, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to beltesoived 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.
13. COOPERATION
n the event any administrative or legal proceeding is instituted against either party relating to the formation,
Mecution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent
equired by the other' party; in all proceedings, hearings, processes, meetings, and other activities related to the
ubstance of this Agreement or provision of the services under this Agreement. County and Contractor
s
specifically agree that no party to this Agreement shall be required -to enter into any arbitration proceedings
related to this Agreement.
24. NONDISCRIMINATION
Contractor 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 f rther action on the part of any party, effective the date of the court order.
Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not Iimited to: 1) Title VI of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s.
794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohbits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 255), as amended, relating to nondiscrimination on the basis of drug abuse;
6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis. of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights Act of 1968 (42 USC
s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating -
to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
25. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which
would conflict in any manner or degree with its performance under this Agreement, and that only interest of
each is to perform aad receive benefits as recited in this Agreement.
9
26. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency, unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
27. NO SOLICITATION/PAYMENT
The County and Contractor wan -ant that, in respect to itself, it has neither employed nor retained any company
or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
28. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
Papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and
the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
29. NON -WAIVER OF IMMUNMES
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the
Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
:Overage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to
he extent of liability coverage, nor shall any contract entered into by the County be required to. contain any
provision for waiver.
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30. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions
and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
31. LEGAL QBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating entity, in which case the
Performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case law.
32. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely -,upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
33. ATTESTATIONS
ontractor agrees to execute such documents as the County may reasonably require, to include a Public Entity
rime Statement, an Ethics Statement, and a Drag -Free Workplace Statement.
11
34. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability
or accountability by reason of the execution of this Agreement.
35. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original
a
all of which taken together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is
agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of
any provision of this Agreement.
37. MUTUAL REVIEW
This agreement has been carefully reviewed by CONTRACTOR 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
12
In witness v Ise06.f,the parties hereto have executed this agreement the day and year first above written,
Aftesf�17=1� TlLHAGE, CLERK
uty Clerk
CONTRACTOR:
BY g--
DATE: ' G�
(Corporate Seal)
T
1 1
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
13