Item C02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
2/18/04
Division:
Public Works
Bulk Item: Yes -L No
Department: Fleet Management
AGENDA ITEM WORDING: Approval to renew the existing fuel contract with Dion Oil Company
for delivery of diesel fuel and unleaded gasoline for one additional year.
ITEM BACKGROUND: Our existing contract allows Monroe County to renew the contract for two
additional one year periods, this being the second one-year extension. Dion Oil Company has agreed to
the one year renewal at zero increase over the original agreemtnt, for their delivery services. Fuel
prices often vary as they go up and down, due to nation wide cranges at the terminal.
PREVIOUS RELEVANT BOCC ACTION: On March 20~, 2002, the Board executed the existing
fuel contract with Dion Oil Company for delivery of diesel fuel and unleaded gasoline, which is then
distributed though the County pumps and charged back to Couinty Departments, the School Board,
Sheriff Department and other agencies.
CONTRACT/AGREEMENT CHANGES: Estimated annual total costs are up from $550,000.00 to
$640,000.00 and the estimated cost to the County is up from $190,000.00 to $224,000.00. Estimated
increases are due to higher than normal cost per gallon at the Port Everglades terminal, where the
County's fuel is purchased.
STAFF RECOMMENDATIONS: Approval as stated above and authorization for the Mayor to
execute the renewal agreement for same.
TOTAL COST: Aoorox. $640.000.00
BUDGETED: Yes 1L- No
COST TO COUNTY: Approx. $224.000.00 SOURCE OF FUNDS: 45% gas tax/55% ad valorem
REVENUE PRODUCING: Yes
Noll AMOUNTPERMONTH_ Year
APPROVED BY: County Atty. _
OMB/Purchasing _
Risk Management_
DIVISION DIRECTOR APPROVAL:
~p~ 2-/1/oy
Dent Pierce
DOCUMENTATION:
Included ~
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #
~2-
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Dion Oil Company Effective Date:3/20/04
Expiration Date:3/20/05
Contract Purpose/Description:Supply diesel fuel and unleaded gasoline to Monroe County and
Monroe County School Board fueling facilities throughout the Keys.
Contract Manager:Roy Sanchez
(Name)
3572
(Ext. )
Fleet Management
(Department)
for BOCC meet" on 2/18/04
CONTRACT COSTS
Total Dollar Value of Contract: $640.000.00 Current Year Portion: $347.000.00 approx
approx
Budgeted? Yes[8] No 0 Account Codes: ALL DEPARTMENTS PLUS SHERIFF.
HIGHWAY PATROL AND OTHER AGENCIES-_
Grant: $_
County Match: $_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For: _
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
tat, ~ Needed
Division Director -;, (p f?; Y esO NoD
Risk Management J/{~'I YesONolB" ;{~
O.M.B.lPurcbasing o.y~f'YesD No[<<' c;Je.jJ,- O~
County Attorney 2/...?;/ f YesO NolLf. ~
Date Out
Wov
d/~1
2Jfof
~/;~
Comments:_
OMB Fonn Revised 9111195 MCP #2
RENEWAL AGREEMENT
TillS AGREEMENT is made and entered into this day of , 2004
between the COUNTY OF MONROE and DION OH..ICOMPANY in order to renew the
agreement between the parties dated March 20th, 2002.
1.
In accordance with Paragraph I 1 (B) of the 2002 Weement, the County hereby exercises
its option to renew the Agreement for an additionfii one-year term beginning March 20th,
2004.
In all other respects, the agreement between the ~s dated March 20th, 2002 remains in
full force and effect.
2.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor / Chairman
WITNESSES:
DION OIL COMPANY
By
MONROE COUNTY ATTORNEY
<if2.0RM
ROBE .' OLFE
CHIEF ~!!T~'UN~TTORNEY
Date ." .
Contract
DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
THIS AGREENfENT, made and entered into this J-t4h day of MA.r'vh
?--OO"1.--- by and between the COUNTY OF MO~OE, STATE OF FLORIDA,
and political subdivision of the State ofFl6rida hereinafter called "County" and
Dion Oil Co. LLC hereinafter called "Vendor".
WITNESSETH:
That the parties hereto for the consideration hereinafter names, agree to the
following:
I. DESCRIPTION:
A. The Vendor shall deliver Number Two Diesel fuel, High Sulfur Diesel
fuel and 86-87/88-89/92-93 Octane Gasoline 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 b;Y 4:00pm. ".
B. Deliveries will be in quantities ofless 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
proVlslon.
C, Upon request by the County, Vendor shall provide aocumentation
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 Vendor shall have the capability to pUIIilp fuel into aboveground tanks
through standard quick detachable couplings.
F. The Vendor shall have ability to provide daiJ.y deliveries of gasoline and
diesel to multiple locations after a hurricane, natural disaster, or other emergency for as
long as the need exists.
II. 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.
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B. The County shall have the option to renew this agreement after the first year,
for two (2) additional one (1) year periods.
ill. HOLD HARMLESS
I
The Vendor covenants and agrees to indemnify and holdl harmless Monroe County Board
of County Commissioners from any and all claims for bqdily injury (including death),
. personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Vendor or" any of its
Subcontractor(s) in any tier, occasioned by the negligence or other wrongful act or
omission of the Vendor or its Subcontractor(s) in any tier, their employees, or agents. The
extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
IV. INSURANCE
Prior to execution of this agreement the Vendor shall furnish the County
Certificates of Insurance indicating the minimum coverage limitations as stated in the
General Insurance Requirements for Suppliers of Goods or Services section of this
contract.
V. PAYMENT
A
charges.
Price per gallon shall reflect Port Everglad~s Florida Terminal (RACK)
B. Monroe County may not be charged more ~ the following prices listed
above market (RACK) price from date ordered. .
Unleaded Gasoline (Any Octane)
lpiesel (#2 and High Sulfur)
$_. 0825
$_.0775
$_.0675
$_.0650
$_.0500
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
$_.0825
$_.0775
$_.0675
$_.0650
$_.0500
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
C. The Vendor shall submit invoice to the Co~ty, itemizing the delivery
location, the requesting department, the RACK prices, and WI taxes, for each delivery to
the locations described herein.
3
e.
D. Upon receipt of Invoice the County shall have thirty days to render
paymentto Vendor.
G. Diesel fuels and Gasoline taxes must be itemized on each invoice.
VI. INDEPENDENT VENDOR
At all times for all purposes under this agreement the Vendor is an independent
Contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
Vendor or any of his /her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
VII. ASSURANCE AGAINST DISCRIMINATION
Vendor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or g~odsunder this agreement.
VITI. ASSIGN1'vffiNT
.\ .
.
Q.
Vendor shall not assign or subcontract this agreem~nt, 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 pro~sions 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 provision of
this agreement. Unless expressly provided for therein, such I approval shall in no manner
or ev.~nt be deemed to impose any obligation upon the Coub,ty in addition to the total
agreed-upon price of the services/goods of the Vendor. i
IX. CONfPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Vendor shall abide
by all statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this Vendor immediately upon
delivery of written notice of termination to the Vendor.
X. NOTICE REOUIREMENT
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:
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For County:
Fleet Management Services
3583 S. Roosevelt Blvd.
Key West, FL 33040
For Vendor:
Dion Oil Company LLC
P. O. Box 1209
Key West, Fl 33041-1209
XI. FUNDING AVAILABILITY
In the event that funds from Fleet Management Services operating Gasoline and
Diesel Accounts are partially reduced or cannot be obtained or cannot be continued at
level 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 oftennination delivered in person or by mail to the Vendor. The County shall only
be obligated to pay for any goods delivered by the Vendor until the Vendor has received
written notice of termincition due to lack of funds.
XII. PROFESSIONAL RESPONSffiILITY
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 Notic.e of calling for Bids. The provider shall at all times
exercise independent, professional Judgment and shall assuxPe professional responsibility
for the services to be provided. Continued funding by the CQunty is contingent upon
retention of appropriate local, state, ancJJor federal certificat~on and/or licensure of
vendor. .
.~..
XIll. PUBLIC ENTITY CRIME STA TE1vfENT
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 Ji>e awarded or pe.rform work
as a contractor, supplier, subcontractor,. or consultant under a contract .with any public
entity, and may not transact business with any public entity in'excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO ($3000.00) for a period of
36 months from the date of being placed on the convicted vendor list.
XIV. TERMINATION
If the Vendor fails to fulfill the terms of this agreeme~t, or attachments, properly
or on time, otherwise viplates the provisions of the agreement, the County may terminate
the contract by written notice. The notice shall specify cause; The County shall pay the
vendor the contract price for goods delivered but not paid for on the date of termination,
less any amount of damages caused by the Vendor's breach. If those damages are more
than the amount due the Vendor then the Vendor remains liable to the County for the
excess amount.
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XV. APPLICABLE LAWS AND VENUE
This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County, Florida.
In witness whereof, the parties hereto have executed this agreement the day and
year first above written, . :
COUNTY ~F MONROE,
::TIWFFL!A
MAYO
DAlE: 1111 ~ Z6~ z.. tI ~
L. KOLHAGE, CLERK
.\
VENDOR:
BY(K~~~
DATE: ;;) - ~ l, -0 ~
(Corporate Seal)
A~)/t
~ble~
Witness
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APPROVED AS TO FORM
AND.. EY
BY
....
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