Item C05
o
DION OIL COMPANY, LLC
P.o. Box 1209
Key West, FL 33041-1209
305-296-2000
Monroe County Public Works
Purchasing Office
1100 Simonton St, Room 2-213
Key West, FI 33040
Gentlemen:
This letter will notify the Board of County Commissioners of Monroe County of our
desire to bid on the deliver of Diesel Fuel and Unleaded Gasoline as specified in BID-
FMS-II-354-2005/PUR.
Dion Oil Company is a long established Monroe County business with more than 40
years experience in the petroleum and lubricant industry. To better serve our customers'
needs, we maintain contact with several major oil companies. Our main supplier, Citgo
Petroleum Corporation offers a No.2 Diesel fuel and Unleaded Gasoline that we will
supply to meet your needs. A material safety data sheet that outlines this product is
enclosed.
Dion Oil Company will offer a 1-% net 10 discount. All invoicing will be accompanied
by price verification as supplied via DTN transmission.
Dion Oil Company has an established Drug Free Workplace Policy. We feel that by
eliminating drug and alcohol abuse, we will improve the health, safety and productivity of
our employees, and in turn the quality of service we offer our customers.
We have fuel trucks stationed here 24hours a day 7 days a week. I live in Key West. This
enables us to quickly react to the needs of the county during emergency situations such as
hurricane GEORGES and/or other critical situations.
In closing, we at Dion Oil Company hope to again have Monroe County Public Works
and the District School Board as valued customers.
Sincerely,
- (
i~G'vV"/"4.,k<-L- (It ~'wc'1-
tawrence R. Dion
Dion Oil Company LLC
Enclosures
-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Dion Oil Company Effective Date:3/20/05
Expiration Date:3/20/06
Contract Purpose/Description:Supp1y 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 meeting on 2/16/05
Agenda Deadline: 2/1/05
CONTRACT COSTS
Total Dollar Value of Contract: $767,000.00 Current Year Portion: $415,000.00 approx
approx
Budgeted? Yes[8J No D Account Codes: ALL DEPARTMENTS PLUS SHERIFF,
HIGHWA Y PATROL AND OTHER AGENCIES-_
- -
---
Grant: $
County Match: $_
- - - -
----
- - - -
-----
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: _
(Not included in dolIar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesD NoD
YesD
YesD
Date Out
Division Director
Risk Management
o .M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 9/11/95 MCP #2
MONROE COUNTY DIVISION OF PUBLIC WORKS
FLEET MANAGEMENT DEPARTMENT
BID PACKAGE
DIESEL FUEL AND UNLEADED GASOLINE SUPPLIER
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern, Charles "Sonny" McCoy, District 3
Commissioner George Neugent, District 2
Commissioner David P. Rice, District 4
Commissioner Murray E. Nelson, District 4
COUNTY ADMINISTRATOR
Thomas J. Willi
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
DIRECTOR OF PUBLIC WORKS
C. Dent Pierce
DIRECTOR OF FLEET MANAGEMENT DEPARTMENT
Roy Sanchez
December 2004
Prepared by
Monroe County Public Works
Fleet Management Department
SECTION ONE
INSTRUCTION TO BIDDERS
1.01 DESCRIPTION
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is
seeking bids from fuel suppliers (hereinafter "Contractor") to deliver approximately 375,000
gallons of 86-87/88-89/92-93 Octane gasoline, 120,000 gallons of Number Two Diesel fuel, and
an average of 1000 gallons of High Sulfur Diesel fuel (barring some type of emergency or
disaster) to our facilities from Key West to Key Largo annually.
A. Deliveries will be in quantities of less than One Hundred (l00) 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.
B. Upon request by the County, Vendor shall provide documentation supporting
most recent pump meter certification.
C. The Vendor shall deliver these fuels to areas as requested by the ordering Monroe
County and School Board departments and on the dates requested by such
departments. Fuel shall be delivered the next day if requested by 4:00pm.
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 pump fuel into aboveground tanks
through standard quick detachable couplings.
F. The Vendor shall have ability to provide daily deliveries of gasoline and diesel to
multiple locations after a hurricane, natural disaster, or other emergency for as
long as the need exists.
G. The fuel facilities are located throughout the Keys from Key West to Key Largo.
Locations to be serviced shall include, but shall not be limited to, the following:
· Key Largo (School Board) - Key Largo Elementary School (MM 105),
behind school
· Plantation Key (Monroe County Fleet Management) - 186 Key Heights
Drive, behind Sheriff's Substation
· Marathon (Monroe County Fleet Management) - 10600 Aviation Blvd., NE
end of Airport
· SugarloafKey (School Board) - SugarloafSchool (MM19.5), Crane Blvd.,
behind school
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. Key West (Monroe County Fleet Management) - 3583 S. Roosevelt Blvd., by
entrance to Airport
. Key West (School Board) - 242 White St., (Use entrance on Trumbo Road, go
north on Grinnell St. one block past Caroline St., turn right into the School
Board Compound)
The Contractor shall be responsible to obtain and display any necessary placards
required by FDEP (Florida Department of Environmental Protection), DOT (Department
of Transportation), or any other governing body during the term of this contract.
1.02 COPIES OF BIDDING DOCUMENTS
A Only complete sets of Bidding Documents will be issued and shall be used
in preparing bids. The OWNER does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Bidding Documents may be obtained in the manner and
at the location stated in the Notice of Calling for Bids.
1.03 QUALIFICATIONS OF BIDDERS
A Each bid must contain evidence of the bidder's qualifications to do
business in the area where the project is located.
B. To demonstrate qualifications to perform the work, each bidder shall
submit written evidence as to previous successful contractual and
technical experience in similar work including references, description,
volume of present commitments, evidence of possession of valid state,
county, and local licenses, and Certificates of Competency covering all
operations and all areas of political jurisdiction involved in the work of
this project and such other data as may be requested by the OWNER
C. The Non-Collusion Affidavit, Sworn Statement under Ordinance No. 10-
1990, Drug Free Workplace Form must be submitted with bid.
1.04 DISQUALIFICATIONS OF BIDDERS
A One Bid: Only one bid from an individual, firm, partnership, or
corporation under the same or under different names will be considered. In
the event evidence is discovered which indicates a bidder has interest in
more than one bid for the work involved, all bids in which such a bidder is
interested may be rejected.
B. PUBLIC ENTITY CRIME: 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 to
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
3
287.017, for CATEGORY TWO for a period of36 months from the date
of being placed on the convicted vendorlist. Category Two: $10,000.00
1.05 EXAMINATION OF BID DOCUMENTS
A Each bidder shall carefully examine the specifications and other
documents, and inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress,
or performance of the work to be performed under the agreement.
Ignorance on the part of the CONTRACTOR will in no way relieve him of
the obligations and responsibilities assumed under the agreement.
B. Should a bidder find discrepancies or ambiguities in, or omissions from,
the specifications, or should he be in doubt as to their meaning, he shall at
once notify the OWNER.
1.06 GOVERNING LAWS AND REGULATIONS
A The bidder is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and
regulations that in any manner affect the work.
B. The bidder shall include in his bid prices all sales, consumer, use, and
other taxes required to be paid in accordance with the law of the State of
Florida, and Monroe County.
1.07 PREPARATION OF BIDS
A Signature of the bidder: The bidder must sign the Proposal forms in the
space provided for the signature. If the bidder is an individual, the words
"doing business as ", or "Sole Owner" must appear
beneath such signature. In the case of a partnership, the signature of at
least one of the partners must follow the firm name and the words
"Member of the Firm" should be written beneath such signature. If the
bidder is a corporation, the title of the officer signing the bid on behalf of
the corporation must be stated along with the Corporation Seal Stamp and
evidence of his authority to sign the bid must be submitted. The bidder
shall state in the bid the name and address of each person interested
therein.
B. Basis for Bidding: The bid price shall be according to the proposal form
the bid prices shall remain unchanged for the duration of the project and
no claims for cost escalation during the progress of the work will be
considered.
1.08 SUBMISSION OF BIDS
A Two signed originals of each bid shall be submitted.
B. the bid shall be submitted in a sealed envelope which shall be marked so
as to clearly indicate its contents and the name of the bidder. Ifforwarded
by mail, the above mentioned envelope shall be enclosed in another
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envelope addressed to the entity and address stated in the Notice of
Calling for Bids, and preferably by special delivery, registered mail: if
forwarded otherwise than by mail, it shall be delivered to the same
address. Bids will be received until the date and hour stated in the Notice
of Calling for Bids.
C. Each bidder shall submit with his bid the required evidence of his
qualification.
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Contract
DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
THIS AGREEMENT, made and entered into this _day of
by and between the COUNTY OF MONROE, STATE OF FLORIDA, and
political subdivision of the State of Florida hereinafter called "County" and Dion Oil Company,
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 by
4: OOpm.
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 provision.
C. Upon request by the County, Vendor 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 Vendor shall have the capability to pump fuel into aboveground tanks
through standard quick detachable couplings.
F. The Vendor shall have ability to provide daily deliveries of gasoline and diesel to
multiple locations after a hurricane, natural disaster, or other emergency for as long as the need
exists.
n. 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 first year, for two
(2) additional one (1) year periods.
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III. HOLD HARMLESS
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily 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 ofliability 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. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges.
B. Monroe County may not be charged more than the following prices listed above
market (RACK) price from date ordered.
Unleaded Gasoline (Any Octane)
Diesel (#2 and High Sulfur)
$_, 0825
$_,0775
$_, 0675
$_, 0650
$_. 0500
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
$_.0825
$_.0775
$_.0675
$_.0650
$_,0500
Key West
Sugar10af
Marathon
Plantation Key
Key Largo
C, The Vendor shall submit invoice 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.
Vendor.
Upon receipt of Invoice the County shall have thirty days to render payment to
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 goods under this agreement.
VIII. 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 provision of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose
any obligation upon the County in addition to the total agreed-upon price of the services/goods
of the Vendor.
IX. COMPLIANCE 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 REQUIRE1\ffiNT
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, F133041-1209
Xl 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 of termination delivered. in person or by
mail to the Vendor. The County shall only be obligated to pay for any goods delivered by the
Vendor until the Vendor has received written notice of termination due to lack of funds.
XII. 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 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 vendor.
XIII. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, and may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO ($3000.00) for a period of36 months from the date of being placed on
the convicted vendor list.
XIV. TERMINATION
If the Vendor fails to fulfill the terms of this agreement, or attachments, properly or on
time, otherwise violates the provisions of the agreement, the County may terminate the 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 OF MONROE,
STATE OF FLORIDA
BY
MAYOR
DATE:
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
CLERK
VENDOR:
BY
DATE:
(Corporate Seal)
Attest:
Witness
Witness
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