HomeMy WebLinkAbout02/10/1999 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Dent PIerce
Director or Public Works
Ruth Ann Jantzen, Deputy Clerk ~.
FROM:
DATE:
April 14, 1999
-- ---------
On February 10, 1999 the Board or County Commissioners granted A ward or Bid
and authorized execution of a contract between Monroe County and Dion Oil Company
for gasoline and diesel fuel.
Enclosed please rmd a fully executed duplicate original of the above contract for
return to Dion.
H you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosure
cc: County Attorney
Fmance
County Administrator, wlo document
FIle
I
Contract
DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
THIS AGREEMENT, made and entered into this ~day of kb~
I q q ~ by and between the COUNTY OF MONROE, STATE OF FLORID , a
political subdivision of the State of Florida hereinafter called "County" and Dion Oil Co.
hereinafter called "Vendor".
WITNESSETH:
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That the parties hereto for the consideration hereinafter names, agree t~ s:-
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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 4:00pm.
1.
DESCRIPTION:
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 small deliveries and shall be required to itemize invoices for each small 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 if available.
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.
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. The contract amount agreed to herein may be
adjusted annually in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Works in the Miami, Florida area index, and
shall be based upon the annual average CPI computation from January 1 through
December 31 of the previous year.
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 expensed (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 ofthe 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 Everglades Florida Terminal (RACK)
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)
$0.0725
$0.0675
$0.0575
$0.0550
$0.0400
Key West
Sugarloaf
Marathon
Plantation Key
Key Largo
$0.0725
$0.0675
$0.0575
$0.0550
$0.0400
Key West
Sugarloaf
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.
3
D. Upon receipt of Invoice the County shall have thirty days to render
payment to 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 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 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:
4
For County:
Fleet Management Services
3583 S. Roosevelt Blvd.
Key West, FL 33040
For Vendor:
Dion Oil co.
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 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 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 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.
5
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
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MAYOR
DATE:
Attest: DANNY L. KOLHAGE, CLERK
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6
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As 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 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 and material) 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 term 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 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.
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.
All 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.
7
The acceptance and/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 Momoe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Momoe County Risk Management.
8
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, 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)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy 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 contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County .
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
9
GL3
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term 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 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.
WC2
10
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout 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:
$ 500,000 per Person
$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 issued to satisfy the above requirements.
VL3
11
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT DIESEL FUEL & UNLEADED GASOLINE 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 MCS-90 Endorsement, demonstrating financial
responsibility for spills and clean-up. Any pollution exclusion limiting coverage under
this policy shall be removed.
The minimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
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SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY. FLORIDA
ETillCS CLAUSE
Lawrence R. Dion/Dion Oil CompanY/arrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract 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.
'-
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( signature)
Lawrence R. Dlon
Date: January 11, 1999
STATE OF Florida
COUNTY OF Monroe
PERSON ALL Y APPEARED BEFORE ME, the undersigned authority,
Lawrence R. Dion
who, after first being sworn by me, affixed hislti~
signature (name of individual signing) in the space provided above on this 11 th day of
January
, 19 99
- -
- -
-----
16, 2002
~ RAV A. GANEM
· No'a~ Public - Stafe of Floridc
. My Commission Expires May 16. 20C2
. Commission # CC 7271 72
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OMB - MCP FORM #4
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NON-COLLUSION AFFIDAVIT
I,
Lawrence R. Dion
of the city
of Key West
according to law on my oath, and under
penalty of perjury, depose and say that;
1) lam Lawrence R. Dion/Dion Oil Company
Proposal for the project described as follows:
, the bidder making the
Diesel Fuel and Unleaded Gasoline Supplier
2) The prices in this bid have been arrived at Independently without collusion,
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;
3) Unless otherwise required by law, the prices which have been quoted In this bid
have not been knowingly disclosed by the bidder and wilt not knowingly be disclosed by
the bidder prior to bId opening, directly or indirectly, to any other bidd,er or to any
competitor; and
4) No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5) 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 said project.
STATE OF
Florida
~
(Si nature of Bidder)
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COUNTY OF Monroe
January 11, 1999
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Lawrence R. Dion who, after first being sworn by me, (name of
Individual signing) affixed his/her signature in the space provided above on this
,1999
My commission expires:
May 16, 2002
OMB - MCP FORM #1
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RAY A. GANEM
No:a:y Public - State of Florida
My Commission Expires May 16. 2002
Commission # CC 727172
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Dion Oil Company
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (I).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require 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.
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 frrm complies fully with the above
requirements .
"
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Bidder's Signature Lawrence R. Dion
January 11, 1999
Date
OMB - MCP#5
13
954-938-8788
TBIS CER'lDlCATE IS ISSVED AS A MAT'1'BIl OJ" INJORMAnON ONLY AND
CONIEIlS NO JIIGBTS tl1'ON TBB eERTDtCATE BOLDER. TBIS CER'lDlCATE
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Seidln
R301 N.W.5th Way, Suite 5010
Ft. Lauderdale. FL 33309
COMPANIES AFFORDING COVERAGE
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COMPANY
A
INSllRED
COMPANY
Dion's Quik Marts. Inc.
Dion Oil Company,ETAL
POBox 1209
Key West FL 33040
B ZENITH INSURANCE CO
COMPANY
C
COMPANY
D
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DESCRIPTION OF OPEItA11ONS1LOCA.TIOllSIVEIDCLESIllPBa.U.l1'Il:MS
MONROE COUNTY. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. ITS
EMPLOYEES AND OFFICIALS WILL BE INCLUDED AS "ADDITIONAL INSUREDS"
ON ALL POUCIES, EXCEPT FOR WORKERS' COMPENSATION.
........................................~ ........................... ..... ........
CO.OF MONROEIDIREC.P.
PUBUC SER.BLDG.WING II.STOCK
ISLAND - 5100 COLLEGE ROAO
KEY WEST, FL 33040
LIMITS
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