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Item D07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 2/21/07 Division: Public Wodes Bulk Item: Yes -K. No Department: Fleet Management Staff Contact PersonlPhone #: Roy Sanchez /292-3572 AGENDA ITEM WORDING: Approval to extend the current Fuel Contract with Dion Oil Co. on a month to month basis. ITEM BACKGROUND: The County's fuel provider, Dion Oil Company, advised they are not willing to renew their existing contract with Monroe County. However, they have agreed to extend month to month to allow the County time to complete the bid process. PREVIOUS RELEVANT BOCC ACTION: In February of 2005, the Board authorized execution of the current contract with Dion Oil Co. and has since authorized one (1) additional one (1) year option. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as recommended above. TOTAL COST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes Nol AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included ~ Not Required DISPosmON: AGENDA ITEM # Revised 11106 MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department January 19th, 2007 DATE: RE: Agenda Submission Memo For Approval To Temporarily Extend The County's Existing Fuel Contract With Dion Oil Company The attached BOCC agenda item is to request approval to extend the current Fuel Contract with Dion Oil Company month to month as we were recently advised they are not willing to renew for the second one-year renewal due to their own increased cost for fuel, insurance, and payroll, etc. After getting notice from Dion Oil Company that they would not be renewing, we were able to get them to agree to extend on a month to month basis for a period up to three months to allow the County time to complete the bid process and get a new contract executed. The Fleet Management Department recommends approval to extend the current contract with Dion Oil Company month to month, or until the bid process is complete and new contract is in place. Thank you. ---original Message-- From: Sue Banks [maiItO:sbanks@DIONLLC.com] Sent: Friday, January 12, 2007 10:49 AM fo: O1erry-Ron SUbject: extension of contract OearRon, Per our conversation of January 12, 2007. Dion Oil is willing to continue our agreement on a month to month basis for a period 0 three months to allow the County to complete the bid process. If a further extension is necessary 1 please contact me. Suzanne Banks CEO Dion Oil Company lie MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Dion Oil Company Effective Date:2/16/07 Expiration Date: 5/1 5/07 Contract PurposeJDescription: 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 meetin~ on 2/21/07 Agenda Deadline: 2/6/07 CONTRACT COSTS Total Dollar Value of Contract: $100.000.00 Current Year Portion: $100,000.00 approx approx Budgeted? Yes[8J No 0 Account Codes: ALL DEPARTMENTS PLUS SHERIFF. mGHW A Y PATROL AND OTHER AGENCIES-_ - . --- Grant: $_ County Match: $_ - - - - ----- - - - - ----- - - - - ----- ADDmONAL COSTS Estimated Ongoing Costs: $~yr For: _ (Not included in dollar value above) (eg. maintfm1ml;e, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes // ~.......~ Date Out r;? In Needed . / / Revie t b,;/ Division Director . i) VI') YesD N~ ~-, ~~~ ~ 01 RiskManagept~ ~ YesONd1Jt) \a':(bJ leli-Q7 rUt.<. ~ ~flo' ~~ _ O.M.B./Purch~mg l--z.."-Dt YesDNoH . \~ I~-=r County Attorney / ;.. slc!'J Yes!? Nod.. . '; b'/~ 7 C .m / fL ?-.(C ~ ~ ~ CW Ad! t+. I o (let ( fu omments-lJ.l.LA.:J...J . l}J . '. . + c . . *~I Df\Q Il L-'Cib~ Il'f'"-{ fDI'CIP~ bef:ore CO(l+(UC 10 e'tec.u I 0 OMB Form Revised 9/11195 MCP #2 CONTRACT EXTENSION (Diesel fuel and unleaded gasoline supplier for Monroe County, Florida) TIllS Extension is made and entered into this 16th day of February, 2007, between Monroe County, a political subdivision of the State of Florida, and DION OIL COMPANY LLC., to extend the agreement dated February 16,2005, and as renewed on February 16,2006. WITNESSETH: WHEREAS, the parties desire to continue their relationship under the current contract as amended and renewed, on a month to month basis; NOW, THEREFORE, the parties agree as follows: 1. Effective February 16,2007, the contract shall continue on a month to month basis for a period up to three months. 2. In all other respects, the original agreement between the parties dated February 16, 2005 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. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS .oF MONROE COUN1Y, FLORIDA By: By: Deputy Clerk Mayor/Mayor Pro Tern DION OIL COMPANY, LLC. Witness By: Witness Print Name Title Date RENEWAL AGREEMENT TIllS AGREEMENT is made and entered into this 15th day of February, 2006 between the COUNTY OF MONROE and DION On.. COMPANY in order to renew the agreement between the parties dated February I fJh, 2005. 1. In accordance with Paragraph ll(B) of the 2005 agreement, the County hereby exercises its option to renew the Agreement for an additional one-year term begjnning February 15th, 2006. 2. In all other respects, the agreement between the parties dated February 16th, 2005 rern8.in~ in full force and effect. OF, the parties have hereunto set their hands and seal, the day and year BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By f1b Ma~ , 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 Tem, Charles "Sooay" McCoy, District 3 Commissioner George Neugeat, District 2 Commissioner David P. Rice, District 4 COIIlIDissioner Murray E. NdsoD, District 4 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT DlUUlY 1.. KoIhage DIRECTOR OF PUBLIC WORKS C. Dent Pierce DIRECTOR OF FLEET MANAGEMENT DEPARTMENT Roy Sanchez December 2004 Prepared by Monroe County Public Works Fleet MaaagemeIIt Department 1 SECfION ONE INSTRUCI10N 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 of86-87/88-89/92-93 Octane gasoline, 120,000 gallons of Number Two Diesel fuel, and an average of 1000 gallons of High Sulfur Diesel fuel (baning some type of emergency or disaster) to our fi1cilities from Key West to Key Largo annually. A 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. B. Upon request by the County, Vendor shall provide documentation supporting most recent pump meter certification. C. The Vendor sbalI 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 ifrequested 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 sbalI have ability to provide daily deliveries of gasoline and diesel to multiple locations after a bwricane, natural disaster, or other emergency for as long as the need exists. G. The fuel facilities are located tbrougbout the Keys from Key West to Key Largo. Locations to be serviced sball include, but sbaIl not be limited to, the following: . Key Largo (School Board) - Key Largo ElementaIy School (MM 105), behind school . Plantation Key (Momoe 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) - SugarloafSchooI (MM19.5), Crane Blvd., behind school 2 . 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 (DepartmOOt of Transportation), or any other governing body during the term of this contract. 1.02 COPJES OF BIDDING OOCUMENTS 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 successfu1 contractuaI and technical experience in similar work including references, description, volume of present commitments, evidence of possession ofvalid 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 bas 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 bas been pIaced 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 vendor list. Category Two: $10,00>.00 1.05 EXAMlNATION OF BID DOCUMENTS A. Each bidder shaU carefully examine the specifications and other documents, and inform himself thoroughly regarding any and aU conditions and requirements that may in any manner affect cost, pnWess, 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 t4e obligations and responsi'bilities 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 fiuniliar with and shall be responsible for complying with all federal, state, and local Jaws, 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 PrQposaI forms in the space provided for the signMlJre. 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 signatme of at least one of the partners must follow the firm name and the words "Member of the FIfDl" should be written beneath such signature. ff 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 ofms 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 accooting to the proposal form the bid prices shall remain unchanged for the duration of the project and no claims fur 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 4 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 lbtice of Calling for Bids. C. Each bidder shall submit with his bid the required evidence of his qualification. 5 Contract DIESEL FUEL & lJNLE.ADED GASOLINE SUPPLIER J'.~ Jib .~ TIllS AGREEMENT, made and entered into this \J Oayof a<4iriti 2X)) ':> by and between the COUNTY OF MONROE, STATE OF FLO A, and political subdivision of the State of Florida hereinafter called "County" and Dion Oil Cornoany. LLC hereinafter called "Vendor". WITNESSETH: That the parties hereto for the consideration hereinafter names, agree to the fonowing: 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 reque~ by 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 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 bunican~ natural disaster, or other emergency for as long as the need exists. n. TERM OF CONTRACT A. This contraet shall be for a period of One (I) 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 (I) YeM periods. 6 m. HOW HARMLESS The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injmy (including death), persosaI 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 requiiements contained elsewhere within this agreement. N. INSURANCE Prior to execution of this agreement the Vendor sball 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 Tenninal (RACK.) ~es. 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 Sugarloaf Marathon Plantation Key Key Largo C. The Vendor sball submit invoice to the County, itemi7ing the delivery location, the requesting department. the RACK prices, and all taxes, for each delivery to the locations descn'bed herein. 7 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 aU pwposes under this agreement the Vendor is an independent Contractor and not an employee oftbe Board of County Commissioners for Monroe Cowty. No statement contained in this agreement shall be construed so as to find the Vendor or any of hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. Vll. ASSURANCE AGAINST DISCRlMlNATION 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. vm. 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 irtcorponlted by reference into any assigmnent'or subcontract and any assignee or subcontractor sbaIl comply with all of the provision of this agreement. Unless expressly provided for therein, such approval sball in no manner or event be deemed to impose any obligation upon the County in addition to the total agreed-upon price oftbe services/goods oftbe Vendor. IX. COMPUANCEWITHLAW In providing aU selVicesfgoods 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 tennina1ion 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: 8 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, Fl33041-1209 XI. FUNDINGAVAaABILITY In the event that funds from Fleet Management SeIvices 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 here~ this agreement may then be terminated immediately at the option of the county by written notice of termination delivered in persm or by mail to the Vendor. The County shall only be obligated to pay for any goods delivered by the Vendor until the Vendor bas received written notice of termination due to lack of funds. XII. PROFESSIONAL RESPONSmn..-ITY The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein desaibed, subject to the terms and conditions set forth in the Notice of calling for Bids. The provider sball 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 ot affiliate who bas 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 const:ruc.tion 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 wm the date ofbeing 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 contraet 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. Iftbose damages are more than the amount due the Vendor then the Vendor remains liable to the County for the excess amount. 9 XV. APPLICABLE LAWS AND VENUE This contm::t is governed by the laws of the State of Florida Venue fur any Iitigatin arising under this contract must be in Monroe County, Florida. In witness whereot: the parties hereto have exearted this agreement the day and ydf first above written, COUNTY OF MONROE, STAlE OF FLORID,A BY L)#m~ MAYOR DIXIE M. SPEHAR / DAlE: ~ i~, L.J.,.~-- (~) AiieStDA'NNY L. KOLHAGE, CLERK ~-:;-~, ~~'--' VENDOR: B~./^< -.- ~...k DATE: ) (Corpo13te Seal) 10 !I~.NJlM~~~~GASOIJNE U!'LIJtR : . , . . 1'mt ~~ Momoe GGdtym,.1bp lcJeJi\1eay ~ perplJoD; above Port .' ~ FJodda TefItJ- (R.A(X).pdec ftm1date(lt~, , ' . , , , . Y>>~ ~(Any 0ctaQe) . pieseJ (fl~ ~ ~ , , $ .0825 -- $ .0775 $-.0675 $ .0650 $=; Key West Sueufoef, ~ PIfu.,.dou Key Kcy~ $ .0825 . $ ---:.0Tf5 -- $_.0675 S .0650 $=.~ BJDDD. , . Dion Oil ComPanv nc (NamelCompa8Y) P. O. Box 1209. 6~8 United Street (AddRss) " . Key West; Fl '33041-1209 , . KeyW. ~ Ma4tbOa . PJ6..... Key ..' Key .... .' : : .: . ...' \J?('.,~. 2 t)~f ..' ,(Date) ~ . Lawrence R. .Dion' . (Name ~ Tttle) i~v~ ~ tJ)~ (Sj~) '.~~. . 1100 Simontoo St. Room. 2..213 Key W_ Florida ~3040 .. . :.. ".. .0.. . ..00.0: :. . . . . ... Ot ;' . , - i. t.: :" . , . : . , ! ... . " , . . .