The URL can be used to link to this page

Agenda 01/08/2013 Item #16E 9 1/8/2013 Item 16.E.9. EXECUTIVE SUMMARY Recommendation to approve Amendment # 1 to Contract No. 07-4180 "Gasoline & Diesel Fuel" with Evans Energy Partners, LLC, d/b/a Evans Oil Company, authorizing a change in payment terms to "net immediate." OBJECTIVE: To approve Amendment # 1 to Contract No. 07-4180 "Gasoline & Diesel Fuel with Evans Energy Partners,LLC d/b/a Evans Oil Company authorizing a change in payment terms from "net 30"to"net immediate." CONSIDERATIONS: The County entered into Contract #07-4180 with Evans Oil Company, LLC to procure unleaded gasoline and diesel fuel. As a result of a purchase agreement between Evans Energy Partners LLC and Evans Oil Company LLC, the Board of County Commissioners entered into an assumption agreement under Contract #07-4180 with Evans Energy Partners LLC d/b/a Evans Oil Company (hereafter, "Evans Oil") on November 23, 2012(agenda item 16E8). Evans Oil notified Collier County staff on December 10, 2012, that it can no longer extend 30 day credit terms to any of its customers because of requirements placed on them by its supplier, Chevron. Until new payment terms are agreed upon, Evans Oil may be unable to provide fuel deliveries for any location on Collier County's account. A representative from Evans Oil met with members of the Fleet Management and Purchasing Departments on December 12, 2012, to discuss possible solutions to this problem. Evans Oil requested "net immediate" payment terms. "Net immediate" is described as payment for services upon receipt of a proper invoice, approval by the Fleet Manager or designee, and final pre-audit by the Clerk's Finance Office. Finance staff was consulted about expediting payments; staff determined the most appropriate course of action was to request approval from the Board of County Commissioners. Evans Oil is the only fuel company in the Naples area that has an adequate number of transport tankers (capacity 8000 gallons) and tank-wagon trucks (smaller metered deliveries), plus local tank farm reserves (200,000 gallons)to service the needs of Collier County Government routinely and during emergencies. The tank-wagon capabilities are especially critical to the County for deliveries to areas such as Carnestown, the Collier Area Transit(CAT) bus facility, water and wastewater plants, emergency generator sites at buildings, water wells, and water/wastewater pumping facilities. Tank-wagon deliveries are also required for County- owned marina public refueling resale facilities. In addition, under the provisions of the Collier County contract (#07-4180), Evans Oil provides fuel to the City of Naples, Collier County School District, Lee County,the City of Fort Myers, the City of Cape Coral, and Charlotte County. Staff intends to solicit for these services in late Spring 2013 prior to the final contract expiration of this agreement. The County's best interests are served to approve this amendment and allow services with Evans Oil to continue under this agreement. Staff requests that the Board approve Amendment #1 for a change to the payment terms with Evans Oil. FISCAL IMPACT: Funds for motor fuel to run County vehicles and equipment are budgeted annually in the Fleet Management Fund 521 operating budget;total annual expenditures are estimated at$5.9 million. Funds for marina resale to the general public are budgeted annually in the Parks and Recreation Marina Fund 001 operating budget;total annual expenditures are estimated at$800,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. Packet Page-1672- 1/8/2013 Item 16.E.9. RECOMMENDATION: That the Board of County Commissioners approves Amendment # 1 to Contract No. 07-4180 "Gasoline&Diesel Fuel with Evans Oil authorizing a change in payment terms from"net 30"to "net immediate." Prepared By: Adam Northrup,Procurement Strategist,Purchasing Department Dan Croft,Director, Fleet Management Attachments: • Contract No. 07-4180—"Gasoline&Diesel Fuel"with Evans Oil • Executive Summary concerning Assumption Agreement No. 07-4180 (11/13/12,Item 16E8) • Assumption Agreement No. 07-4180 with Evans Energy Partners • Exhibit A-1 Contract Amendment#1 to Contract No. 09-5254 • Solicitation No. 07-4180—"Gasoline&Diesel Fuel" • Fax from Evans Oil dated 12/10/2012 • Letter from Evans Oil dated 12/18/2012 signed by Sam Askar 2 Packet Page-1673- 1/8/2013 Item 16.E.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9. Item Summary: Recommendation to approve Amendment# 1 to Contract No. 07-4180 "Gasoline & Diesel Fuel" with Evans Energy Partners, LLC, d/b/a Evans Oil Company, authorizing a change in payment terms to "net immediate." Meeting Date: 1/8/2013 Prepared By Name:NorthrupAdam Title:Procurement Strategist,Purchasing 12/18/2012 2:27:36 PM Submitted by Title:Procurement Strategist, Purchasing Name:NorthrupAdam 12/18/2012 2:27:37 PM Approved By Name:NorthrupAdam Title: Procurement Strategist, Purchasing Date: 12/18/2012 3:13:35 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 12/18/2012 3:15:53 PM Name: WardKelsey Title:Manager-Contracts Administration,Purchasing&Ge Date: 12/18/2012 4:25:27 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 12/19/2012 1:14:33 PM Packet Page -1674- 1/8/2013 Item 16.E.9. Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 12/19/2012 1:16:46 PM Name: PriceLen Title:Administrator, Administrative Services Date: 12/21/2012 5:02:11 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 12/26/2012 8:16:36 AM Name: KlatzkowJeff Title: County Attorney Date: 12/26/2012 9:26:24 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 12/26/2012 10:55:49 AM Name: OchsLeo Title: County Manager Date: 12/31/2012 3:07:52 PM Packet Page-1675- 1/8/2013 Item 16.E.9. EXHIBIT A-1 Contract Amendment#1 to Contract 07-4180 "Gasoline&Diesel Fuel" This amendment, dated January 8, 2013,to the referenced agreement shall be by and between the parties to the original Agreement, Evans Energy Partners, LLC, d/b/a Evans Oil Company (to be referred to as "Contractor")and Collier County,Florida, (to be referred to as"Owner"). Statement of Understanding RE: Contract#07-4180"Gasoline&Diesel Fuel" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underscoring;deletions from the Agreement are shown by strikethrough3. Section 3.0 Shall be modified to read: THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement,an amount estimated to exceed Three Million Dollars ($3,000,000), based on the aggregate of the units actually ordered and furnished at the actual price of fuel plus the Contractor markup per gallon as noted on the Contractor's Bid Response Form. Payment will be made,NET IMMEDIATE, upon receipt of a proper invoice and upon approval by the Fleet Manager or his designee. This payment provision supersedes and replaces any other provisions regarding time of payment to Contractor contained in this Agreement or any Attachment that may be in contradiction with said term. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date indicated above. ATTEST: OWNER: DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Dwight E.Brock,Clerk By: Georgia A.Hiller,Chairwoman Approved as to form and Legal sufficiency: 51 Scott R.Teach Deputy County Attorney 2 Packet Page -1676- 1/8/2013 Item 16.E.9. FOR EVANS ENERGY PARTNERS LLC d/b/a EVANS OIL COMPANY: By: First Witness Signature Type/Print Witness Name Typed Signature/Title Second Witness Type/Print Witness Name otfokIII 4 j 2 Packet Page-1677- 1/8/2013 Item 16.E.9. EXHIBIT A-1 Contract Amendment#1 to Contract 07-4180 "Gasoline&Diesel Fuel" This amendment, dated January 8, 2013,to the referenced agreement shall be by and between the parties to the original Agreement, Evans Energy Partners, LLC, d/b/a Evans Oil Company (to be referred to as "Contractor")and Collier County,Florida,(to be referred to as"Owner"). Statement of Understanding RE: Contract#07-4180"Gasoline&Diesel Fuel" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underscoring;deletions from the Agreement are shown by stAreetlifeughs. Section 3.0 Shall be modified to read: THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement,an amount estimated to exceed Three Million Dollars ($3,000,000), based on the aggregate of the units actually ordered and furnished at the actual price of fuel plus the Contractor markup per gallon as noted on the Contractor's Bid Response Form. Payment will be made,NET IMMEDIATE, upon receipt of a proper invoice and upon approval by the Fleet Manager or his designee. This payment provision supersedes and replaces any other provisions regarding time of payment to Contractor contained in this Agreement or any Attachment that may be in contradiction with said term. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date indicated above. ATTEST: OWNER: DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Dwight E.Brock,Clerk By: Georgia A.Hiller,Chairwoman II Approved as to form and Legal sufficiency: 51 Scott R.Teach Deputy County Attorney 2 Packet Page -1678- 1/8/2013 Item 16.E.9. FOR EVANS ENERGY PARTNERS LLC d/b/a EVANS OIL COMPANY: By: First Witness Signature Type/Print Witness Name Typed Signature/Title Second Witness Type/Print Witness Name 2 Packet Page-1679- 1/8/2013 Item 16.E.9. - -----41-• ASSUMPTION AGREEMENT • This ASSUMPTION AGREEMENT is made and entered into as ofv . \-2" 2012, by and between Evans Energy Partners LLC d.b.a. Evans Oil Company ("Evans Energy") and Collier County,a political subdivision of the State of Florida("Collier County"). WHEREAS, on September 25, 2007, the Board of County Commissioners awarded and entered into Contract #07-4180 "Gasoline and Diesel Fuel" with Evan's Oil Company LLC, ("Contractor") a copy of which is attached hereto as Exhibit A, together with any extensions thereto, and hereinafter referred to as the"Agreement;"and WHEREAS, on December 14, 2010 (Agenda Item 10-K), the Board of County Commissioners awarded Invitation to Bid (ITB) #10-5581 "Motor Oils, Lubricants, and Fluids" to Evan's Oil as a secondary vendor, a copy of which is attached hereto as Exhibit B, and hereinafter referred to as"ITB#10-5581;"and WHEREAS, Evans Energy hereby represents to Collier County that by virtue of an amended Purchase Agreement,it is the successor in interest to the Contractor, and WHEREAS, the parties wish to formalize Evans Energy's assumption of rights and obligations under the Agreement and ITB#10-5581,effective as of the date first above written. NOW THEREFORE, in consideration of the mutual promises in this Assumption Agreement, and for other good and valuable consideration,the receipt and-sufficiency of which are acknowledged by the parties,it is agreed as follows: 1. Evans Energy accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement and ITB #10-5581, including all existing and future obligations to pay and perform under the Agreement and ITB#10-5581, 2. Evans Energy will promptly deliver to Collier County evidence of insurance consistent with the Agreement and ITB#10-5581 . 3. Except as expressly stated, no fiuther supplements to, or modifications of the Agreement and ITB#10-5581 are contemplated-by the parties. • 4. Notice required under the Agreement and ITB #10-5581 to be sent to Evans Energy shall be directed to: CONTRACTOR: Evans Energy 3170 S.Horseshoe Drive Naples,Florida 34104 Attention: Peter Johnson 1l Packet Page -1680- • • 1/8/2013 Item 16.E.9. 5. Collier County hereby consents to Evans Energy's assumption of the Agreement and ITB #10-5581. No waivers of performance or extensions of time to perform are granted or authorized. Collier County will treat Evans Energy as the Contractor for all purposes under the Agreement and ITB#10-5581. • IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS DWIGIsE:•1t)CI ,tlerk COLLIER COUNTY,FLORID ,,I .7 By: x. ��=� By. AIM A Dethillt y • k'•r':* ' FRED W. COYLE, C ri!i•. A.,t.e5t aV .. .i i 9na'rr.ure FOR EVANS ENERGY PARTNERS LLC d.b.a.EVANS OIL COMPANY: By. Witness (signature) � -p'`t SCE A-c -6 (Print name) Print Name i ess (sign e) �. DA /, (Print name) Approved as to form and*gal .ufficiency: Jeffre .'.mo tzkow - County l orney Ask 2 • Packet Page-1681- • • 1/8/2013 Item 16.E.9. • Exhibit A AGREEMENT 074180 for Gasoline&Diesel Fuel da of AGRFsII1E1tT; made and entered into on this y "�i I .2007,by and between Evans 01 Company LLB,authorized to do business in the State of Florida, whose business address is 3170 S. Horseshoe Drive, Naples, Florida 34104, hereinafter called the "Contractor', and Collier County, a political subdivision of the State of Florida,Collier County,Naples,hereinafter called the.'County": WITNE.SSETIL 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on October 1,2007,and terminating on September 30,2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional two(2)year periods.The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten(10)days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall furnish and deliver unleaded gasoline and diesel fuel on an as needed basis in accordance with the terms and conditions of Bid#074180 and the Contractor's proposal referred to herein and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement, an amount estimated to exceed Three Million Dollars ($3,000,000), based on the aggregate of the units actually ordered and furnished at the actual price of the fuel plus the Contractor markup per gallon as noted on the Contractor's Bid Response Form.. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: • Page l of 7 Packet Page-1682- • 1/8/2013 Item 16.E.9. EXHIBIT B Acrinistiathe Services Division Purchasing • INVITATION TO BID Date: September 30, 2010 From: Brenda Reaves, Purchasing Tech 239-252-6020(Telephone) 239-252-6596 (FAX) B rendaReaves©colliergov.net (Email) To: Prospective Vendors Subject: Solicitation # and Title 10-5581 "Motor Oils, Lubricants & Fluids As requested'by the Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.collieraov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Jack Curran, Purchasing Agent Dan Croft, Fleet Director Note: All ITB responses submitted manually must be submitted as one original, and two exact duplicate copies, including any required forms. • I, Purchasing Decenren•3301 Tamiami Trail East•Naples,Florida 34112 w.nol iergov.neUpu asn9 #10-5581 1 M3 Tempiate_04152010 Packet Page-1683- 1/8/2013 Item 16.E.9. AGREEMENT 07-4180 for Gasoline &Diesel Fuel T IS AGREEMENT, made and entered into on this °� day of U ! , 2007,by and between Evans Oil Company LLC, authorized to do business in the State of Florida, whose business address is 3170 S. Horseshoe Drive, Naples, Florida 34104, hereinafter called the "Contractor", and Collier County, a political subdivision of the State of Florida,Collier County, Naples,hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on October 1,2007, and terminating on September 30,2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional two (2) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior '"4 to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall furnish and deliver unleaded gasoline and diesel fuel on an as needed basis in accordance with the terms and conditions of Bid #074180 and the Contractor's proposal referred to herein and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement, an amount estimated to exceed Three Million Dollars ($3,000,000), based on the aggregate of the units actually ordered and furnished at the actual price of the fuel plus the Contractor markup per gallon as noted on the Contractor's Bid Response Form. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: Pag° , ^r1 Packet Page -1684- 1/8/2013 Item 16.E.9. Evans Oil Company LLC 3170 S.Horseshoe Drive Naples,Florida 34104 Attention: Randy M.Long Telephone: 239-262-4124 Facsimile: 239-262-7861 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department-Purchasing Building 3301 Tamiami Trail,East Naples,Florida 34112 Attn: Steve Cornell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 - The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules,regulations and laws of Collier County, the State of Florida,or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to Pa— of 7 Packet Page-1685- 1/8/2013 Item 16.E.9. suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause;further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,sex, color,creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution and Remediation Liability Insurance: (1) Contractor shall maintain: a. Pollution and Remediation Liability Insurance including the cost of defense during the term of this agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services/scope of work as outlined in this Agreement and shall include but not be limited to Pollution Legal Liability (legal liability arising out of the discharge, dispersal,release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants Pa^P=^f 7 Packet Page 4686- 1/8/2013 Item 16.E.9. or pollutants into or upon land, the atmosphere or any watercourse or body of water including groundwater at,under or emanating from the project); b. Remediation Legal Liability/Expense (expenses incurred for or in connection with the investigation, monitoring, removal, disposal, treatment or neutralization of a condition arising from the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the Project, as well as the cost to repair or replace real or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal, State, Local or Provincial laws, regulations or statutes or any subsequent amendments thereof); and c. Transportation Legal Liability/Expense - Pollution Legal Liability or Remediation Legal Liability/Expense arising out of the movement by the Contractor/professional/Consultant of product or waste of the Owner to its final delivery point as specified under this Agreement. (2) Limits Required: Each Loss or Expense $2,000,000 Annual Aggregate $4,000,000 The Annual Aggregate limit shall apply separately to this project. (3) If coverage is provided on a "Claims Made" form as opposed to an "Occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that, in the event of cancellation or non-renewal, the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Collier County Board of County Commissioners shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) This policy shall include contractual liability coverage to contemplate the indemnity provisions of this agreement. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Pr—n ,.rte Packet Page -1687- 1/8/2013 Item 16.E.9. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Fleet Management Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and Bid #07-4180 Specifi- cations/Scope of Services. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or pa.Sof7 Packet Page-1688- 1/8/2013 Item 16.E.9. quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or.arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Pa' ^f' Packet Page-1689- 1/8/2013 Item 16.E.9. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: „. COLLIER COUNTY,FLORIDA Dwigh�er OCk,Clerk of Courts l fi • , y; ti rir •' • B y jl4 4 6 % tt I Jar Coletta,Chairman � x , : Z4,), t* Evans Oil Company LLC C. tractor By: First Orss Si. •ture </' ©A1 515.1/ '('Type/print fitness namel' Second l'tness T ped 4;na e and title 1 C ■On 1'Type/print 'tness nameT Approved as to form and legal sufficienc : IA16.1; Ass'.tant Cou r' Attorney Print N:me Page 7 of 7 Packet Page-1690- - . , s 1/8/2013 Item 16.E.9. ACORD C RTIFICATE OF LIABILITY INSURANCE DATE(MMiDDrYYYY) TN 0910612007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PREMIER INSURANCE COR .,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.BOX 100770 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. ., CAPE CORAL,FL 33910-077 .• PHONE:239-542-7101 INSURERS AFFORDING COVERAGE NAIC# INSURED EVANS OIL C MPANY,LLC;RML LLC; INSURER a Empire Fire&Marine &LONG EQUI MENT FINANCE LLC . INSURER B: Admiral Ins Co P 0 BOX 856 INSURER C Landmark American Ins Co NAPLES,FL 106 i INSURER D: FCCI Insurance Co • INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMI-S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTTRR NDSDRO TYPE OF INSURANCE POLICY NUMBER _DA (MMMmD�m) PDATTEE IMMIDIYYYi LIMITS GENERAL LIABILITY EACH OCCURRENCE a 5,000,000 A 1 COMMERCIAL GENERAL LIABILITY CP300694 0411212007 04/12/2008 PROEM SFe,_RE i a 100,000 CLAIMS MADE X I OCCUR MED EXP(Any one person) 1$5,000 1 PERSONAL IL ADV INJURY $5,000,000 GENERAL AGGREGATE S 5,000,000 U GEM.AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMP/OP AGG S 5,000,000 —1 POLICY n JPF^a LOC I AUTOMOBILE LIABRUTY I COMBINED SINGLE LIMIT A ANY AUTO i CP300694 04(1212007 i 04/1212008 (Ea accident) ;5,000,000 I ALL OWNED AUTOS BODILY INJURY (Per I X SCHEDULED AUTOS Peron) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS _ PROPERTY DAMAGE S (Per accident) • GARAGE LABILITY AUTO ONLY-EA ACCIDENT I S ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: AGG S IECCESSIUMBRELLA LABILITY ! EACH OCCURRENCE $10,000,000 B x OCCUR U CLAIMS MADE EX00000337-01 04/12/2007 04112/2008 AGGREGATE $10,000,000 $ DEDUCTIBLE " $ RETENTION S $ • 1 WC STATU- LOTH-i WORKERS COMPENSATION AND X 1 TISRY i IMITC I FR I D EMPLOYERS LIABILITY 001-WCO7A-57652 0411212007 0411212008 _EL.EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 500,000 S yes,describe under SPECIAL PROVISIONS below I I E.L.DISEASE-POLICY LIMIT_S 500,000 I OTHER 5,000,000 • C ;5,000,000 EXCESS OVER PRIMARY LHA034646 0411212007 04 11212008 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ATTN:FACILITIES MANAGEMENT Contract#07-4180-Gasoline&diesel fuel contract Collier County Government Board of County Commissioners is named Additional Insured • for General Liability and Auto Liability. MCS90 endorsement is included. . • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COU YTY GOVERNMENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN BOARD OF COUNTY COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL, 3301 EAST TAMIAMI TRAIL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OI NAPLES,FL 34112 REPRESENTATIVES- AUTHORIZED REPRESENTATIVE �� ` <TP> ACORD 25(2001/08) Packet Page-1691- 0AGORD 1/8/2013 Item 16.E.9. IMPORTANT If the =rtificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this •••rtificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBR•GATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require :n endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Ce ificate of Insurance on the reverse side of this form does not constitute a contract between the issu g insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmai ely or negatively amend, extend or atter the coverage afforded by the policies listed thereon. II ACORD 26(2001108) Packet Page-1692- 1/8/2013 Item 16.E.9. 11/i/zu-wL item io.t.o. EXECUTIVE SUMMARY Recommendation to approve an assumption agreement with Evans Energy Partners LLC DBA Evans Oil Company ("Evans Energy") to assume Contract #07-4180 "Gasoline and Diesel Fuel" and ITB #10-5581 "Motor Oils, Lubricants and Fluids;" Waive purchasing policy to purchase gasoline and diesel fuel from Evans Energy without formal bidding to refuel County vehicles at the Evans commercial refueling site at South Horseshoe Drive; and retroactively approve payment for all purchases made with Evans Enema since September 26,2012. OBJECTIVE: To obtain Board approval of an assumption agreement with Evans Energy Partners LLC DBA Evans Oil Company ("Evans Energy") to assume Contract#07-4180 "Gasoline and Diesel Fuel" and Invitation to Bid (ITB) #10-5581 "Motor Oils, Lubricants and Fluids" with all previous contract terms and conditions; Waive purchasing policy to purchase gasoline and diesel fuel from Evans Energy without formal bidding to refuel County vehicles at the Evans commercial refueling site at South Horseshoe Drive; and retroactively approve payment for all purchases made with Evans Energy since September 26, 2012. CONSIDERATIONS: Collier County Board of County Commissioners awarded Contract #07-4180 to provide gasoline and diesel fuel for County vehicles and equipment to Evans Oil, LLC on September 25, 2007 (agenda item 16E6); and awarded ITB #10-5581 to provide motor oils, lubricants and fluids to Evans Oil, LLC as secondary vendor on December 14, 2010 (agenda item 16E7). Evans Oil, LLC notified Collier County staff on September 26, 2012 that its operations were being shut down pending purchase by another company. Evans Oil, LLC was acquired by Florida Petroleum Company LLC effective October 1, 2012 and subsequently renamed Evans Energy Partners,LLC DBA Evans Oil Company. Evans Oil,LLC is the only fuel company in the Naples area that has an adequate number of transport tankers (capacity 8000 gallons) and tank-wagon trucks (smaller metered deliveries), plus local tank farm reserves (200,000 gallons) to service the needs of Collier County Government routinely and during emergencies. The tank-wagon capabilities are especially critical to the County for deliveries to areas such as Carnestown, ekk the Collier Area Transit (CAT) bus facility, water and wastewater plants, emergency generator sites at buildings,water wells, and water/wastewater pumping facilities. Tank-wagon deliveries are also required for County-owned marina public refueling resale facilities. In addition, under the provisions of the Collier County contract (#07-4180), Evans Oil, LLC provides fuel to the City of Naples, Collier County School District,Lee County,the City of Fort Myers,the City of Cape Coral, and Charlotte County. On July 24, 2001, in the Board of County Commissioners absence, the County Manager approved a waiver of purchasing policy to purchase gasoline and diesel fuel from Evans Oil Company's fleet fueling station at South Horseshoe Drive without formal bidding (attached executive summary dated 07/24/2001.) The agreement was authorized by the County Manager as a waiver to formal bidding because this is the only commercial refueling facility in the Naples area where the County can purchase fuel at discount. The County has over 160 vehicles based at Horseshoe Drive and nearby Mercantile Avenue. The refueling site is critical to the efficiency of County operations in that a large number of vehicles can refuel at discount prices close to their base locations. The only alternative is to travel to County-owned refueling sites at County Barn Road, 4.5 miles away. On October 9, 2012 (Agenda Item 16E4), the Board approved staff's recommendation to retroactively (effective September 26, 2012) authorize a waiver of competition for fuel purchases and payments under the State of Florida contract (405-000-10-1) to Mansfield Oil Company LLC to fill County owned fixed fuel tanks at the Fleet Management Operation; to add"tank wagon"services to Contract 10-5581 Motor Oils and Lubricant with Combs Oil; and authorize purchases and payments to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Operation and to Combs Oil for "tank wagon" services. Upon approval of the assumption, staff intends to use Contract #07-4180 "Gasoline and Diesel Fuel"as the primary vehicle for fuel purchases unless an emergency arises with Evans Energy. Staff intends to solicit for these services prior to the final contract expiration of both agreements. The County's best interests are served to continue services with Evans Energy under these agreements. Packet Pau -75R6- Packet Page -1693- • 1/8/2013 Item 16.E.9. 11/13/2012 Item 1b.t.b. FISCAL IMPACT: Funds for motor fuel to run County vehicles and equipment are budgeted annually in the Fleet Management Fund 521 operating budget; total annual expenditures are estimated at $5.9 million. Funds for marina resale to the general public are budgeted annually in the Parks and Recreation Marina Fund 001 operating budget;total annual expenditures are estimated at$800,000. LEGAL CONSIDERATIONS: The County Attorney reviewed this item which is legally sufficient and requires a majority vote for approval. —JAK. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board of County Commissioners: 1. Approves assumption of Contract#07-4180 "Gasoline and Diesel Fuel" and ITB#10-5581 "Motor Oils, Lubricants and Fluids", with all previous terms and conditions by Evans Energy Partners LLC DBA Evans Oil Company;and 2. Authorizes the waiver of purchasing policy to purchase gasoline and diesel fuel from Evans Energy Partners without Formal Bidding allowing the continued use of the refueling site on South Horseshoe Drive for county owned vehicles indefinitely under the same terms and conditions; and 3. Retroactively authorizes payments to Evans Energy for any outstanding invoices since September 26, 2012. Prepared By: Adam Northrup,Procurement Strategist,Purchasing Dept. Attachments: • Executive Summary"Waiver of Purchasing Policy to Purchase Gasoline and Diesel Fuel from Evans Oil Company without Formal Bidding"dated July 24,2001. • Assumption Agreement • Exhibit A-Contract#07-4180 dated September 25,2007. • Exhibit B -ITB #10-5581 awarded December 14,2010. Parirat Paaa SR7- Packet Page-1694- 1/8/2013 Item 16.E.9. COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING DEPARTMENT PURCHASING BUILDING"G" NAPLES, FLORIDA 34112 TEL (239) 774-8995 FAX(239) 530-6588 www.colliergov.net/purchasing DATE: August 2, 2007 TO: Prospective Bidders FROM: Scott Johnson, Purchasing Agent Purchasing Department RE: BID #07-4180--- "Gasoline & Diesel Fuel" The Board of County Commissioners, Purchasing Department, desires to receive bids for the above-referenced services. Please refer to the Public Notice contained in the enclosed bid package for the time and date of the Opening of this Bid. If you have any immediate questions regarding the specifications or intended work, you must ask your questions on the Collier County Purchasing Department E-Procurement site: www.colliergov.net/bid. We look forward to your participation in this bid process. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid response pages. Packet Page-1695- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 2 NON-BIDDER'S RESPONSE BID #07-4180 For purposes of maintaining an accurate bidder's list and facilitating your firm's response to our invitation for bid, we are interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. If your firm is not responding to this bid, please indicate the reason(s) by checking an appropriate item (s) listed below and return this form to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope. We are not responding to this invitation for bid for the following reason(s): ❑ Items or materials requested not manufactured by us or not available to our company; ❑ Our items or materials do not meet specifications; ❑ Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, Quantities too small, or ❑ Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) FAX ( ) By: Signature of Representative Packet Page-1696- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 3 PUBLIC NOTICE Sealed bids for Gasoline & Diesel Fuel will be received at the Collier County Purchasing Director's Office, 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112, until 2:30 p.m., Collier County Time on August 29, 2007. BID#07-4180 "Gasoline & Diesel Fuel" Any questions regarding these specifications or intended work must be asked on the Collier County Purchasing Department E-Procurement site: www.colliergov.net/bid. All bids shall be made upon the Official Response Form attached to the specifications, which may be seen only on the Collier County Purchasing Department E-Procurement site: www.collieroov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ STEVE CARNELL Steve Carnell, C.P.M. Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on August 2, 2007. Packet Page-1697- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 4 GENERAL BIDDING REQUIREMENTS 10. Collier County, Florida as a political subdivision of the 1. All bids must be made on the proposal form furnished State of Florida, is exempt from the payment of Florida by the County. No bid will be considered unless the sales tax to its vendors under Chapter 212, Florida proposal form is properly signed. Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07- 2. Vendors must provide unit prices any time unit prices 4180-01005-53C)upon contract award. are requested in the units requested. These unit prices must be proper and balanced so as to allow fair Corporations, individuals and other entities are impacted adjustments in quantities as required by the County. by Chapter 212, Florida Statutes according to the type All prices will remain firm for a period of ninety (90) of service, sale of commodity or other contractual days from date of bid opening. agreement to be made with Collier County. By submittal of a properly executed response to a bid 3. Any transportation and/or any other charges incurred in proposal from Collier County, Florida, the bidder is delivering the product as specified must be included in acknowledging that he is aware of his statutory the bid price. FOB destination shall apply unless responsibilities for sales tax under Chapter 212,Florida exception is made in the specifications. Statutes. Collier County is also exempt from most Federal excise 4. Any discounts or terms must be shown on the proposal taxes. By submittal of a properly executed response to form. Such discounts, if any, will be considered and a bid proposal from Collier County, Florida, the bidder computed in the tabulation of the bids. In no instance is acknowledging that he is aware of his responsibilities should terms for less than 15 days payment be offered. for Federal excise taxes. 5. Proposers taking exception to any part or section of 11. Tangible personal property purchased by Contractors in these specifications shall indicate such exceptions on a the performance of realty construction for the County is separate sheet entitled "EXCEPTIONS TO taxable, though the County is exempt on its own SPECIFICATIONS". Failure to indicate any exceptions purchases. shall be interpreted as the proposers intent to fully comply with the specifications as written. 12. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have 6. The County reserves the right to formally amend and/or a drug-free workplace in accordance with Section clarify the requirements of the bid specifications where 287.087 Florida Statutes. Should all vendors provide it deems necessary. Any such addendum/clarification said certification, the County will give local vendor shall be in writing and shall be distributed to all parties preference. who received the original bid specifications and are eligible for consideration prior to the deadline for submission of proposals. 13. Permits, Licenses, Taxes: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. In 7. The County reserves the right to reject any and all bids, addition, the Contractor shall comply with all rules, to waive defects in the form of bid, also to select the regulations and laws of Collier County, the State of bid that best meets the requirements of the County. Florida, or the U.S. Government now in force or hereafter adopted. 8. All bids shall be in the hands of the County Purchasing Director, Collier County Government Complex, 14. The County reserves the right to accept item or group Purchasing Building, Naples, FL 34112, by the date of items of this bid, unless the bidder qualified his bid and time as stated in the Legal Notice. No late bids by specific limitations. can or will be accepted. 15. The County reserves the right to award any item or 9. All bids must be placed in a sealed envelope, and groups of items to more than one vendor on any bid plainly marked as follows: unless otherwise noted in the bid specifications. (1) The date and time of receipt of the bids by the 16. Alternate bids will not be considered unless authorized County Purchasing Director. by the Invitation for Bids. (2) The number of the bid and the bid title for which the 17. Bidders on any construction project must be qualified bidder submitting the bid. and directly responsible for 30% or more of the Bid amount for said work. However, under no circumstances shall any part of, or pertaining directly to the bidder's offer, be exposed on the outside of the bid offer. 18. Payment will be made by the County within thirty(30) days from receipt and acceptance by the County of Special Note: All bids sent by courier service must have delivery of the bid items or receipt of invoice for same, the bid number and title on the outside of the courier whichever is received later. packet. 19. Any Contractor who is a recipient of County funds, or who proposes to perform an work or furnish any goods Packet Page-1698- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 5 under this bid shall not discriminate against any worker, firm has submitted a proposal. Firms and their agents employee or applicant or any member of the public are not to contact members of the County Commission because of age race, color, sex, religion, national for such purposes as meetings of introduction, origin, disability or marital status nor otherwise commit luncheons, dinners, etc. During the bidding process, an unfair employment practice. from bid opening to final Board approval, no firm or their agent shall contact any other employee of Collier 20. For bidders who wish to receive copies of bids after the County with the exception of the Purchasing Director. bid opening,the County reserves the right to recover all costs associated with the printing and distribution of 25. The Contractor shall employ people to work at County such copies. facilities who are neat, clean, well-groomed and courteous. 21. Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with 26. If the bidder should be of the opinion that the meaning respect to the former,shall file a written protest with the of any part of the Bidding Document is doubtful, Purchasing Director prior to the opening of the Bid or obscure or contains errors or omissions he should the due date for acceptance of Proposals. All such report such opinion to the Purchasing Director before protests must be filed with the Purchasing Director no the bid opening date. later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the 27. The County assumes no responsibility for proposals acceptance date for the Request for Proposals. received after the due date and time,or at any office or location other than that specified herein,whether due to 22. Bid award selection criteria is as follows: mail delays,courier mistakes,mishandling,inclement weather or any other reason. Late proposals shall be a. All questions on the Proposal Page shall be returned unopened,and shall not be considered for answered as to price(s), time requirements, award. prompt payment terms [discounts], required document submissions and acknowledgment of 28. Bidder acknowledges, and without exception or addenda received. stipulation,any firm(s)receiving an award shall be fully responsible for complying with the provisions of the b. Award shall be based upon the responses to all Immigration Reform and Control Act of 1986 as located questions on the Proposal Page. at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the C. Further consideration will include but not be awarded firm(s) to comply with the laws referenced limited to references, completeness of bid herein shall constitute a breach of the award response and past performances on other County agreement and the County shall have the discretion to bids/projects. unilaterally terminate said agreement immediately. d. Prices will be read in public exactly as written on the Proposal Page at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper answer. 23. Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice,the protesting party will have five(5)days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy"is available at the office of the Purchasing Director. 24. All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied...either individually or collectively...about a project for which a Packet Page-1699- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 6 SPECIFICATIONS These specifications are intended to provide information by which prospective bidders may understand the requirements of the Collier County Board of County Commissioners (hereafter referred to as "County") relative to the furnishing and delivering of unleaded gasoline and diesel fuel on an as-needed basis to government agencies and locations throughout Collier County. The quantities listed herein are approximate and the County reserves the right to increase or decrease the quantities as needed. Further, the County will have future requirements for ethanol and bio-diesel. Prices for ethanol and bio-diesel will be negotiated between the successful bidder(s) and the County's Contract Manager as these products become available in our area. Bids will be accepted only from those fuel companies that have base locations within Collier County and own adequate transports, tank wagons, and fixed reserve tanks to provide timely fuel services to the County during both normal and emergency operations. Bidders must state the number and type of fuel delivery vehicles in their inventory, and the capacity of their local fixed tanks at their supply points. Refueling assets and capabilities will weigh heavily when awarding the bid. The County will be the sole judge of determining the adequacy of refueling assets. Bids from companies that rely upon common carriers for fuel delivery will not be accepted. Bidders must maintain current and active fuel supply contracts at the fuel depots at Port Everglades and the Port of Tampa. Proof of fuel supply contracts must be submitted with bids. Projected Annual Requirements The quantities listed below are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during the contract period, but no guarantee is made as to any minimum or maximum amounts. Est. Annual Usage in Product Specifications Gallons Unleaded Gasoline Regular 87 AKI 600,000 All gasoline shall be volatile hydrocarbon fuel, free from water and suspended matter, and suitable for use as a fuel in internal combustion engines, must meet or exceed State of Florida specifications. Gasohol or alcohol additives are prohibited from products. All unleaded gasoline must have a minimum of a "maintenance" detergent dose of injector cleaning additive. Est. Annual Usage in Product Specifications Gallons #2 Diesel Fuel 620,000 #2 On-Road Ultra Low Sulfur Diesel 70,000 The No. 2 diesel fuel must be suitable for use in diesel engines and free from water, foreign matter and must meet or exceed State and Federal specifications. Ultra-Low Sulfur Diesel must have a sulfur content of 15PPM or less and meet all Federal standards for use in mandated diesel engine low emission systems. Collier County reserves the right to modify the product specifications in order to comply with future mandates. Packet Page-1700- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 7 Product, Locations and Storage Capacities: The following is a list of current and anticipated primary delivery locations within the boundaries of Collier County. Numerous other delivery locations are located at emergency generator sites throughout the County. The County reserves the right to add or delete delivery locations during the term of the contract. Storage Location Capacity Product Chiller Building Generator 4,000 Diesel Fuel 3301 Tamiami Trail East Health & Community Services Bldg. Generator 4,000 Diesel Fuel 3301 Tamiami Trail East Administration Bldg. Generator 6,000 Diesel Fuel 3301 Tamiami Trail East Naples County Barn 20,000 Unleaded Gasoline* 2901 County Barn Road 10,000 Diesel Fuel* 10,000 Ethanol* Davis Boulevard Maintenance Facilities 10,000 Unleaded Gasoline* 4800 Davis Boulevard 10,000 Diesel Fuel* CAT Bus Terminal 10,000 Unleaded Gasoline Radio Rd./Davis Blvd. 20,000 Diesel Fuel North County Wastewater Treatment Facility 24,000 Diesel Fuel* 10500 Goodlette Road South County Wastewater 10,000 Diesel Fuel* Treatment Facility 5600 Warren Street South County Regional Water Plant 10,000 Diesel Fuel* 3851 Utilities Drive North County Regional Water Plant 40,000 Diesel Fuel* 8005 Vanderbilt Road Ext. Carica Repump Station 15,000 Diesel Fuel* Carica Road lmmokalee County Barn 10,000 Unleaded Gasoline* 402 Stockade Road 10,000 Diesel* Carnestown Sheriffs Substation 2,000 Unleaded Gasoline* Intersection Highway 41 and Highway 29 2,000 Diesel* *Above Ground Tank Each location listed above shall be considered one stop. There shall be no additional cost to deliver fuel to separate tanks within the same location, to deliver a transport with two types of fuel to the same location, to deliver a transport of one or two types of fuel to two (2) different locations, or to deliver a tank wagon of one or two types of fuel to multiple locations. NOTE: Replacement of underground storage tanks with above-ground storage tanks is underway at Immokalee County Barn. The configuration of above-ground storage tanks as listed for Naples County Barn is expected to be completed within the next year. The refueling station at the CAT Bus Terminal is scheduled to be constructed within the next year. Emergency Response Plan: The vendor shall submit with his bid a written plan for emergency response and clean up of fuel spillage. The plan shall meet all Federal, State and local laws. Aft The vendor shall clean up all spills created by the vendor, according to the emergency response plan, and report those spills to the County and to other regulatory agencies as Packet Page-1701- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 8 required by law. Bids submitted without a written emergency response plan may not be considered for contract award. Collier County shall be the sole judge of bid acceptance. Prices: Prices shall be based on the actual daily per gallon wholesale prices charged to the successful bidders at the appropriate fuel depot, plus a firm markup. Proof of daily wholesale prices charged to the successful bidders by product shall be faxed to the County Fleet Management Department each day whether County fuel deliveries are scheduled or not. The proof of price must specify the wholesaler, purchaser, fuel depot location, prices of each product, and effective dates of prices. The firm markup may include the vendor's profit, delivery costs and other costs the vendor wishes to include. The firm markup shall not change during the term of the contract. Other than appropriate taxes, no other charges are permitted under this contract. State and Federal Pollution taxes are not to be included in the firm markup offered in the bid. Rather, these taxes are to be shown as itemized expenses within each invoice Orders and Deliveries: Deliveries shall be made within twenty-four (24) hours of the time that the order is placed by the County. If the vendor is unable to complete the delivery as originally ordered by the County, the vendor must notify the County immediately. This applies to quantity ordered as well as delivery time. Failure to notify the County or multiple instances of late or incorrect deliveries shall be grounds for immediate termination of this contract with the responsible vendor. Deliveries shall be made to the County between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday unless other arrangements are made with the Collier County Fleet Management Department. Deliveries made to in-ground tanks shall include removal of any accumulated or standing water in spill containment buckets to prevent the water from entering the tank when opening the fill cap. Orders will be by transport and tank wagon quantities. Transport orders shall be a minimum of seven thousand (7000) gallons for single type or combined loads of fuel. The County may order transport(s) containing a single type or combinations of types of fuels specified herein. There shall be no minimum quantities for tank wagon orders or any type of minimum order charges above those specifically stated in this agreement. Deliveries will be made with trucks owned by the successful bidders. Common carrier deliveries may be accepted during times of emergency with prior approval of the Fleet Management Department. All billings for transport deliveries under this contract shall be consistent with the actual manifests from the loading terminal, which shall be presented with each delivery. All invoices shall be calculated on the net gallons received at the loading terminal. If temperature-corrected billing is used, the loading report shall give all pertinent information. Billings for tank wagon deliveries shall be based on actual meter readings. Before unloading of vehicle begins, the receiving personnel shall stick or measure receiving tanks, and shall again stick or measure the tanks after delivery to assure proper quantities are received. Careful recording of before and after delivery dip readings or gauge readings for each tank is required on the delivery statement. County-Owned Fuel Trucks: The vendor shall fill the bulk tanks of County-owned fuel trucks at the vendor's supply point at the quoted tank wagon prices. County-owned fuel trucks shall receive priority during declared emergencies. Packet Page -1702- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 9 Invoices: Delivery location, date, product(s), and the net quantity and cost of each product '" (with each Federal, State, and local tax itemized separately) shall be itemized on all invoices. The County purchase order number shall also be on the invoice. Emergency Fuel Supplies: In the event of hurricane or other disaster, the vendor must provide priority supplies of fuel to the County for continued emergency government operations. The vendor will submit with his bid a written plan of how priority fuel will be supplied to the County when under declared emergency conditions. The plan must be specific in naming who, when, and how the fuel will be provided, and must provide details of plan implementation. Capabilities and capacities of local reserves and advanced staging of transport trailers or tank wagons should be addressed. The plan should also include whether the bidder's local supply point has emergency generators to access reserve fuel during power outages. The emergency fuel plan will be an important and perhaps overriding factor in awarding the contract. Bids submitted without emergency fuel supply plans shall not be considered for contract award. The County will be the sole ludge of the adequacy of a vendor's emergency fuel plan. Award: The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s) that has/have adequate refueling assets, acceptable Emergency Response and Emergency Supply Plans, and meets all other requirements of these specifications. The County shall be the sole judge as to which bids are acceptable. The County reserves the right to award this contract through an approach which best serves the interests of the County; i.e., to a single vendor, multiple vendors, or on a primary/secondary vendor basis. The lowest bidder will be determined by totaling all markups offered on the response page to equal the base bid. The contract shall be in the form of Standard five (5) page County Attorney Approved contract. Terms of Contract: This contract will commence on October 1, 2007, and be in effect for two (2) years. Contract Renewal: The County retains the right to renew this contract, with the consent of the vendor(s), under the same terms and conditions for three (3) additional two-year periods. Additional Items/Services: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and the Vendor. Termination: Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. Assignment; Sublease; Sale, Etc.: Should the Contractor sell or sublet this contract or any part thereof to any person or entity other than the awardee, the Board of County Commissioners shall be notified in writing immediately upon the transfer of ownership. The assignment of this contract or any part thereof, shall require that its assignee be bound to it and Packet Page -1703- 1/8/2013 Item 16.E.9. Bid No.07-4180- "Gasoline&Diesel Fuel" Page 10 to assume toward the contractor, all of the obligations and responsibilities that contractor has assumed toward the County. In the County's best interest, and at its option, the service/commodity may be re-bid, delivering a sixty (60) day written notice to the new owner(s). ContractorNendor Inability to Provide Product: Should circumstances arise where the ContractorNendor would be unable to supply the requested product within five (5) working days, the County may select an alternative supplier to provide the product until such time the Contractor/Vendor is able to again supply the product. The ContractorNendor shall advise the Contract Manager in writing when a product is unavailable and when it becomes available and can again be supplied per the Contractual Specifications. Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Packet Page-1704- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 11 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 per accident X 2. Commercial General Liability Bodily Injury & Property Damage (Occurrence Form) patterned after the current I.S.O. form with no limiting endorsements. $1,000,000 Single Limit Per Occurrence X 3. Indemnification: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' . fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. X 4. Automobile Liability $1,000,000 Each Occurrence Owned/Non-owned/Hired Automobile Included 5. Other Insurance as indicated below: a) Professional Liability $ -0- b) Builder's Risk $ -0- Packet Page-1705- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 12 Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. • X 7. Collier county must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent Packet Page-1706- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 13 POLLUTION AND REMEDIATION LIABILITY INSURANCE Required by this Agreement? Yes No (1) Contractor/Professional/Consultant shall maintain: a. Pollution and Remediation Liability Insurance including the cost of defense during the term of this agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services/scope of work as outlined in this Agreement and shall include but not be limited to Pollution Legal Liability (legal liability arising out of the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the project); b. Remediation Legal Liability/Expense (expenses incurred for or in connection with the investigation, monitoring, removal, disposal, treatment or neutralization of a condition arising from the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the Project, as well as the cost to repair or replace real or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal, State, Local or Provincial laws, regulations or statutes or any subsequent amendments thereof); and c. Transportation Legal Liability/Expense — Pollution Legal Liability or Remediation Legal Liability/Expense arising out of the movement by the Contractor/professional/Consultant of product or waste of the Owner to its final delivery point as specified under this Agreement. (2) Limits Required: Each Loss or Expense $2,000,000 Annual Aggregate $4,000,000 The Annual Aggregate limit shall apply separately to this project. (3) If coverage is provided on a "Claims Made" form as opposed to an "Occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that, in the event of cancellation or non-renewal, the Extended Reporting Period (Discovery Period) for claims shall be no less than three(3)years. (4) The Collier County Board of County Commissioners shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) This policy shall include contractual liability coverage to contemplate the indemnity provisions of this agreement. Packet Page-1707- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 14 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County,Florida Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully,sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings,descriptive literature,etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: • Bid Number; • Bid Title; • Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature&Title Date Packet Page-1708- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 15 Bid Response Form FROM: DUE: August 29, 2007(a 2:30 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 07-4180 -- "Gasoline & Diesel Fuel" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing Gasoline & Diesel Fuel as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: SEE FOLLOWING PAGE Any discounts or terms must be shown on the Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: % Days; Net. 30 Days Addenda received (if applicable): #1 #2 #3 Bid Response continued on next page.... Packet Page-1709- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 16 Vendor Markup Product Type Order Amount Per Quantity Gallon Unleaded Transport Regular 87 AKI $ Unleaded Tank Wagon Regular 87 AKI $ Combined ** Transport Regular 87 AKI/Diesel $ Diesel Transport #2 Ultra Low Sulfur $ Diesel Transport #2 High Sulfur $ Diesel Tank Wagon #2 Ultra Low Sulfur $ Diesel Tank Wagon #2 High Sulfur $ **Transports carrying both Unleaded and Diesel Fuel. Number of tractor trailer transports owned and based locally? Total fuel capacity of all owned transport trailers in gallons? Number of tank wagon trucks owned and based locally? Total fuel capacity of all owned tank wagon trucks in gallons? Capacity in gallons of fixed fuel storage tanks at local supply point? Is your supply point equipped with an emergency generator? Is your Emergency Response Plan attached? Is your Emergency Fuel Supply Plan attached? Proof of fuel supply contracts with Port Everglades and Port of Tampa attached? Packet Page -1710- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 17 BID RESPONSE CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2007 in the County of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No. Check one of the following: Fax No. ❑ Sole Proprietorship ❑ Corporation or P.A. State of ❑ Limited Partnership ❑ General Partnership By: Typed and Written Signature Title • Packet Page-1711- 1/8/2013 Item 16.E.9. Bid No.07-4180-"Gasoline&Diesel Fuel" Page 18 ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Phone No. Title FAX No. Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name Phone No. Title FAX No. Email Address: Note: If you choose to bid, please submit an ORIGINAL and ONE COPY of your Bid Response pages. Packet Page-1712- 12-10-'12 11:59 FAC(1-Evans Oil Company 239-261-1485 T. 1/8/2013 Item 16.E.9. • • December 10,2012 To our valued Customers: Effective immediately,Evans Energy Company can no longer extend 30 day credit terms. Evans Energy cannot extend terms longer than what it is provided to them by their suppliers and lending institutions. Evans Energy Company's new terms policy will be as follows: • CUD: Cash or check to be paid to driver upon delivery of product. • Credit Card: Credit card on file grill be charged upon delivery of product. • 7 day Mr Funds will be drawn by Evans Energy from the designated account 7 days after delivery of product. We will provide you with a new credit application for your completion. We wiU.need to receive•your completed application with your choice of the credit o tions offered above. J► ce ti e app1l tiOn h teen appiov -bX Eversin +,�} ow cruet ,i? t, rd�` 1 ��ni ill establislic Thank you for your understanding in this matter. Packet Page -1713- 1/8/2013 Item 16.E.9. Evans Oil Company December 18, 2012 Dan Croft Fleet Management Director Collier County Administrative Services Division 3301 Tamiami Trail East Naples, Florida 34112 Re: Gasoline & Diesel Fuel Dear Mr. Croft, As per our recent discussions, we hereby request payment terms of net immediate from the date of purchase. All payments will continue to be made by wire transfer for each purchase. Please advise if this is acceptable to Collier County. Very trulys, Sam Askar Evans Energy Partners, LLC. 3170 South Horseshoe Drive Naples, Florida 34104 Ph: 239-262-41''^ Fax; 239-262-7861 Packet Page -1714-