Agenda 11/08/2011 Item #16G311/8/2011 Item 16.G.3.
Recommendation that the Board ' of County Commissioners, acting as the Airport
Authority, approve and authorize the Chairman to execute attached Contract #11 -5642 for
purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee
Regional Airport, and Everglades Airpark`with The Hiller Group, Inc.
OBJECTIVE: To provide for the purchase and delivery of aviation fuel for resale to the
Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark.
CONSIDERATI :,, S: The Collier County Airport Authority's contract for the purchase and
delivery of aviation fuel expires on November 21,' 2011. The purpose of this agreement is to
allow the Airport Authority to purchase aviation fuel for resale. Aviation fuel sales account for
approximately sixty percent (Wlo) of the Airport Authority's revenue. It is estimated that the
sale of aviation fuel will generate approximately $879,800 in fiscal year 2012.
RFP 11 -5642 was posted on May 3, 2011 with 200 notices sent to- vendors who provide these
services. Proposals were closed on May 27, 2011 with 4 submissions received.
The selection committee by consensus decision selected The Hiller Group, Inc., to be the Airport
Authority's aviation fuel vendor.
Purchasing prepared the attached contract in accordance with the terms and conditions of RFP
#11 -5642. The contract shall be for a two (2) year period. The County may, at its discretion and
with the consent of the Contractor, renew the Agreement for three (3) additional one (1) year
periods.
FISCAL IMPACT: Funds are available in the Collier County Airport Authority Operating
Fund 495.
GROWTH MANAGE NT 1MPACT: There is no impact to the Growth Management. Plan
related to this action.
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.
RECOMMENDATION: To approve and authorize the Chairman to execute attached Contract
# 11 -5642 with The Hiller Group, Inc. for the purchase and delivery of aviation fuel to the three
County Airports.
PREPARED BY: Chris Curry, Executive Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.3.
11/8/2011 Item 16.G.3.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Chairman to execute attached Contract #11 -5642
for purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee
Regional Airport, and Everglades Airpark with The Hiller Group, Inc.
Meeting Date: 11/8/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
10/26/2011 10:14:17 AM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
10/26/2011 10:14:19 AM
Approved By
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 10/27/20112:46:41 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 10/27/20114:29:35 PM
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 11/1/20114:48:34 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 11/1/20115:01:19 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 11 /2/20118:40:27 AM
11/8/2011 Item 16.G.3.
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/2/20119:21:31 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/2/20119:32:08 AM
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11/8/2011 Item 16.G.3.
AGREEMENT115642
for
Aviation Fuel Pmchase and peliyery
THIS AGREEbUNT, made and entered into on this 8th day of November 2011, by and
between The Hiller Group, Inc, authorized to do business in the State of Florida, whose
business address is 5321 Memorial Highway, Tampa FL 33634, iau+einafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENC E;MENT.
The contract shall be for a two (2) year period, commencing on November 21, 2011, and
terminating on November 20, 2013.
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 one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Amt term not less than ben (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide Aviation fuel in accordance
with the terms and conditions of RFP #11-3642, Exhibit A, and the Contractor's
proposal referred to herein and made an integral part of this agreement. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION: The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit prior,
together with the cost of any other charges /fees submitted in the proposal. as accepted
and approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "A ". Payment will be made upon receipt of a proper invoice and in
compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
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_ 11/8/2011 Item 16.G.3.
3.1 Payments will be made for services furnished,, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non-payment under the legal doctrine of
"l aches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4- SALES TAX Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. 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:
The Hiller Group, Inc.
Attn Wesley G. Earl
5321 Momorial Highway
Tampa, FL 33634
Telephone: 8134382-3313
Facsimile: 813- 882 -4294
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
3327 Tamiami Trail, East
Naples, Florida 34112
Attention Steve Carrell, 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 Amt must be in
writing.
6. NO PARTiVFMRIP. 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.
7. 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.
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11/8/2011 Item 16.G.3.
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.
B. NO EMPROPER 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
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.
9. 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 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.
10. NO DISCREM NATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $5 ,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 $5,000,000 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- N►arktrs' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
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-- 11/8/2011 Item 16.G.3.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident
D. Pollution Insurance: Pollution coverage shall be carried in limits of not less than
$1,000,000 Per Occurrence.
Special Reauirements: Collier County Government small 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 ten (10) days prior to any expiration date 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.
12. 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.
13. CONTRACT ADMINLSTRATION This Agreement shall be on behalf of
the County by the Airport Authority.
14. CONFLICT OF US TEREST• 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.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the• attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exlu'bit A, Contractor's Proposal, Insurance Certificate, RFP #11-5642 -
Purchase and Delivery of Aviation Fuel Specifications /Scope of Services.
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11/8/2011 Item 16.G.3.
16. SUBTECr 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.
17. PROMMON 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.
18. IlN WGRATION 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.
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.
21. ADDITIONAL rrEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
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11/8/2011 Item 16.G.3.
shall be attended by representatives of Contractor with full decision making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.202, Fla. Stat.
Any suit or action brought by either party to this Amt 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.
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11/8/2011 Item 16.G.3.
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
BOARD OF COUNTY CONIIV MONERS
COLLIER COUNTY, FLORIDA
By-
Fred W. Coyle, Chaimm
The Hiller Group Inc.
Contractor
By:
Signature
Typed signature and title
05p,
County Attorney
Print Name
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Exhibit A
EFT Net 30 days
11/8/2011 Item 16.G.3.
credit Card Type
Satthunent
Satdoment
Discount
RM*
Setbo nent
TIM
Discount
Rafe
Set"enrent 7b"
ch ewon iii cane
ao%
WW* 72 hna
0.0%
WUdn n hrs
Alliance Card contract rue
o o%
Within n hrs
ao%
Within 72 hrs
Albence cord retail sale
1.9%
within 72 hrs
1.9%
WNW 72 has
visa
21%
WNW 72 hrs
2.2%
within 72 hrs
Vita
3.2%
Within 72 hrs
32%
Within 72 hrs
MaMrCmd LQt~
2.2%
Within 72 has
2.2%
Within 72 hrs
Mbdw(:Bfd
32%
Wift 72 has
3.2%
MIRhMt 72 hrs
American Emew
3.0%
3Ddm
3.0%
Within 72 hrs
Drover
3.0%
30 don
.3.0%
WRW 72 has
AVCARD
3A%
30 days
1.99%
YAM 72 has
Multi Service Aviation
3.0%
30 dws
3.s%
Within 72 hrs
AbCard
325%
30 dow
425%
Within 72 hrs
Nobs: Qualified transactions are cards swiped through the POS machine and settled
Wore midnight of the same day. AN other scenarios such as self - service
transactions are non - qualified vsa/MasterCard trarisacti= and are processed at a
rate of 3.2%.
Stsndsnd Se lemanid Hiller Alliance cards and M nWrOW and Visa VA be settled
to your accaunt Within 2 W 4 days. American Express, Drover, Multi Service
Aviation, and AWARD will be sei#led 30 days after transaction date.
ACCIfte ad SGUkM e M All card types will be settled to tmt your acco within 72
hours after processing.
The Hiller Group Inc - RFP #11 -5642 Avb ion Fuel purchases and Delivery page g
i
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t A
jKA
11/8/2011 Item 16.G.3.
An itemized list of all applicable Federal and State taxes and Bees fbr Jet A
delhwies:
Federal Excise $0.24400 per gallon
Federal WST $0.00190 per gallon
State Taxes $0.08995 per gallon
An itemized list of all transportation and delivery fees Including current fuel and
Insurance surcharges for jet fuel delivery to the three (3) airports:
Marco Island FL $0.08755 per gallon
Immokalee FL $0.12219 per gallon
For price history purposes► fuel and insurance surcharges on transportation and
delivery fees have fluctuated throughout the last 12 months. The above delivery
rates are based on current fees.
Chevron Jet A price Is calculated based on a differential above the weekly
average Platt's US Gulf Coast Jet 54 Pipeline Mean. The Plaits average price is
calculated each Monday (or Tuesday when Monday Is a holiday) for the previous
week (Monday - Friday published trading days only) and Is effeetive for the
fdlowing Tuesday through Monday period.
The Hiller Group, Inc. will not only guarantee Jet fuel supply but pricing with a
®GMIIQ Ammuft This guarantee provides assurances that the Collier County
airports are receiving competitive pricing rather than pricing fbr bid purposes,
Cost of Jet A fuel additive Is available In 5- gallon palls for $75 per pail. Shipping
cost are walved with a purchase of 6 palls/order. 55 -gallon drums are available
for $635 and includes shipping cost. Cost Is approxkmately 1.5 — Z tom. The
H filer Group will pay for two (2) fifty -five (55) gallon drums of ttie Prlst additive
per year (*13W /year or $65' 00 over 5 Years)
The Miller Group Inc. - RFP #11 -5642 Aviation Fuel Puxctmw and Ddivery Page 9
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11/8/2011 Item 16.G.3.
Exhibit A
Avoca 1MLL
An Itemized list of all applicable Federal and State taxes and Bees for Avgas 10011.
deliveries:
Federal Excise $0.19400 per gallon
Federal LUST $0.00190 per gallon
State Taxes $0.08995 per gallon
An Itemized list of all transportation and delivery fees Including current fuel and
Insurance surcharges for Avgas 100LL delivery to the three (3) airports:
Marco Island FL $0.09376 per gallon
Immokalee FL $0.08311 per gallon
Everglades qty FL $0.10641 per-gallon
For price history purposes, fuel and Insurance surcharges on transpor ation and
delivery fees have fluted throughout the W 12 months. The above delivery
rates are based on current fees.
Chevron Avgas 10OLL is a posted market price.
The Hiller Group, Inc. will not only guarantee Avgas 100LL supply but prki+g with
a leis to mots* a►bwtanrmmmff rs canthomdera
nrMSE or Aw Ie *mbv e,Nfaliav lbmwb. This guarantee provides . assurances
that the Collier County airports are receiving competitive pricing rather than
pricing for bid purposes.
The Hater Grasp Inc. - RFPd11 -5642 Aviation Fud Pumhoses and Delivery Page 10
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11/8/2011 Item 16.G.3.
.
Final .`.
Committee
Ranking .;
The Hiller Group
1.25
1
BP Aviation Service
2.5
3
Eastern Aviation Fu
4
4
Avfuel Corporation
2.25
2
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