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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 Packet Page -1378- 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 Packet Page -1379- 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 Packet Page -1380- 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". Page l of 7 Packet Page -1381- _ 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. Page 2 of 7 Packet Page -1382- 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. Page 3 of 7 Packet Page -1383- -- 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. Page 4 of 7 Packet Page -1384- 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 Page S of 7 Packet Page -1385- 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. Page 6 of 7 Packet Page -1386- 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 Page 7 of 7 Packet Page -1387- 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 Packet Page -1388- 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 Packet Page -1389- 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 Packet Page -1390- 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 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! 0 #DIV /0! Packet Page -1391-