Contract_No._26-17.pdf

Drafted by the Office of the County Attorney.

Approved by the Board of County Commissioners __________, 2026

AGREEMENT FOR GASOLINE AND

DIESEL FUEL SUPPLY SERVICES

CONTRACT NO.: 26-17

THIS AGREEMENT is made this _____ day of ______________, 2026, between WALTON COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 76 North Sixth Street, DeFuniak Springs, Florida 32433, the "County", and _________, Florida corporation/limited liability company, whose address is ___________, the "Vendor".

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows.

SECTION 1. INTENT: HIRING OF VENDOR.

The County desires to hire the Vendor to render certain gasoline and diesel fuel supply services, and the Vendor desires to render such services. Vendor’s services are described in the Scope of Services, attached and incorporated by reference in this Agreement. Therefore, the County agrees to hire Vendor and Vendor agrees to perform the consulting services set forth in the Scope of Services.

SECTION 2. SCOPE OF SERVICES.

Vendor shall provide gasoline and diesel fuel supply services in accordance with the Scope of Services set forth in Exhibit A which is attached and incorporated by reference.

SECTION 3. COUNTY'S RESPONSIBILITY.

Except as provided in the Scope of Services, the County's responsibilities are to furnish required information and services and render approvals and decisions as necessary for the orderly progress of Vendor's services. The County hereby designates the County Administrator or his designee to act on the County's behalf with respect to the Scope of Services. The County Administrator shall have complete authority to transmit instructions, receive information, interpret, and define County's policies and decisions with respect to materials, elements, and systems pertinent to Vendor's services.

The County’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners.

SECTION 4. TERM OF AGREEMENT.

The term of this Agreement shall be ONE (1) year from the date of its complete execution with options to renew for up to FOUR (4) additional periods of ONE (1) year each at the sole discretion of the County.

SECTION 5. COMPENSATION.

A. Total compensation under this Agreement shall be determined by the specific delivery method utilized and shall not exceed the following respective limits:

For Bulk Transport Delivery: The Vendor’s fuel cost per gallon plus $______ per gallon; OR For Tank Wagon Delivery: The Vendor’s fuel cost per gallon plus $______ per gallon.

B. Vendor shall prepare and submit monthly invoices for the gasoline and diesel fuel delivered to the County under this Agreement. Invoices for services shall be paid in accordance with the Florida Prompt Payment Act. All invoices shall reference Contract No. 26-17 and be accompanied by a report identifying the quantities of gasoline and diesel fuel provided including dates and locations of deliveries. The County shall promptly notify Vendor if any invoice or report is found to be unacceptable.

SECTION 6. EMERGENCY RECOVERY PERFORMANCE AND PENALTIES.

In accordance with Section 252.505, Florida Statutes, if the Vendor breaches this Agreement during an emergency recovery period following a natural emergency, the Vendor shall be liable to the County for a statutory penalty of $5,000.00. In addition to said penalty, the Vendor shall be liable for actual and consequential damages resulting from the breach. The assessment of this penalty and these damages shall not limit any other legal or equitable remedies available to the County under this Agreement or Florida law. As used in this section, the term “emergency recovery period” means a 1-year period that begins on the date that the Governor initially declared a state of emergency for a natural emergency.

SECTION 7. DOCUMENTS.

The documents which comprise this Agreement between the County and the Vendor are:

A. This Agreement, which includes the Scope of Services attached hereto as Exhibit A;

B. Any written amendments, modifications or Addenda to this Contract;

C. Walton County Invitation to Bid (ITB) No. 26-17 for Gasoline and Diesel

Fuel Supply Services;

D. Vendor’s bid submitted in response to Walton County Invitation to Bid No.

26-17;

E. Notice of Award;

F. Notice to Proceed; and G. Purchase Orders issued by Walton County for gasoline and diesel fuel under the terms of this Agreement.

In the event of a conflict between any documents comprising this Agreement, the documents shall be construed in the following order of priority: 1) the terms of this

Agreement; 2) the provisions of ITB No. 26-17; and then 3) the Vendor’s reply submitted in response to ITB 26-17.

SECTION 8. EQUAL OPPORTUNITY EMPLOYMENT.

In connection with the work to be performed under this Agreement, Vendor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity statutes and regulations.

SECTION 9. E-VERIFY

Vendor utilizes the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed by the Vendor during the term of the Agreement to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Vendor to perform work pursuant to the Agreement.

SECTION 10. PROHIBITION AGAINST CONTINGENCY FEES.

Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor to solicit or secure this Agreement and that Vendor has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate this Agreement without liability, and at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

SECTION 11. TRUTH-IN-NEGOTIATIONS/PUBLIC ENTITY CRIMES AFFIDAVIT.

Vendor certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs.

Vendor represents that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes.

SECTION 12. INSURANCE.

A. The Vendor shall purchase and maintain such commercial (occurrence form) or comprehensive general liability, workers compensation, professional liability, including errors and omissions coverage if applicable, and other insurance as is appropriate for the services being performed hereunder by Vendor, its employees, or agents. The amounts and types of insurance shall conform to the following minimum requirements:

1. Worker's Compensation. Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws unless Contractor provides a current Florida Workers Compensation exemption certificate. In addition, the policy must include the following:

a. Employer's Liability with a minimum limit per accident in accordance with statutory requirements.

b. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

2. Comprehensive General Liability. Coverage must include:

a. $1,000,000.00 combined limit per occurrence for bodily injury, personal injury, and property damage.

b. Contractual coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement.

c. Additional Insured. County is to be specifically included as an additional insured.

d. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

3. Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services Office and must include:

a. $300,000 combined single limit per accident for bodily injury and property damage.

b. Owned Vehicles

c. Hired and Non-Owned Vehicles

d. Employee Non-Ownership

e. Additional Insured. County is to be specifically included as an additional insured.

f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide County with thirty (30) days’ written notice of cancellation and/or restriction.

B. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better. Certificates of Insurance evidencing the insurance coverage specified in this Section shall be filed with the County. The Certificates of Insurance shall be filed with County before this Agreement is deemed approved by the County. The required Certificates of Insurance not only shall name types of policies provided, but also shall refer specifically to this Agreement and shall list the certificate holder as “Walton County Board of County Commissioners”. All the policies of insurance so required of Vendor except workers compensation and professional liability insurance shall be endorsed to include as additional insured the County, its officers, employees, and agents to the extent of the County’s interests arising from any contract agreement between County and Vendor. If the initial insurance expires prior to completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration.

C. Insurance coverage shall be placed with insurers or self-insurance funds, satisfactory to the County, licensed to do business in the State of Florida and with a resident agent designated for the service of process. All insurers shall have at least an "A-" policyholder's rating and a financial rating of at least Class VII in accordance with the most current Best's rating. Vendor shall provide the County with financial information concerning any self insurance fund insuring Vendor. At the County's option, a Best's rating or Self-Insurance Fund financial information may be waived.

D. The purchase of any of the above-referenced insurance policies shall not release the Vendor from any obligation, warranty, or guarantee requisite under this Agreement.

E. Any risk of loss shall be borne by the Vendor until the fuel is successfully delivered to the storage tanks designated in the Scope of Services.

SECTION 13. TERMINATION OF AGREEMENT BY THE COUNTY.

This Agreement may be terminated by the County, with or without cause, or with or without prior written notice. If this Agreement is so terminated Vendor shall be paid for all work performed, pursuant to the terms and conditions of this Agreement, up to the date of termination and promptly deliver to the County copies, including reproducible mylars, of all then completed deliverable items and all tracings, drawings, survey notes, and other documents that directly support the deliverables prepared by Vendor. Vendor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from the termination.

SECTION 14. PUBLIC ACCESS.

A. A request to inspect or copy public records relating to this Contract must be made directly to the County. If the County does not possess the requested records, it shall immediately notify the Vendor of the request, and the Vendor must provide the records to the County or allow the records to be inspected or copied within a reasonable time (§119.0701(3)). If Vendor fails to provide the public records within a reasonable time, Vendor may be subject to penalties under §119.10, F.S.

Vendor shall comply with the requirements of Florida’s Public Records law. In accordance with Section 119.0701, Florida Statutes, the Vendor shall (1) keep and maintain public records required by the public agency to perform the service; (2) upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida’s Public Records law or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Vendor does not transfer the records to the public agency; and (4) upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Vendor or keep and maintain public records required by the public agency to perform the service. If the

Vendor transfers all public records to the public agency upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of this contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from public agency’s custodian of public records, in a format that is compatible with the information technology system of the public agency.

B. IF VENDOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS AGREEMENT, VENDOR SHALL CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

Genara Roop, Records Management Liaison Officer 161 E. Sloss Avenue DeFuniak Springs, Florida 32433 850-892-8110 publicrecords@co.walton.fl.us

C. In the event the County must initiate litigation against Vendor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the County because Vendor failed to provide access to public records responsive to a public record request, County shall be entitled to recover all costs, including but not limited to reasonable attorneys’ fees, costs of suit, witness fees, and expert witness fees expended as part of said litigation and any subsequent appeals.

SECTION 15. RECORDS.

The Vendor shall maintain records, and the County shall have inspection and audit rights as follows:

A. Maintenance of Records: The Vendor shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation for any service rates, expenses, research, or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement.

B. Examination of records: The County or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time, and place.

mailto:publicrecords@co.walton.fl.us

Records which relate to any litigation, appeals, or settlements of claims arising from performance under this Contract shall be made available until a final disposition has been made of such litigation, appeals, or claims.

C. Cost and pricing data: The Vendor, by executing this Contract, certifies to truth-in-negotiation, specifically that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of Contracting. The Vendor agrees that the County may adjust the consideration for this Contract to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other actual unit costs. The County shall make any such adjustment within one (1) year following the termination of this Contract.

SECTION 16. CONTROLLING LAW AND ATTORNEY FEES

A. This Agreement is to be governed by the laws of the State of Florida. The venue for any litigation resulting out of this Agreement shall be in Walton County, Florida.

B. Should Walton County take any action to enforce any term or provision of this

Agreement, or to collect any portion of the amount payable under this Agreement, including, but not limited to, litigation, then all reasonable litigation and collection expenses, witness fees, expert witness fees, court costs, and reasonable attorneys' fees shall be paid to Walton County by the Vendor.

SECTION 17. SUCCESSORS AND ASSIGNS.

The County and Vendor bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor Vendor shall assign or transfer any interest in this Agreement without the written consent of the other.

SECTION 18. EXTENT OF AGREEMENT.

A. This Agreement represents the entire and integrated agreement between the County and Vendor and supersedes all prior negotiations, representations, or agreement, either written or oral.

B. This Agreement may only be amended, supplemented, modified, changed, or canceled by a duly executed written instrument.

SECTION 19. INDEMNIFICATION OF THE COUNTY.

Vendor shall indemnify and hold harmless the County and its officers and employees from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor and other persons employed or utilized by the Vendor, in the performance of the contract, or the failure of Vendor to comply with public records requests made pursuant to Section 14 herein. The Vendor shall not indemnify or hold harmless the County for any liabilities, damages, losses, or costs caused solely by the negligence of the County, its employees, officers, directors, or agents. Nothing herein is intended to serve as a waiver of sovereign immunity by County to which sovereign immunity applies. Nothing herein shall be construed as consent by County to be sued by third parties in any matter arising out of any contract.

SECTION 20. INDEPENDENT CONTRACTOR.

Neither the County nor any of its employees shall have any control over the conduct of Vendor or any of Vendor's employees, except as herein set forth, and Vendor expressly warrants not to represent at any time or in any manner that Vendor or any of Vendor's agents, servants, or employees are in any manner agents, servants, or employees of the County. It is understood and agreed that Vendor is, and shall at all times remain as to the County, a wholly independent contractor and that Vendor's obligations to the County are solely as prescribed by this Agreement.

SECTION 21. SEVERABILITY.

In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

SECTION 22. NOTICES.

Any notices to be given under this Contract shall be given by United States Certified Mail with Return Receipt Requested or electronic mail, addressed to Vendor at its address stated below, and to the County at its address stated below. If providing notice via electronic mail, it shall be deemed that notice was provided on the date said electronic mail was received. The party providing notice by electronic mail shall confirm that the electronic mail was received by the other party.

For Vendor: For County:

[Name of Business Entity] Walton County Board of County Commissioners [Attn] c/o Walton County Administration [Address] 76 North 6th Street [Telephone] DeFuniak Springs, Florida 32433 [Email] 850-892-8155 contracts@co.walton.fl.us

Either party shall notify the other party of any change in name or address to which Notices shall be sent by providing the same with at least five (5) days’ written notice to the other party at the address set forth herein.

SECTION 23. ELECTRONIC SIGNATURE.

This Agreement may be executed with an electronic signature by either or both parties to this Agreement, and shall be legally binding as to each and all parties hereto, and shall have the same authority, effect, and enforceability as an original signature.

mailto:contracts@co.walton.fl.us

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

ATTEST: WALTON COUNTY, FLORIDA

Crystal Sconiers, Clerk of the Circuit Court and Comptroller By:__________________________________

Brad Drake, Chair Board of County Commissioners

Date: ________________________________

Approved For Form:

Clay B. Adkinson, County Attorney Walton County, Florida

VENDOR

By:___________________________________

Date: ________________________________

STATE OF FLORIDA:

COUNTY OF __________:

Acknowledged and subscribed before me the undersigned notary by means of physical presence or online notarization, on this ___day of ___________, 2026, by _____________________, the _____________ (insert title) of _____________ with legal corporate authority, and who is known to me or has produced identification of:

Notary Public

EXHIBIT A

SCOPE OF SERVICES

The Vendor shall install vendor owned tank monitors in each of the County fuel tanks and deliver gasoline and diesel fuel anytime fuel levels drop to 20% remaining fuel or within TWENTY-FOUR (24) hours of receiving a delivery request from the County. The Public Works Director or their designee (“Designee”) shall be the central point of contact if additional gasoline or diesel fuel deliveries are required.

The Vendor shall coordinate service dates with the Designee to ensure that all locations listed herein are serviced in accordance with the requirements herein. Vendor shall perform all services in a timely and professional manner consistent with industry standards and the service schedule established between the Vendor and Designee. If scheduled services are not performed within the required service window established herein, Walton County reserves the right to require corrective service at no additional cost or to deduct the cost of the missed service from the Vendor’s invoice.

At the time of delivery Vendor shall provide a fuel ticket which contains the applicable OPIS price.

Unleaded Gasoline/Tank Wagon Gasoline, unleaded, antiknock (octane) index minimum 87 (RON+MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with State of Florida gasoline inspection laws, (price will exclude state inspection fee and all tax). State inspection fee and all applicable tax to be added to invoice. To be delivered via tank wagon. No minimum delivery. Billing to be adjusted to 60 degrees F. temperature upon delivery.

Unleaded Gasoline/Transport Wagon Gasoline, unleaded, antiknock (octane) index minimum 87 (RON+MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with State of Florida gasoline inspection laws, (price will exclude state inspection fee and all tax). State inspection fee and all applicable tax to be added to invoice. To be delivered via transport truck in full loads. Billing to be adjusted to 60 degrees F. temperature on transport delivery.

Diesel Fuel, Grade No. 2-Ultra Low Sulfur Fuel/Tank Wagon Oil diesel fuel, grade no. 2-D ultra low sulfur fuel (0.5 mass % sulfur, 40 centane min.) for use in over the road diesel engine, per A.S.T. M. specification D975, complying with Florida Department of Agriculture and Consumer Services Standards 5F02.001, (will exclude all tax). All applicable tax to be added to invoice. To be delivered as ordered via tank wagon. No minimum delivery. Billing to be adjusted to 60 degrees F.

temperature upon delivery.

Transport Wagon Oil diesel fuel grade no. 2-D ultra low sulfur fuel (0.5 mass % sulfur, 40 centane min.) for use in over the road diesel engine, per A.S.T. M. specification D975, complying with Florida Department of Agriculture and Consumer Services Standards 5F02.001, (will exclude all tax). All applicable tax to be added to invoice. To be delivered as ordered via transport truck in full loads. No minimum delivery. Billing to be adjusted to 60 degrees F. temperature on transport delivery.

Walton County Fuel Delivery Locations:

Department Address UL Tank Size

DL Tank Size

Delivery Hours

Public Works

113 Woodyard Rd.

DeFuniak Springs, FL 32435

4000 8000 6 a.m. – 4 p.m.

Mon – Thurs

District 1 3420 McKinnon Bridge Rd Ponce de Leon, FL 32455

2000 9000 6 a.m. – 4 p.m.

Mon – Thurs

District 2 3479 Brown Road DeFuniak Springs, FL 32433

1000 4000 6 a.m. – 4 p.m.

Mon - Thurs

District 3 401 Ranch Road DeFuniak Springs, FL 32433

4000 6000 6 a.m. – 4 p.m.

Mon – Thurs

District 5 142 Community Way Santa Rosa Beach, FL 32459

4000 6000 6 a.m. – 4 p.m.

Mon - Thurs

Landfill 1118 Institution Road DeFuniak Springs, FL 32433

4000 6000 6 a.m. – 4 p.m.

Mon - Thurs

Landfill 2nd site

1118 Institution Road DeFuniak Springs, FL 32433

4000 6000 6 a.m. – 4 p.m.

Mon - Thurs

TDC/ Blue Mountain Pit

924 South County Hwy 83 Santa Rosa Beach, FL 32459

4000 4000 6 a.m. – 4 p.m.

Sun - Sat

The use of tanks may vary during the term of the contract, and additional tanks may be installed or tanks may be replaced during the term of the contract.

Bulk Transport delivery shall be used for all locations listed above except the District 5 and TDC/Blue Mountain Pit locations, which shall receive tank wagon deliveries.

Delivery:

Delivery to County’s tanks shall occur anytime tank monitors show that fuel levels have dropped to 20% of remaining fuel or within TWENTY-FOUR (24) hours after request is received unless specified otherwise by County. The quantity will depend upon the County’s need at the time of request. Delivery of fuel shall be made to storage tanks identified above during the hours shown for each site. Failure to make timely deliveries as required may be considered grounds for cancelation of the contract.

Stick readings or dial readings before and after putting fuel into each tank must be noted on the delivery tickets. Delivery tickets for payment at each tank location must carry the signature of an authorized County employee. County reserves the right to withhold payment for delivery tickets without stick or dial readings and/or proper signatures.

Compliance with Occupational Safety and Health:

Vendor certifies that all material, equipment, etc., provided or used in the performance of the Agreement meets all Occupational Safety and Health Administration (OSHA) requirements.

Vendor further certifies that if the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the vendor.

Pursuant to Chapter 42, Florida Statutes, a Material Safety Data Sheet (MSDS) shall accompany any item delivered under a contract from this solicitation. The MSDS shall include the following information:

A. The chemical name and the common name of the toxic substance.

B. The hazards or other risks in the use of the toxic substance, including

1. The potential for fire, explosion, corrosiveness, and reactivity.

2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by the exposure to the toxic substance; and

3. The primary route of entry and symptoms of over exposure.

C. The proper precautions, handling practices, necessary personal protective equipment and other safety precautions in the use of or exposure to the toxic substances, include appropriate emergency treatment in case of over exposure.

D. The emergency procedure for spills, fire, disposal, and first aid.

E. A description in lay terms of the known specified potential health risks posed by the toxic substance intended to alert any person reading this information.

F. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

Safety Regulations:

Equipment shall meet all state and federal safety regulations.

Emergency Services:

Gasoline and diesel fuel are vital to the operation of the County and are required during emergency situations such as hurricanes and other catastrophes, whether manmade or natural. Time is of the essence during emergency situations, and the Vendor shall provide emergency contact information to ensure County can order and receive gasoline and/or diesel fuel at any time, day and guarantee delivery within 12 hours during an emergency.

Equipment Repair and Maintenance:

County shall be responsible for all equipment repair and maintenance. However, Vendor shall notify County of any malfunctioning tanks, pumps, meters, and other ancillary equipment of which Vendor becomes aware.

Price Adjustment:

County may request written price adjustments be made every twelve months, no less than 30 days prior to the requested effective date. Any increase price adjustment(s) shall be accompanied by written justification attesting that the request is a bona fide cost increase to the Vendor. All price adjustments shall be reviewed by the County’s designated representative. If an adjustment in price is approved, it shall be accomplished by written amendment to this Agreement and approved by the Board of County Commissioners.