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HomeMy WebLinkAbout2010-259 RESOLUTION NO. 2010-259 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 4 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 5 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT 6 BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN BERNARDINO. 3 7 8 9 County of San Bernardino for the purchase of gasoline and diesel fuel; and, 10 11 12 13 14 WHEREAS, Poma Distributing Company currently has an agreement with the BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and Poma Distributing Company, a copy of which is attached hereto, 15 marked as Exhibit "A", and incorporated herein by this reference as fully as though set 16 17 18 19 20 21 forth at length. SECTION 2. That pursuant to this determination the Director of Finance or her designee is hereby authorized to issue a purchase order to Poma Distributing Company in the amount of $1,500,000 for FY 10-11. SECTION 3. The Purchase Order shall reference this Resolution Number and 22 shall read, "Poma Distributing Company for the purchase of gasoline and diesel fuel. 23 Agreement not to exceed $1,500,000" and shall incorporate the terms and conditions 24 of the agreement. 25 1/1 26 27 28 1/1 2010-259 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 3 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN 5 BERNARDINO. 6 1 SECTION 4. The authorization to execute the above referenced Purchase 7 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 8 9 10 1/1 days of the passage of this resolution. 11 III 12 III 13 III 14 15 16 17 1/1 18 1/1 19 III 1/1 1/1 20 1/1 21 1/1 22 23 24 1/1 1/1 25 1/1 26 III 27 1/1 28 2010-259 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 3 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT 5 BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN BERNARDINO. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Mayor and Common Council of the City of San Bernardino at a ioint regular 8 9 meeting thereof, held on the 10 following vote, to wit: 2nd August , 2010, by the day of Council Members: AYES NAYS ABSTAIN ABSENT 11 12 MARQUEZ 13 14 15 16 17 18 19 20 21 22 23 x x DESJARDINS x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK ~~,h.~ '- . Rachel G. Clark, City Clerk .3uZ day of The foregoing resolution is hereby approved this August ,2010. 24 25 ~~~ tri J. Mor~or City of San Bernardino 26 Appr ved as to Form: 27 28 2010-259 VENDOR SERVICE AGREEMENT WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Attachments "I, 2 and 1" and 26 27 28 1 2010-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnifY and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omiSSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 2 2010-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 3 2010-259 1 2 3 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: 5 6 Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 7 TO THE VENDOR: 8 9 10 11 Poma Distributing Company P.O. Box 471 Bloomington, CA 92316 Telephone: (909) 877-5823 Contact: Wayne Rogge 9. ATTORNEYS' FEES. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 4 2010-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 12. GOVERNING LAW. This Agreement shall be governed by the laws ofthe State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convemence only and shall not affect the construction or the interpretation of any of its proVISIOns. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5 2010-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject marmer of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III III III III III III III III III III III 6 2010-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT POMA DISTRIBUTING COMPANY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 'i? J .1 ') ,2010 f..e5,delt ( By: - Dated~,2010 Approved as to Form: 7 Attachment "1" 2010-259 REQUEST FOR PROPOSAL COUNTY OF SAN BERNAROINO PURCHASING OEPARTMENT Materials andlor Services: Gas & Diesel Fuel To Be Delivered To: Various Locations Date: 7/17/07 Proposal No, J-5 Page No, 1 of 18 Pages Submit each individual proposal in separate sealed envelope with proposal number marked on outside to: County Purchasing Agent 777 East Rlalto Avenue San Bernardino, CA 92415-0760 Monday, August 20,2007,2:00 PM BEFORE: For further information, call: Ed Segura Deputy Purchasing Agent (909) 387-2487 INSTRUCTIONS AND CONDITIONS 1 All prices and notations must be typewritten or printed in ink. No erasures permitted. Mistakes may be crossed out and corrections made adjacent. and must be initialed in ink by person signing quotation. 2. State brand, or make, on each item. If quoting an artide exactly as specified, the words .or equal' must be stricken out by the vendor. If quoting on other than make, model or brand specified, the manufacturer's name and the catalog number must be given, or descriptive cut and information attached to the quotation. 3. Quote on each item separately, Prices should be stated in units specified herein. 4. Each quotation must be in separate sealed envelope with proposal number on outside,and'mu,st be received by County Purchasing Agent, 777 East Rialto Avenue, "'San Bemardino, CA 92415-0760 not later than the hour and day specified hereon, at which time it will be publicly opened and read 5. Time' of delivery is a part of the consideration and must be stated in definite terms, and must be adhered to. If time varies on different items, the vendor shall so state in the column provided, opposite each item. 6. Terms of less than 30 days for cash discount will be considered as net. 7. All quotations must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signatures must be fulfilled 8. Unless otherwise definitely specified, the prices quoted herein do not include California Sales Tax 9. No charge for packing, drayage, or for any other purpose will be allowed over and above the prices quoted on this sheet. 10. The right is reserved, unless otherwise stated, to accept or reject any or all quotations, or any part thereof, either separately or as a whole, or to waive any informality in a proposal 11, The County recognizes that price is only one of several criteria to be used in judging a product or service, and the County is not legally bound to accept the lowest quote 12. Samples of items, when required, must be furnished free of expense to the County; and if not destroyed by tests, will upon request be returned at vendor's expense 13. In case of default by the vendor, the County of San Bernardino may procure the artides or service from other sources and may deduct from unpaid balance due the vendor, or may collect against the bond of surety, or mail bill for excess costs so paid, and the prices paid by the County of San Bernardino shaH be considered the prevailing market prices paid at the time such purchase is made. 14. Cost of transportation, handling, and/or inspection on deliveries, or offers for delivery, which do not meet specifications, will be for the account of the vendor 15. The vendor shall hold the County of San Bernardino, its officers, agents, servants and employees, harmless and defend same from liability of any nature or kind on account of use of any copyright, or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used under this quotation. 16. Neither party win be held liable for failure or delay in fulfillment if hindered or prevented by fire, strikes, or Acts of God. (Force Majeure) 17. Quotations are subject to acceptance at any time within 60 days after opening of same, unless otherwise stipulated. 18. Verify your quotations before submission, as they cannot be withdrawn or corrected after being opened. 19. RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE. If you do not quote, state your reason; otherwise your name may be removed from the mailing list. 20. Accounts paid for transportation of property to the County of San Bernardino are exempt from Federal Transportation Tax_ An exemption certificate is not required where the shipping papers show the consignee as San Bernardino County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. 21. To be considered, each vendor must have an approved Vendor Application on fil.e with the Purchasing Department. Vendors must have registered online through the County Website at htto:/lwww.sbcountv_Qov/ourchasina/ 22, The Vendor agrees to comply with Executive Orders 11246, 11375, 11625, 12138,12432, 12250, Tille VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, Equal Employment Opportunity, San Bernardino County Emerging Small Business Enterprise program, and other applicable Feeleral, State, and County laws, regulations, and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. The articles covered by the quotation must conform with safely orders of OSHA, CALOSHA andlor NIOSHA, and aSH-POD. 23. Assignment of the contract by the vendor \0 other suppliers/contractors must be approved by the Purchasing Agent. 24. Prevailing Wages: Where labor is required for public work as a part of any requirements covered by this request for proposal, pursuant to the provisions of the Labor Code of the State of California, contractor shall pay no less than those minimum wages. 25, Conflict of Interest: Your signature hereon certifies that no County employee, whose position in the County service enables them to influence any award of your offer or any competing offer, shall have any direct or indirect financial interest in any transaction resulting from this request for proposal. 26_ Vendors making delivery or providing services on County premises shall carry liability insurance and Worker's Compensation coverage in accordance with the County's Standard Practice requirements IMPORTANT: Place signed proposal in envelope, seal envelope and show proposal number J-5 on outside, Return proposal to the County Purchasing Agent, 777 East Rialto, Avenue, San Bernardino, CA 92415-0760 PRICES OUOTEO F,O,8, DESTINATION UNLESS OTHERWISE STATED, The following must be filled in by the contractor in submitting his proposal: Date Delivery will be made in from receipt of order unless otherwise noted. Cash Discount Terms days Signed By RFP - Cover Page - 3/05 Company Address City & State Zip Telephone No, 07/18/07-dd County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 2 of 18 A, GENERAL INFORMATION 1.0 SCOPE OF REQUEST: For the delivery of Gasoline and Diesel Fuel, furnished in quantities ordered, at times needed, by the successful vendor, to the County of San Bernardino. B. INSTRUCTIONS TO VENDORS 1.0 PROPOSAL REQUIREMENT: Vendors shall conform to all instructions and conditions as specified in the Request for Proposal. 2.0 PROPOSAL RETURN: All proposals must be sealed and clearly state on the outside of the envelope in the lower left- hand corner "PROPOSAL ENCLOSED, No."J-5" and returned to: County of San Bernardino Purchasing Department 777 E, Rialto Avenue San Bernardino, CA 92415-0760 Attn: Ed Segura, Deputy Purchasing Agent Due on or before: Monday, August 20, 2007 @ 2:00 PM 3.0 DEADLINE: Vendors shall submit Signature Page (Cover Sheet), References (Attachment A), Specification Sheets (Attachment B), and Pricing Schedule (Attachment C) prior to deadline stated above. 4.0 LATE PROPOSALS: Proposals received after the deadline will be marked "LATE" and will receive no further consideration. 5.0 PROPOSAL OPENING: All proposals will be opened and read aloud at the time, date, and place specified above. 6.0 PROPOSAL PREPARATION INSTRUCTIONS: Bids must be typed OR printed legibly in ink. Erasures and "white-out" are not permitted. Mistakes may be crossed out, corrections typed adjacent and initialed in ink by person signing the proposal. Proposals must be verified before submission as they cannot be withdrawn or corrected after being opened. The County will not be responsible for errors or omissions on the part of bidders in making up their proposals. Proposals must be signed by a responsible officer or employee. California State Sales Tax should NOT be included in vendor's proposal. 7.0 PROPOSAL PREPARATION COST: Cost for preparing bid response and any other related material is the responsibility of the vendor and shall not be chargeable in any manner to the County. 8.0 USE OF PROPOSALS RECEIVED: All proposals received shall become the property of the County, County of San Bernardino Purchasinq Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 3 of 18 9.0 ACCEPTANCE OR REJECTION OF PROPOSALS: Proposals shall remain open, valid, and subject to acceptance anytime within sixty (60) days after the proposal opening date and time, unless a longer period of time is mutually agreed to by the parties. The County reserves the right to reject any and all proposals received by reasons of this request, to negotiate separately with any source whatsoever in any manner necessary to serve its interests, The County realizes that conditions other than price are important and may award based on unit prices or on cumuiative totals; whichever method is determined to be in its best interests; may reject any or all proposals, any part of a proposal. or may waive any informality in a proposal. 10.0 PRICE GUARANTEE: Invoicing will be based on the L.A. Spot Market price at the Colton Terminal plus the delivery differential. The delivery differential shall be a fixed price for a period not less then one (1) year. Saturday, Sunday, and Holiday deliveries will use the L.A. Spot Market price from the previous reporting day. The vendor is to offer to the county any and all rebates, allowances or other price reduction incentives being offered to customers of the vendor. including any "pass through" incentives from refineries. For the purposes of locations not outlined in this proposal, prices should be similar to locations (in proximity) quoted. 11.0 PURCHASE ORDER ADDRESS: If purchase orders are to be sent to an address other than that filled in by the vendor on the first page of this proposal, the vendor shall show on the following blank lines the address to which resultant orders from this proposal should be sent: 12.0 REFERENCES: Vendors responding to this RFP must provide a minimum of three (3) references of government agencies or private companies of similar size and scope to whom they have supplied products within the last five (5) years (see Attachment A). County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-S Page 4 of 18 C, STANDARD TERMS AND CONDITIONS 1.0 DELIVERY SERVICE: A. Delivery shall be made to point as specified in the County of San Bernardino and to the department of the County as ordered. B, Delivery shall be inside delivery to the specified inside point as directed by the County. C. Delivery shall be made complete as ordered within the time quoted by vendor from receipt of order. D. One Delivery-One Invoice E. Prompt delivery and efficient service are essential; failure to furnish such delivery and service will constitute a breach of this agreement. F. Vendor must obtain approval, in writing, from County Purchasing prior to utilizing a sub- contractor for small deliveries to outlying areas. Payments to any such sub-contractors used by the Vendor is the Vendor's responsibility. G. See Appendix D for delivery locations. 2,0 VENDORS GUARANTEE: a. In quoting, the vendor guarantees to make delivery of all items quoted, either from his stock, from warehouse stocks, or via manufacturer's shipment. If unavailable from Vendor's stock or if Vendor is unable to secure from warehouse or manufacturer, it shall be the Vendor's responsibility to see that the item is obtained from any other source having the item in stock. b. In case of default by Vendor, the County may procure the item from other sources and will charge contract holder for excess costs so paid and the prices paid by the County shall be considered to be the prevailing market price at the time such purchase is made. c. Vendor's response to this RFP is to be on the basis that all items bid are guaranteed equal in quality and pattern to those specified and that any item purchased as equivalent and found not acceptable to using department may be returned for full credit. d. The Vendor guarantees that the goods supplied under this RFP and any purchase order resulting from award of same will meet all the express warranties and the implied warranties of merchantability and fitness for the intended purpose(s). The Vendor assumes responsibility for damages caused by any defective units supplied and/or for breach of these warranties, including incidental and consequential damages that might arise. 3.0 CONFIDENTIALITY: It is the responsibility of bidders to identify information in their proposals which they consider to be confidential under the California Public Records Act, such as method of manufacture, materials, etc. To the extent that the County agrees with such a designation, such information will be held in strict confidence. All other information shall be considered public. 4.0 DISPUTES RELATING TO PROPOSAL PROCESS AND AWARD: In the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the Director of Purchasing. Vendor may appeal the recommended award or denial of award, provided the following stipulations are met: a. Appeal mustbe in writing. b. Must be submitted within ten (10) calendar days of the date of the recommended award or denial of award letters, County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 5 of 18 An appeal of a denial of award can only be brought on the following grounds: a. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments. b. There has been a violation of confiict of interest as provided by California Government Code Section 87100 et seq. c, A violation of State or Federal law. Appeals will not be accepted for any other reasons than those stated above. All appeals must be sent to: Jim Lindley, Purchasing Director County of San Bernardino Purchasing Department General Services Building 777 E. Rialto Avenue San Bernardino, CA 92415-0760 5.0 IMPROPER CONSIDERATION: Vendor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the award of this proposal. The County, by written notice, may immediately terminate any contract resulting from this proposal process if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process, This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded. Vendor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. 6,0 INACCURACIES OR MISREPRESENTATIONS: If in the course of the RFP process or in the administration of a resulting contract, County determines that Vendor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to County, Vendor may be terminated from the RFP process or in the event a contract has been awarded, the contract may be immediately terminated. 7.0 EMPLOYMENT OF FORMER COUNTY OFFICIALS: Vendors are required to provide information on former County administrative officials (as defined below) who are employed by or represent your business. The information provided must include a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. This list should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this section, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No, J-5 Page 6 of 18 Failure to provide this inforrnation may result in the response to the Request for Proposal being deemed non-responsive. 8.0 DRUG-FREE WORKPLACE: The Vendor certifies that he will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The person's or organization's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and, 4. Penalties that may be imposed upon any employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed or resulting contract: 1. Will receive a copy of the company's drug-free policy statement; and. 2. Will agree to abide by the terms of the company's statement as a condition of employment. 9.0 TERMINATION CLAUSE: a. In the event the County exercises the right to terminate the contract for dissatisfaction, the County will give the Contractor three (3) days written notice of such termination. b. The County and the Vendor each reserve the right to cancel, for any reason, all or portion of the services covered by this contract. To exercise this right, a thirty- (30) day written notice must be given. 10.0 WAIVER OF DEFAULT: Any waiver by County of any breach of anyone or more of the terms of this contract shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term or condition herein. Failure on the part of the County to require exact, full, and complete compliance with any terms of this contract shall not be construed as in any manner changing the terms hereof, or stopping County from enforcement hereof. 11.0 INDEMNIFICATION AND INSURANCE REQUIREMENTS: a. Indemnification The Vendor agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by iaw. b. Insurance Without in any way affecting the indemnity herein provided and in addition thereto, the Vendor shall secure and maintain throughout the Contract the following types of insurance with limits as shown: 1. Workers' Compensation - A program of Workers' Compensation insurance or a State- approved Self-insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract. County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 7 of 18 If Contractor has no ernployees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Worker's Compensation coverage will be waived by the County's Risk Manager. With respect to Vendors that are non-profit corporations organized under California or Federal law, voiunteers for such entities are required to be covered by Worker's Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. 2. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). c. Additional Named Insured All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder, d Waiver of Subrooation Riohts The Vendor shall require the carriers of the above required coverage's to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, vendors, and subcontractor. e. Policies Primarv and Non-Contributorv All policies required above are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County. f. Proof of Coveraoe The Vendor shall immediately furnish certificates of insurance to the County Department administering the Contract evidencing the insurance coverage, including the endorsements above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department. Vendor shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Vendor shall furnish certified copies of the policies and all endorsements. g. Insurance Review The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore, unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized. but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk, any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage. Cbunty of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 8 of 18 12.0 PARTICIPATION: The County desires that Municipalities, School Districts, and other Tax Districts within San Bernardino County requiring like products may at their option and through the County Purchasing Agent avail themselves of the contract resulting from this proposal. Upon notice, in writing, the Vendor agrees to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this bid, with the provision that: a. Such Governmental Body does not have and will not have in force any other contract for like purchases. b. Such Governmental body does not have under consideration for award any other bids or quotations for like purchases. c. Such Governmental body shall make purchases directly through the vendor; make payment directly to the vendor, The County will not be liable for any such purchase made between the vendor and another Governmental body who avails themselves of this contract. 13.0 AWARD: Award of contract mayor may not be on an all or nothing basis or by groups of items, The County reserves the option to make award(s) as it deems to be in the best interest of the County. 14.0 SAMPLES: The County may require that vendors responding to this bid submit samples for the purpose of quality evaluation. Samples are to be identified by the item number in attachment C as requested by the Deputy Purchasing Agent. The vendor will provide these samples at no charae to the County. Samples will not be returned to the Vendor as they will be used during the evaluation process. 15.0 LENGTH OF CONTRACT: The contract awarded shall begin on October 1. 2007 or as soon as thereafter practicable and extend through September 30, 2010. At the end of the contract, the County has the option to extend the contract on a yearly basis until September 30,2012. 16.0 ELECTRONIC FUND TRANSFER PROGRAM: The County of San Bernardino Auditor/Controller-Recorder office prefers direct deposit for vendor payments. Instead of creating a paper check the County will, with the vendor's approval, directly deposit funds to the vendor's checking account via electronic funds transfer (EFT). Details and forms regarding EFT payments will be provided upon award. 17.0 LOCAL PREFERENCE: The County of San Bernardino has adopted a preference for vendors whose principal place of business is located within the boundaries of the County. A five percent (5%) preference may be applied prior to approval of any purchase or acquisition of services, equipment, goods or supplies. For purposes of the application of the local preference policy (County Policy 11-12), "principal place of business" is defined as the vendor's main office (or headquarters) or a major regional office. A "major regional office" is defined as a business location apart from the vendor's main office (or headquarters) which: . Has been issued a business license, if required, and has been established and open for a minimum of six months prior to the date that the approval authority authorizes the circulation of an RFP/RFB/Quote for any contract, agreement, or purchase order to which it responds; and . Can demonstrate on-going business activity in the field of endeavor on which the Vendor is proposing, from that office during the preceding six months; and County of San Bemardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP, No. J-5 Page 9 of 18 . Has a minimum of twenty-five percent (25%) of the vendor's full time management employees and twenty-five percent (25%) of its full time regular employees working from the San Bernardino County location(s). The County's Local Preference Policy means for exampie, if two Vendors are responding to this RFP and if quality, service and ability to meet the County's needs are equal, County staff must determine if one of the Vendors is a local vendor. If one of the Vendors is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other vendor's quoted price or cost, unless it is determined that an exemption applies, staff may recommend the local vendor for the contract award. 18.0 Procurement Card Program: The County participates in the State of California Procurement Card Program known as Cal-card (VISA credit card). Whenever possible, the County prefers to place orders and make payments utilizing procurement cards, Please indicate if your company accepts VISA: YES NO If your company does not accept procurement cards and you are interested in accepting VISA, contact your local bank or financial institution for assistance. County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 10 of 18 ATTACHMENT A- REFERENCES List three (3) government agencies or private sector companies of equal size and scope to whom you have supplied like product(s) within the last five (5) years. Agency Name: Address: Contact Person: Telephone No,: (_) FAX No.: (_) Number of years your company has provided this product to this customer: Agency Name: Address: Contact Person: Telephone No.: <-) FAX No, (_) Number of years your company has provided this product to this customer: Agency Name: Address: Contact Person: Telephone No.: (_) FAX No.: <-) Number of years your company has provided this product to this customer: Submission of this document constitutes permission to the County to check, verify, and have certified all of the information contained herein, !lJ I- Z w :i: :I: U <l: l- I- <l: "' a:> I~ -, - .0 o~ z~ cLQ) u..ro 0::0.. -roai V> ::l g,u.. 0- ~ Q) 0.. 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"5 II 11 II II II II II ;t. "",c ,,'" '" ,~ '" o fr ,m County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP No. J-5 Page 12 of 18 Denatured Ethanol ATTACHMENT C Specification Value Test method Ethanol. vol.%, min. 92.1 ASTM D 5501-94(19981<1 Methanol. vol.%, max. 0,5 Solvent-washed aum. ma/100 5,0 ASTM D 381-00. air iet ml. max, apparatus Water content. vol.%, max. 1 ASTM E 203-96 or E 1 064-00 Denaturant content. vol.%. min. 1,96 vol.% max. 4.76 The only denaturants shall be natural gasoline, gasoline components, or unleaded !lasoline. Inoraanic Chloride content. 40 (32) Modification of ASTM D512- mass ppm (mall), max. 89(1999), Procedure C1 Copoer content maiko max, QJ. Modification of ASTM D1688- 95. Test Method A' Aciditv (as acetic acid) mass % 0,007 (56) ASTM D 1613-96 (1999) (mall) max, pHe 6,5 - 9,0 ASTM D 6423-99 Aopearance Visiblv free of suspended or Determined at indoor ambient preCipitated contaminants (clean temperature unless otherwise and briaht) aareed upon between the supplier and purchaser Note 1: The modification of ASTM D 512, Procedure C consists of usina 5 ml of sample diluted with 20 ml of water in place of the 25 ml sam ole specified in the standard procedure, The water shall meet ASTM D 1193. Tvpe II. The volume of the sample pre oared bv this modification will be sliahtlv laraer than 25 ml. To allow for the dilution factor, report the chloride ion present in the fuel ethanol sam ole as the chloride ion present in the diluted sample multiplied bv five. County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J-5 Page 13 of 18 Fleet Management Department FUEL SITE LOCATION AND EQUIPMENT LIST A TT ACHMENT D LOCA nON FUEL TYPE CAP ACITY /GALLONS BIG BEAR SHERIFF 477 SUMMIT BL VD BIG BEAR 909- 866-0 I 00 LARRY WELSH UST- Joaf Manufacture, Dispensers- Bennett, Twin (single dispenser), Balanced System, Veeder-Root UST Tank Monitoring System UNLEADED - 2 Nozzles DIESEL 10,000 10,000 FONTANA SHERIFF 17780 ARROW BLVD FONTANA PAT SACRLETTA 909- 387-2828 UST- JOOf Manufacture, Dispensers- Bennett, Twin (Single Dispenser), Balanced System, Veeder-Root UST Tank Monitoring System UNLEADED - 2 Nozzles DIESEL 10,000 10,000 GLEN HELEN SHERIFF UNLEADED - 1 Nozzle 3,000 18000 WEST INSTUTION ROAD DEVORE AGST _ Trusco Manufacture, Dispenser- Fill-rite (Single Hose), Balanced System MORONGO SHERIFF 6527 WHITE FEATHER RD. JOSHUA TREE 760-366,4175 GUY REEVES UST- JOOf Manufacture, Dispensers- Bennett Twin, (Single Dispenser), Balanced System, Veeder-Root UST Tank Monitoring System UNLEADED - 2 Nozzles DIESEL 20,000 10,000 TWIN PEAKS SHERIFF 26010 HWY 189 Twin Peaks 336-0600 BILL STUBBS AGST- Conyault, Dispensers- Fill-rite UNLEADED - I Nozzle UNLEADED - I Nozzle DIESEL 3,000 - Tank I 3,000 - Tank 2 3,000 - Tank 3 (Two, Single Hose), Balanced System APPLE V ALLEY RD, YD, UNLEADED - 1 Nozzle 6,000 1923 JOSHUA RD. DIESEL 6,000 Apple Valley 760-247,8208 AGST- Truseo, Dispensers- Fill-rite (Single Hose), Balanced System County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel LOCATION FUEL TYPE UNLEADED - 1 Nozzle DIESEL BALDY MESA RD. YD. 12397 SYCAMORE ST. Victorville 760-949-0335 AGST- Trusco, Dispensers- Fill-rite (Single Hose), Balanced System UNLEADED - 2 Nozzles DIESEL RFP. No. J-5 Page 14 of 18 CAPACITY/GALLONS 10,000 10,000 12,000 12,000 BARSTOW RD. YD. 29802 HIGHWAY 58 Barstow 760-256,3631 UST. JOOT, Dispensers - Dresser-Wayne Twin (Single Dispenser) Balanced System, Leak Alert UST Tank Monitoring System UNLEADED - I Nozzle DIESEL CHINO RD. YD. 7000 MERRILL AVE Chino, 597-6270 UST- Convault, Dispenser, Fill-Rite (Single Hose), Balanced System UNLEADED - I Nozzle DIESEL CRESTLINE RD. YO, 23188 Crest Forest Drive Crestline 338-2140 AGST-Trusco, Dispenser- Fill-Rite (Single Hose), Balanced System 3,000 6,000 10,000 10,000 RUNNING SPRING RD. YD. DIESEL 1,500 1920 WILDERNESS RD. Running Springs 867,3683 AGST- Trusco, Dispenser_ Fill-Rite (Single Hose), Two Dispensers, Balanced System SAN BERNARDINO MAIN YARD PREMIUM - 2 Nozzles 20,000 210 LENA ROAD UNLEADED - 2 Nozzles 20,000 San Bernardino UNLEADED - 2 Nozzles 10,000 387-2828 DIESEL 10,000 UST- Joar, dispensers- Dresser Wayne & Bennett Twins (Six Dispensers), Balanced System, Veeder-Root UST Tank Monitoring System BIG BEAR ROAD YARD DIESEL N/O HWY 38 and STANFIELD CUTTOFF BIG BEAR LAKE 866-2167 AGST- Trusco, dispenser- Fill-Rite (Single Hose), Balanced System UNLEADED - 2 Nozzles DIESEL 6,000 12,000 12,000 29 PALMS SERVICE CENTER 73663 MANANA DRIVE TWENTY NINE PALMS 760-367-9885 UST- Joar, Dispensers- Dresser! Wayne, One Twin Dispenser, Balanced System, Veeder-Root UST Tank Monitoring System County of San Bernardino Purchasing Department LOCATION 2010-259 Request for Pi'oposaf Gas and Diesel Fuel RFP. No. J-5 Page 15 of 18 FUEL TYPE CAPACITY/GALLONS UNLEADED - I Nozzle DIESEL 10,000 10,000 NEEDLES SERVICE CENTER 5 AIRPORT ROAD NEEDLES 760/326-4117 AGST- Trusco, Dispensers- Fill-Rite (Single Hose), Balanced System PREMIUM - 2 Nozzles UNLEADED - 2 Nozzles DIESEL 12,000 20,000 12,000 WEST V ALLEY SER VICE CENTER 12672 4 TH. STREET RANCHO CUCMONGA 909- 463-5127 UST - Joer, Dispensers- Bennett, Twin (Two Dispensers) Balanced System, Veeder-Root UST Tank Monitoring System PREMIUM - I Nozzle UNLEADED - 2 Nozzles DIESEL 7,500 10,000 7,500 BARSTOW SERVICE CENTER 1140 WEST MAIN STREET BARSTOW 760/256-5895 UST- unknown manufacture, Dispensers- Gilbarco, (One Twin & One Single Dispenser), Balanced System, Veeder-Root UST Tank Monitoring System CALICO GHOST TOWN UNLEADED - I Nozzle 500 INTERSTATE 15/ GHOST TOWN ROAD YERMO 760/254-2122 AGST- Convault, Dispenser- Fill,Rite (Single Hose), Balanced System GLEN HELEN REGIONAL PARK UNLEADED - I Nozzle 500 2555 GLEN HELEN PARKWA Y DIESEL 500 SAN BERNARDINO 909- 880-2522 AGST - Trusco, Dispenser- Fill-rite, (Single Hose), Balanced System MOABI REGIONAL PARK UNLEADED-I Nozzle 1,000 INTERSTATE 15/ DIESEL 1,000 PARK MOABI ROAD NEEDLES 760/326-3831 AGST- Convault, Dispenser- Fill-Rite, (Single Hose), Balanced System PRADO REGIONAL PARK UNLEADED - I Nozzle 1,500 16700 SOUTH EUCLID A VE. DIESEL 1,500 CHINO 909,597-4260 AGST- Hoover, Dispenser- Fill-Rite, (Single Hose), Balanced System 2010-259 Cbunty of San Bernardino Purchasing Department Request for Proposal RFP. No. J-5 Gas and Diesel Fuel Page 16 of 18 LOCATION FUEL TYPE CAPACITY/GALLONS YUCAIPA REGIONAL PARK UNLEADED - 1 Nozzle 500 33900 OAK GLEN ROAD DIESEL 500 YUCAIPA 909-790,3127 AGST - Trusco, Dispenser- Fill-Rite, (Single Hose), Balanced System TRONA ROAD YARD DIESEL 80311 TRONA ROAD TRONA, CA. 93562 AGST - Goodspeed, Gravity Feed (no pump) 1,000 County of San Bernardino Purchasing Department LOCATION BIG BEAR SHERIFF 477 SUMMIT BLVD BIG BEAR FONTANA SHERIFF 17780 ARROW BLVD FONTANA GLEN HELEN SHERIFF 18000 WEST INSTUTION ROAD DEVORE MORONGO SHERIFF 6527 WHITE FEATHER RD JOSHUA TREE TWIN PEAKS SHERIFF 26010 HWY 189 Twin Peaks APPLE VALLEY RD. YD 1923 JOSHUA RD, Apple Valley BALDY MESA RD, YD. 12397 SYCAMORE S1. Victorville BARSTOW RD YO, 29802 HIGHWAY 58 Barstow CHINO RD, YD. 7000 MERRILL AVE Chino, CRESTlINE RD, YO, 23188 Crest Forest Drive Crestline RUNNING SPRING RD. YD, 1920 WILDERNESS RD, Running Springs SAN BERNARDINO MAIN YARD 210 LENA ROAD San Bernardino 2 Nozzles BIG BEAR ROAD YARD N/O HWY 38 and STANFIELD CUTTOFF BIG BEAR LAKE 2010-259 Request for Proposal Gas and Diesel Fuel ESTIMATED CONSUMPTION EST. ANNUAL Usal!e (Gallons) 144.845,0 85,961.0 7,227,0 203,050,5 152,7600 44,364,0 80,652.0 39,078,0 41.902.0 50670,5 2,690.5 1,499,171,5 16,476.0 RFP. No, J-5 Page 17 of 18 ATTACHMENT E DELIVERY DIFFERENTIAL COST PER GALLON ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ County of San Bernardino Purchasin~ Department LOCATION 29 PALMS SERVICE CENTER 73663 MANANA DRIVE TWENTY NINE PALMS NEEDLES SERVICE CENTER 5 AIRPORT ROAD NEEDLES WEST VALLEY SERVICE CENTER 12672 4 TH. STREET RANCHO CUCMONGA BARSTOW SERVICE CENTER 1140 WEST MAIN STREET BARSTOW CALICO GHOST TOWN INTERSTATE 15/ GHOST TOWN ROAD YERMO GLEN HELEN REGIONAL PARK 2555 GLEN HELEN PARKWAY SAN BERNARDINO MOABI REGIONAL PARK INTERSTATE 15/ PARK MOABI ROAD NEEDLES PRADO REGIONAL PARK 16700 SOUTH EUCLID AVE, CHINO YUCAIPA REGIONAL PARK 33900 OAK GLEN ROAD YUCAIPA TRONA ROAD YARD 80311 TRONA ROAD TRONA, CA, 93562 Estimated Total Gallons 2010-259 Request for Proposal Gas and Diesel Fuel ESTIMATED CONSUMPTION EST. ANNUAL USAGE (GALLONS) 69,418,0 68,6040 291,075.5 98,742,0 3,162,0 9,288.0 3,750.0 4,015,0 4,077,0 4,198,5 2,583,323.5 Discount OFF L.A. Spot Daily Average, CARB DIESEL Discount OFF L.A. Spot Daily Average, UNLEADED REGULAR Discount OFF LA Spot Daily Average, UNLEADED PREMIUM RFP. No. J-5 Page 18 of 18 DELIVERY DIFFERENTIAL COST PER GALLON if- if- if- if- if- if- if- if- if- if- total % % % 777 East Rialto Avenue . San Bernardino, CA 92415-0760 . (909) 387-2060 Fax (909) 387-2666 2010:'259 ". ' - Attachment "2" PURCHASING DEPARTMENT COUNTY OF SAN BERNARDINO JIM LINDLEY Director October 5, 2007 POMA Distributing Company P.O. Box 471 Bloomington, CA 92316 Attn.: Wayne Rogge RE: RFP J-5, "Gasoline and Diesel Fuel Congratulations! This letter is to advise you that after a competitive evaluation of the bids, your company has been awarded the contract for gasoline and diesel fuel for the County of San Bernardino. The new contract shall begin October 5, 2007 and extend through August 31, 2010. All pricing shall be per your proposal response. If you have any questions regarding this award, please do not hesitate to contact me at (909) 387- 2487. If you desire a recap of this bid, please e-mail your request to eseg,L[a@pur.sbcounty.gov. ~ Ed Segura Deputy Purchasing Age County of San Bernardino Cc. File Jim Lindley, Director - Purchasing Jim Friedrichsen - Fleet Management Fuel Superintendent REQUEST FOR PROPOSAL C;:OUNTY OF SAN BERNAROINO PURCHASING DEPARTMENT Materials and/or Services: Gas & Diesel Fuel To Be Delivered To: Various Locations 2010-259 Date: 7/17/07 Proposal No. J-5 Page No. t of 18 Pages Submit each individual proposal in separate sealed envelope with proposal number marked on outside to: County Purchasing Agent 777 East Rlalto Avenue San Bernardino. CA 92415-0160 Monday, August 20,2007,2:00 PM BEFORE: For further information. call: Ed Segura Deputy Purchasing Agent (909) 387-2487 INSTRUCTIONS AND CONDITIONS 1. All prices and notations must be lypewrltten or printed in ink. No erasures pennitted. Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by person signing Quotation. 2. State brand, or make, on each item. If quoting an article exactly as specified. the words .or equar must be stricken out by the vendor. If quoting on other than make, model (l{ brand specified, the manufacture(s name and the catalog number must be given. or descriptive cut and informatlOfl attached to the quotation. 3. Quote 00 each item separately. Prices should be stated in units specified herein. 4. Each quotation must be in separate sealed envelope with proposal number on outside, and must be received by County Purchasing Agent, 7n East Rlalto Avenue, San Bernardino, CA 92415-0760 not later than the hour and day specified hereon, at which time it will be publicly opened and read. 5. Time of delivery is a part of the consideratlOfl and must be stated in definite tenns, and must be adhered to. If time varies 00 different items, the vendor shall so state in the column provided, opposite each item. 6. Terms of less than 30 days for cash discount will be considered as net. 7. All quotations must be signed with the finn's name and by a respoosible offICer or employee. ObJigatioos assumed by such signatures must be fulfilled. 8. Unless otherwise definitely specified. the prices quoted herein do not inclucle California Sales Tax. 9. No charge for packing, drayage, or for any other purpose will be allowed over and above the prices quoted on this sheet. 10. The right is reserved, unless otherwise stated, to accept or reject any or all quotations, or any part thereof, either separately or as a whole, or to waive any informality in a proposal. 11. The County recognizes that price is only one of several criteria to be used in judging a product or service, and the County is not legally bound to accept the lowest quote. 12. Samples of items, when required, must be fumished free of expense to the County; and if not destroyed by tests, will upon request be returned at vendor's expense. 13. In case of default by the vendor, the County of San Bernardino may procure the articles or service from other sources and may deduct from unpaid balance due the vendor, or may collect against the bond of surety, or mail bill for excess costs so paid, and the prices paid by the County of San Bernardino shal be considered the prevailing market prices paid at the time such purchase is made. 14. Cost of transportation, handling, and/or inspection on deliveries, or offers for delivery, which do not meet specifications. will be for the account of the vendor. 15. The vendorshaU hold the County of San Bernardino, its officers. agents, servants and employees. hannless and defend same from liability of any nature or kind on account of use of any copyright, 0( uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used under this quotation. 16. Neither party wiU be held Hable for failure or delay In fulfillment if hindered or prevented by fire, strikes, or Acts of God. (Force Majeure) 17. Quotations are subject to acceptance at any time within 60 days after opening of same. unless othelWise stipulated. 18. Verify your quotations before submission, as they cannot be withdrawn or corrected after being opened. 19. RETURN THIS SHEET WHETHER OR NOT YOU aUOTE A PRICE. If you do not quote, state your reason; othelWise your name may be removed from the mailing list 20. Accounts paid for transportation of property to the County'of San Bernardino are exempt from Federal Transportatioo Tax. An exemption certificate is not required v.flere the shipping papers show the consignee as San Bemardino County, as such papers may be accepted by the carrier as proof of the exempt character of the shipment. 21. To be considered, each vendor must have an approved Vendor Application on file Mth the Purchasing Department Vendors must have registered online through the County Webslte at httRJ1mr<<,atl~Jm~,gQY'gJJn<ha.s.iool . 22. The Vendor agrees to comply with Executive Orders 11246. 11375, 11625, 12138, 12432, 12250, Tide VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, Equal Employment Opportunity. San Bernardino County Emerging Small Business Enterprise program, and other applicable Federal, State, and County laws, regulations. and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. The artides covered by the quotation must conform with safety orders of OSHA, CALOSHA and/or NIOSHA, and QSH-POD. 23. Assignment of the contract by the vendor to other suppliers/cootractors must be approved by the Purchasing Agent 24. Prevailing Wages: Where labor Is required for public work as a part of any requirements covered by this request for proposal, pursuant to the provisions of the Labor Code of the State of California, contractor shall pay no less than those minimum wages. 25. Conflict of Interest Your signature hereon certifies that no County employee, whose position in the County service enables them to influence any award of your offer or any competing offer. shall have any direct or indirect financial interest in any transaction resulting from this request for proposal. 26. Vendors making delivery Of providing services on County premises shall carry liability insurance and Worker's Compensation coverage in accordance with the County's Standard Practice requirements. IMPORTANT: Place signed proposal in envelope, seal envelope and show proposal number J-5 on outside. Return proposal to the County Purchasing Agent. 777 East Rialto Avenue, San Bernardino, CA 92415-0760 PRICES QUOTEO F.O.B. DESTINATION UNLESS OTHERWISE STATEO, lied in by the contractor in submltting his proposal: o 1 Company -pOIYlr.t. J:) l~ibtLI'1 Y3 Oelivery will be made in '-z..... "lL L2S.J' ddress 51/ I D. S I OVeR.. from receipt of order unless otherwis'e noted. Cash DiscounWms Signed By The following ~st be Date <( p... 't) RFP - Cover Page - 3105 o BoCJ Avenue Zip 9231ctl g 77 - 582.3 07/18/07-dd 8 County of San Bernardino Purchasing Department Request for Proposal Gas and Diesel Fuel 2010-259 RFP. No. J- Page 10 of 1 ATTACHMENT A. REFERENCE: List three (3) government agencies or private sector companies of equal size and scope to whom you have supplied like product(s) within the last five (5) years. Agency Name: C lX..ln.,~ _ n{' &.n Bernc.t.rcLl nO Address: 2-10 i\J. lanD-.. rz fY.v:1 Contact person:Ji IY1 F r c:d.R \ ch<2.e~ Telephone No.: 9.cBJo~f)-7855 FAX No.: ~) 3'67-'/(00/ Number of years your company has provided this product to this customer:~ Agency Name: C it~ tf SGm 5er~l.I'dll\O (, C-enfu:\L 6aR(~ Address: I gl SO. SIe.e.1Ct:u LU~ Contact Person: ..fubhf I .e.e... Telephone No.: 8eA )39'-f-52.W FAX No.: t!oq ) 3~L~-501.3 Number of years your company has provided this product to this customer: \Y tal lro~rUCC .s Tee.LI:ndus..+l2i e~ Agency Name: Address: i 4000 ~Cln iY-xTuvd I "'() Avenue} Contact Person: .3 () ~ i 'k.t-JJ<,.I'N Telephone No.: (C\.oq) :35D-~045 FAXNo.:~) 350--5'7Zg Number of 'years your company has provided this product to this customer: 5 Submission of this document constitutes permission to the County to check, verify, and have certified all of the information contained herein, County of San Bernardino Purchasing Department Request for Proposal Gas and Diesel Fuel 2010-259 RFP. No. J-! Page 3 of 11 9,0 ACCEPTANCE OR REJECTION OF PROPOSALS: Proposals shall remain open, valid, and subject to acceptance anytime within sixty (60) day' after the proposal opening date and time, unless a longer period of time is mutually agreed to b' the parties. The County reserves the right to reject any and all proposals received by reasons of thi, request, to negotiate separately with any source whatsoever in any manner necessary to serv~ its interests. The County realizes that conditions other than price are important and may award based on uni prices or on cumulative totals; whichever method is determined to be in its best interests; mal reject any or all proposals, any part of a proposal, or may waive any informality in a proposal. 10.0 PRICE GUARANTEE: Invoicing will be based on the LA Spot Market price at the Colton Terminal plus the delivery differential. The delivery differential shall be a fixed price for a period not less then one (1) year, Saturday, Sunday, and Holiday deliveries will use the L.A. Spot Market price from the previous reporting day. The vendor is to offer to the county any and all rebates, allowances or other price reduction incentives being offered to customers of the vendor, including any "pass through' incentives from refineries. For the purposes of locations not outlined in this proposal, prices should be similar to locations (in proximity) quoted. 11.0 PURCHASE ORDER ADDRESS: If purchase orders are to be sent to an address other than that filled in by the vendor on the first page of this proposal, the vendor shall show on the following blank lines the address to which resultant orders from this proposal should be sent: f. 0 . I?x:>x 411 B~fca. qZol6J 12,0 REFERENCES: Vendors responding to this RFP must provide a minimum of three (3) references of government agencies or private companies of similar size and scope to whom they have supplied products within the last five (5) years (see Attachment A). County of San Bernardino Purchasing Department Request for Proposal Gas and Diesel Fuel 2010-259 RFP. No. J- Page 9 of 1 . Has a mlmmum of twenty-five percent (25%) of the vendor's full time manage mer employees and twenty-five percent (25%) of its full time regular employees working fror the San Bernardino County location(s). The County's Local Preference Policy means for example, if two Vendors are responding to thi RFP and if quality, service and ability to meet the County's needs are equal, County staff mu~ determine if one of the Vendors is a local vendor. If one of the Vendors is a local vendor, an. its quoted price or cost for services, equipment. goods or supplies does not exceed five percer (5%) of the other vendor's quoted price or cost, unless it is determined that an exemptio applies, staff may recommend the local vendor for the contract award. 18.0 Procurement Card Program: The County participates in the State of California Procurement Can Program known as Cal-card (VISA credit card). Whenever possible, the County prefers to placl orders and make payments utilizing procuremen~s. Please indicate if your company accept: VISA: YES NO If your company does not accept procurement cards and you are interested in accepting VISA contact your local bank or financial institution for assistance. 2010-259 ! KINDERI'49.~9.!~ SPECIF[CA TIONS FOR ULTRA LOW SULFUR CARE DIESEL FUEL Product Code 80 (1) (2)(3) (4) Specification Points ASTM Method Shipments Min. Max. Gravity, deg. API D-287 30.0 Flash point, deg. F. D-93 125 Sulfur, max ppm (2) D-5453, D-7039 8.0 (2) Aromatic vo[ %, Max D-5186-96(3) 10.0 35.0 (4) Color D-1500 4.0 Cetane Number D-6[3 40.0 OR Cetane Index D-976 40.0 Haze Rating/Workmanship D-4 [76 2.0 Cloud Point deg. F. D-2500 ASTM(4) Pour point deg. F. D-97 ASTM(4) Distillation D-86 540 640 90% Recovered deg. F. (I) [n addition to above KMEP specifications, product must meet ASTM D-975 latest revision, with exception to lubricity requirement; this product may require treatment with a lubricity improver in order to be fully compliant with the latest revision of ASTM D-975 prior to terminal distribution. (2) At pipeline input; terminal delivery/distribution not to exceed 15 ppm. (3) California Air Resources Board. (4) Maximum allowable fungible specification. All Refinery production having greater than 10 Vo[% Aromatics must have been produced within the restrictions of a CARE Executive Order. [ 2/20/06 Sec6.3.doc Section 6.3 Page 10 2010-259 KINDER*",9.?tqA~ SPEClFICA TIONS FOR UNLEAOEO REGULAR GASOLINE Product Codes J1 Thru J4 and J6 (1) (2) (3) Specification Points ASTM Method Refinery Shioments Octane (R+M)/2 0-2699 0-2700 87.0 Reid Vapor Pressure ps i max 0-4953,0-5191 Grabner EP A (1) Oistillation, deg. F. 0-86 End Point Max. 437 Workmanship Clear and Bright Lead, Max. gmlgal. 0-3237 0.030 Sulfur, ppm max 0-4294,0-2622,0-5453 80 Phosphorus 0-3231 0.005 Max. gmlgal. (I) Jl = 9.00 RVP, J2 = 11.50, 13 = 13.50, J4 = 15.00, J6 = 7.80 (2) In addition 'to the above KMEP specifications, product must meet latest revision of ASTM 0-4814. (3) Maximum oxygen content is 0.05 weight %. 12120106 Sec6-2.doc Section 6.2 Page 9 County of San Bernardino Purchasing Department LOCATION BIG BEAR SHERIFF 477 SUMMIT BLVD BIG BEAR FONTANA SHERIFF 17780 ARROW BLVD FONTANA GLEN HELEN SHERIFF 18000 WEST INSTUTION ROAD DEVORE MORON GO SHERIFF 6527 WHITE FEATHER RD. JOSHUA TREE TWIN PEAKS SHERIFF 26010 HWY 189 Twin Peaks APPLE VALLEY RD. YD. 1923 JOSHUA RD. Apple Valley BALDY MESA RD. YD. 12397 SYCAMORE ST. Victorville BARSTOW RD. YD. 29802 HIGHWAY 58 Barstow CHINO RD. YD. 7000 MERRILL AVE Chino, CRESTLlNE RD. YD. 23188 Crest Forest Drive Crestline RUNNING SPRING RD. YD. 1920 WILDERNESS RD. Running Springs SAN BERNARDINO MAIN YARD 210 LENA ROAD San Bernardino 2 Nozzles BIG BEAR ROAD YARD N/O HWY 38 and STANFIELD CUTTOFF BIG BEAR LAKE 2010-259 Request for Proposal Gas and Diesel Fuel ESTIMATED CONSUMPTION EST. ANNUAL Usal!e (Gallons) 144.845.0 85,961.0 7.227.0 203.050.5 152,760.0 44,364.0 80.652.0 39,078.0 41,902.0 50670.5 2,690.5 1,499,171.5 16,476.0 RFP. No. J- Page 17 of 1 ATTACHMENT I DELIVERY DIFFERENTIAL COST PER GALLON ~.(Y:,~1o ~ ,O2-1..-~ ~ ,0 r- ~ .0'1 q~ ~ 03n.... ~.03.r- ~ ,63\ ~ .6'1... ~,D3~fo ~ ,0 3i1- ~ .11 ~ . () 1..-1..'-1 ~ ,() L(ilia County of San Bernardino Purchasing Department 2010-259 Request for Proposal Gas and Diesel Fuel RFP. No. J- Page 18 of 1 LOCATION ESTIMATED' CONSUMPTION EST. ANNUAL DELIVERY DIFFERENTIAL USAGE (GALLONS) COST PER GALLON 29 PALMS SERVICE CENTER 73663 MANANA DRIVE TWENTY NINE PALMS 69,418.0 If. .64~?> NEEDLES SERVICE CENTER 5 AIRPORT ROAD NEEDLES 68,604.0 If. . t L.. WEST VALLEY SERVICE CENTER 126724 TH. STREET RANCHO CUCMONGA 291.075.5 If. ,(> 7..:2-4 BARSTOW SERVICE CENTER 1140 WEST MAIN STREET BARSTOW 98,742.0 If. ,() 1..- CALICO GHOST TOWN INTERSTATE 15/ GHOST TOWN ROAD YERMO 3.162.0 If. ,UllS- GLEN HELEN REGIONAL PARK 2555 GLEN HELEN PARKWAY SAN BERNARDINO 9,288.0 If. ,ID MOABI REGIONAL PARK INTERSTATE 15/ PARK MOABI ROAD NEEDLES 3.750.0 If. ' yo, PRADO REGIONAL PARK 16700 SOUTH EUCLID AVE. CHINO 4.0l5.0 If. .\l.. YUCAIPA REGIONAL PARK 33900 OAK GLEN ROAD YUCAIPA 4,077 .0 If. ' \1....- TRONA ROAD YARD 80311 TRONA ROAD TRONA, CA. 93562 4,198.5 If. ,'Ul1 r- Estimated Total Gallons 2,583,323.5 total Discount OFF L.A. Spot Daily Average, CARB DIESEL - ,OCl.r 0;( ere, Discount OFF L.A. Spot Daily Average, UNLEADED REGULAR -, 00'/...1 t: (, P6 Discount OFF L.A. Spot Daily Average, UNLEADED PREMIUM -1-',0 i fa c... p (, 2010-259 Attachment "3" Effective April 2010 County of San Bernardino Fleet Management Department Gas & Diesel Fuel Cost Per Gallon Delivery Differential Location Cost (in cents) Barstow Road Yard .0200 Barstow Service Center .0200 Fontana Sheriff .0224 San Bernardino Main Yard .0224 West Vallev Service Center .0224 Baldy Mesa Road Yard .0310 Crestline Road Yard .0312 Twin Peaks Sheriff .0332 Apple Valley Road Yard .0350 Big Bear .0386 Chino Road Yard .0386 Big Bear Road Yard .0486 Morongo Sheriff ,0493 29 Palms Service Center .0493 Glen Helen Sheriff .0500 Glen Helen Regional Park .1000 Needles Serice Center ,1200 Prado Regional Park .1200 Yucaipa Reaional Park ,1200 Running Springs Road Yard .1500 Calico Ghost Town .2075 Trona Road Yard .2075 Moabi Regional park .4900 Cost per Gallon Discount OFF L.A, Spot Daily Average for (cents) Carb Diesel -.0050 Unleaded - Regular -,0029 Unleaded - Premium +.0100 Cost per Gallon New Delivery Differentials (cents) 1 - 999 Gallons .2075 1,000 - 2,499 Gallons .1775 2,500 - 4,499 Gallons ,1475