HomeMy WebLinkAbout2010-259
RESOLUTION NO. 2010-259
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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.
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9 County of San Bernardino for the purchase of gasoline and diesel fuel; and,
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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
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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
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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.
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SECTION 4. The authorization to execute the above referenced Purchase
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Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
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days of the passage of this resolution.
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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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a ioint regular
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9 meeting thereof, held on the
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2nd
August
, 2010, by the
day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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12 MARQUEZ
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DESJARDINS
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MCCAMMACK
~~,h.~
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Rachel G. Clark, City Clerk
.3uZ
day of
The foregoing resolution is hereby approved this
August ,2010.
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~~~
tri J. Mor~or
City of San Bernardino
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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
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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
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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.
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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:
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Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
7 TO THE VENDOR:
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Poma Distributing Company
P.O. Box 471
Bloomington, CA 92316
Telephone: (909) 877-5823
Contact: Wayne Rogge
9. ATTORNEYS' FEES.
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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
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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.
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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.
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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:
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Dated~,2010
Approved as to Form:
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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,
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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