HomeMy WebLinkAbout20-Public Works ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Works — Fleet Division Bernardino authorizing the execution of
an agreement and issuance of a
Date June 15, 2011 purchase order in the amount of
$2,000,000 to Poma Distributing of
Bloomington pursuant to Section
3.04.010-133 of the Municipal Code for
the purchase of gasoline and diesel fuel
with three single year renewal options in
participation with a contract between
Poma Distributing and the County of
San Bernardino.
Meeting Date: June 20, 2011
Synopsis of Previous Council Action
Reso 2004-53 2/17/2004 Approved participation with County and Poma
Reso 2010-259 8/2/2010 Approved participation with County and Poma
Recommended Motion:
Adopt Resolution.
Si nature
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution, Agreement and Ward:All
Attachments
FUNDING REQUIREMENTS:
Amount: $2,000,000
Source: FY 11-12
Account Number
635-400-5113-0000-0100
(Motor Fuel & Lubricants)
Finance:
E �
�c Agenda Item No. A+20
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement and issuance of an annual purchase order in the amount of
$2,000,000 to Poma Distributing of Bloomington pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of gasoline and diesel fuel with three single year renewal
options in participation with a contract between Poma Distributing and the County of San
Bernardino.
Background:
On March 7, 2011, the County of San Bernardino and Poma Distributing entered into a
contract for the purchase of gasoline and diesel fuel. The County's Request for Proposal
N-38 included the following participation clause:
"The COUNTY desires that Municipalities, School Districts, and other Tax Exempt 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 and 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." (see attachment 1, Contract Requirements Section 16.0)"
The Award letter and vendor bid recap is included for your review (see attachments 2 & 3).
The term of the County contract is from 3/7/2011 through 2/28/2014. At the end of the
contract the County has the option to extend the contract on a yearly basis through
10/30/2016. Fleet staff is requesting an annual purchase order be issued to Poma
Distributing in the amount of $2,000,000 pursuant to Section 3.04.010-B3 of the Municipal
Code for the purchase of gasoline and diesel fuel for FY 2011-12 with three single year
renewal options. At such time that the County decides to re-bid this contract, Fleet staff will
return to the Mayor and Common Council for approval of a new contract and agreement.
The City Fleet Management Division has entered into this type of cooperative purchase
agreement with the County of San Bernardino since 2004 with excellent results.
Financial Impact:
Funds for the purchase are appropriated in the Public Works, Fleet Management Division,
FY 2011-12 budget account for motor fuel and lubricants (no. 635-400-5113-0000-0100).
Account Number: 635-400-5113-0000-0100 Budgeted Amount: $2,567,000
Balance as of July 1, 2011: $2,567,000 Balance after approval of this item: $567,000
1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
2
CITY OF SAN BERNARDINO Nadeem Majaj P.E.-DIRECTOR
PUBLIC WORKS DEPARTMENT 300 North "D"Street
San Bernardino,CA 92418-0001
909.384.5140
San Bernar lino
Date: June 15, 2011
To: Charles McNeely, City Manager
From: Nadeem Majaj, Director of Public Works
Subject: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(B) (3) and Section 3.04.075 of the City's Municipal
Code (Purchases approved by the Mayor and Common Council and
emergency purchases approved by the City Manager). DDL Number 82.
Poma Distributing was selected as a Sole Source for the following reasons:
1. Poma Distributing is the same vendor that has supplied the City of San Bernardino
Gasoline and Diesel Fuel since 2004 under a purchase agreement with the County
of San Bernardino.
2. The County of San Bernardino Vehicle Services Department currently has a multi-
year contract with Poma Distributing of Bloomington for the purchase of Gasoline
and Diesel Fuel that includes a participation clause that allows Municipalities to avail
themselves of the contract through the County for better pricing.
3. This contract was competitively bid with seven vendors responding and was awarded
to Poma Distributing on March 7, 2011.
A Request for Council Action entitled, "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 $2,000,000 to Poma Distributing of Bloomington
pursuant to Section 3.04.010-133 of the Municipal Code for the purchase of gasoline and
diesel fuel with three single year renewal options in participation v G ..� G ,�j
Poma Distributing and the County of San Bernardino" has been st O '�
the June 20, 2011 agenda calendar for review and approval. If y( ®RIGINAL
2E:F roval line below.
�D — \
Director o f Public Works Approved By:
4Charl MINE "`-�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Works — Fleet Division Bernardino authorizing the execution of
an agreement and issuance of a
Date May 31, 2011 purchase order in the amount of
$1,480,000 to Poma Distributing of
Bloomington pursuant to Section
3.04.010-B3 of the Municipal Code for
the purchase of gasoline and diesel fuel
with three single year renewal options in
participation with a contract between
Poma Distributing nd the Count of
g Y
San Bernardino.
Meeting Date: June 20, 2011
Synopsis of Previous Council Action
Reso 2004-53 2/17/2004 Approved participation with County and Poma
Reso 2010-259 8/2/2010 Approved participation with County and Poma
Recommended Motion:
Adopt Resolution.
I
Signature
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution, Agreement and Ward:All
Attachments
FUNDING REQUIREMENTS:
Amount: $1,480,000
Source: FY 11-12
Account Number
635-400-5113-0000-0100
(Motor Fuel & Lubricants)
Finance:
Council Notes:
Agenda Item No.
60 -c7no err
I
't
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
i Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement and issuance of an annual purchase order in the amount of
$1,480,000 to Poma Distributing of Bloomington pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of gasoline and diesel fuel with three single year renewal
options in participation with a contract between Poma Distributing and the County of San
Bernardino.
Background:
On March 7, 2011, the County of San Bernardino and Poma Distributing entered into a
contract for the purchase of gasoline and diesel fuel. The County's Request for Proposal
N-38 included the following participation clause:
"The COUNTY desires that Municipalities, School Districts, and other Tax Exempt 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
a
or quotations for like purchases.
(c) Such Governmental body shall make purchases directly through the vendor and make
`i 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." (see attachment 1, Contract Requirements Section 16.0)"
The Award letter and vendor bid recap is included for your review (see attachments 2 & 3).
The term of the County contract is from 3/7/2011 through 2/28/2014. At the end of the
contract the County has the option to extend the contract on a yearly basis through
I 10/30/2016. Fleet staff is requesting an annual purchase order be issued to Poma
{ Distributing in the amount of $1,480,000 pursuant to Section 3.04.010-B3 of the Municipal
Code for the purchase of gasoline and diesel fuel for FY 2011-12 with three single year
renewal options. At such time that the County decides to re-bid this contract, Fleet staff will
return to the Mayor and Common Council for approval of a new contract and agreement.
The City Fleet Management Division has entered into this type of cooperative purchase
agreement with the County of San Bernardino since 2004 with excellent results.
Financial Impact:
i
Funds for the purchase are appropriated in the Public Works, Fleet Management Division,
FY 2011-12 budget account for motor fuel and lubricants (no. 635-400-5113-0000-0100).
Account Number: 635-400-5113-0000-0100 Budgeted Amount: $2,567,000
Balance as of July 1, 2011: $2,567,000 Balance after approval of this item: $1,087,000
1
:i
'a
1
i
REQUEST FOR CITY OF SAN BERNARDINO - COUNCIL ACTION
Staff Report- Continued
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
0 .
2
CITY OF SAN BERNARDINO Nadeem Majaj P.E.—DI7tEC7
2- 24
PUBLIC WORKS DEPARTMENT 300 North `D"Str
° San Bernardino,CA 92418A
909.384.5:
San Bernar Ino
Date: May 31, 2011
To: Charles McNeely, City Manager
From: Nadeem Majaj, Director of Public Works
Subject: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(B) (3) and Section 3.04.075 of the City's Municipal
Code (Purchases approved by the Mayor and Common Council and
emergency purchases approved by the City Manager). DDL Number 82.
Poma Distributing was selected as a Sole Source for the following reasons:
1. Poma Distributing is the same vendor that has supplied the City of San Bernardino
Gasoline and Diesel Fuel since 2004 under a purchase agreement with the County
of San Bernardino.
2. The County of San Bernardino Vehicle Services Department currently has a multi-
year contract with Poma Distributing of Bloomington for the purchase of Gasoline
and Diesel Fuel that includes a participation clause that allows Municipalities to avail
themselves of the contract through the County for better pricing.
3. This contract was competitively bid with seven vendors responding and was awarded
to Poma Distributing on March 7, 2011. .
A Request for Council Action entitled, "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 $1,480,000 to Poma Distributing of Bloomington
pursuant to Section 3.04.010-133 of the Municipal Code for the purchase of gasoline and
diesel fuel with three single year renewal options in participation with a contract between
Poma Distributing and the County of San Bernardino" has been submitted and placed on
the June 20, 2011 agenda calendar for review and approval. If you support this request
please sign the approval line below.
Nadeem Majaj
Z.
Director of Public Works Approved By.
Charles McNeely, Cikyanandr
10
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $2,000,000 TO POMA
DISTRIBUTING OF BLOOMINGTON PURSUANT TO SECTION 3.04.010-133 OF
4 THE MUNICIPAL CODE FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL
5 WITH THREE SINGLE YEAR RENEWAL OPTIONS IN PARTICIPATION WITH A
CONTRACT BETWEEN POMA DISTRIBUTING AND THE COUNTY OF SAN
6 BERNARDINO.
7 WHEREAS, Poma Distributing Company currently has an agreement with the
8 County of San Bernardino for the purchase of gasoline and diesel fuel; and,
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. The City Manager of the City of San Bernardino is hereby
12 authorized to execute on behalf of said City an Agreement between the City of San
13
Bernardino and Poma Distributing Company, a copy of which is attached hereto,
i 14
j
15 marked as Exhibit "A", and incorporated herein by this reference as fully as though set
16 forth at length.
17 SECTION 2. That pursuant to this determination the Director of Finance or her
18 designee is hereby authorized to issue a purchase order to Poma Distributing
19 Company in the amount of$2,000,000 for FY 11-12.
� 20
I SECTION 3. The Purchase Order shall reference this Resolution Number and
21
22 shall read, "Poma Distributing Company for the purchase of gasoline and diesel fuel.
23 Agreement not to exceed $2,000,000 in FY 11-12" and shall incorporate the terms and
�
24 conditions of the agreement.
25
26
27
28 Q
1 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 $2,000,000 TO POMA
DISTRIBUTING OF BLOOMINGTON PURSUANT TO SECTION 3.04.010-133 OF
3 THE MUNICIPAL CODE FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL
4 WITH THREE SINGLE YEAR RENEWAL OPTIONS IN PARTICIPATION WITH A
CONTRACT BETWEEN POMA DISTRIBUTING AND THE COUNTY OF SAN
5 BERNARDINO.
6 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 days of the passage of this resolution.
9
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I 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 $2,000,000 TO POMA
DISTRIBUTING OF BLOOMINGTON PURSUANT TO SECTION 3.04.010-133 OF
3 THE MUNICIPAL CODE FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL
WITH THREE SINGLE YEAR RENEWAL OPTIONS IN PARTICIPATION WITH A
4 CONTRACT BETWEEN POMA DISTRIBUTING AND THE COUNTY OF SAN
5 BERNARDINO.
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of 2011, y
b the
9
following vote, to wit:
10
Il Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ
13 VACANT
14 BRINKER
� 15
SHORETT
16 KELLEY
17
JOHNSON
18
1 MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this
23 2011. y pp day of
24
25 Patrick J. Morris, Mayor
Approv d as to Form:
City of San Bernardino
26
By.
27
J es F. Penman, City Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 20th day of June 2011, by and
3 between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY"
4 or"San Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and
9 WHEREAS, this purchase is exempt from the formal contract procedures of Section
10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
11 approved by the Mayor and Common Council;" and,
12
NOW, THEREFORE, the parties hereto agree as follows:
13
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in Attachments "1, 2 and 3" and
17 incorporated herein by this reference.
18 2. COMPENSATION AND EXPENSES.
19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20
21 pay the VENDOR up to the amount of$2,000,000, for gasoline and diesel fuel.
22 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
23 3. TERM; TERMINATION.
24 The term of this agreement shall be from July 1, 2011 through June 30, 2012, with three
25 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
26 July 1, 2012 through June 30, 2013. Option year two, if exercised, shall be effective July 1,
27
28 Exhibit "A"
1
1 2013 through June 30, 2014. Option year three, if exercised, shall be effective July 1, 2014
2 through June 30, 2015.
3 This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless amended by written
5
6 agreement of the parties executed on or before the date of expiration of current term of the
7 agreement.
8 4. INDEMNITY.
9 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
11 any kind and nature arising from bodily injury, including death, or property damage, based or
12
13 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
14 subcontractors, relating to or in any way connected with the accomplishment of the work or
15 performance of service under this Agreement, unless the bodily injury or property damage was
16 actually caused by the sole negligence of the City, its elected officials, employees, agents or
17 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
18 own expense, including attorney's fees the City, its elected officials, employees, agents or
19 representatives from any and all legal actions based upon such actual or alleged acts or
20
21 omissions. Vendor hereby waives any and all rights to any types of express or implied
22 indemnity against the City, its elected officials, employees, agents or representatives, with
23 respect to third party claims against the Vendor relating to or in any way connected with the
24 accomplishment of the work or performance of services under this Agreement.
25 5. INSURANCE.
26 While not restricting or limiting the foregoing, during the term of this Agreement,
27
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
28 Exhibit "A"
2
1 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
2 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
3 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
4 additional named insured in each policy of insurance provided hereunder. The Certificate of
5
6 Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
7 to any change in or termination of the policy.
8 6. NON-DISCRIMINATION.
9 In the performance of this Agreement and in the hiring and recruitment of employees,
10 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
11 discrimination in employment p yment of persons because of their race, religion, color, national origin,
12
13 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
14 sexual orientation, or any other status protected by law.
I 7. INDEPENDENT CONTRACTOR.
15
16 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
17 purposes VENDOR shall be an independent contractor and not an agent or employee of the
18 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
19 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
20
21 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
22 employees, and all business license, if any are required, in connection with the services to be
23 performed hereunder.
24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
26 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
27
28 Exhibit "A"
3
I qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
3 NOTICES.
4 Any notices to be given pursuant to this Agreement shall be deposited with the United
5
States Postal Service, postage prepaid and addressed as follows:
6
TO THE CITY: Public Works Director
7 300 North "D" Street
8 San Bernardino, CA 92418
Telephone: (909) 384-5140
9
TO THE VENDOR: Poma Distributing Company
10 571 W. Slover Ave.
11 Bloomington, CA 92316
Telephone: (909) 877-2441
12 Contact: Tim Wolthuis
13 9. ATTORNEYS' FEES.
. 14 In the event that litigation is brought by any party in connection with this Agreement,
15 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
16
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
17
18 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
19 Provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
20 calculated based on market rate for comparable services.
21 10. ASSIGNMENT.
22 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
23 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
24
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
25
26 and shall constitute a breach of this Agreement and cause for the termination of this
27 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
28 Exhibit"A"
1
4
1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 11. VENUE.
4
The parties hereto agree that all actions or proceedings arising in connection with this
5
6 Agreement shall be tried and litigated either in the State courts located in the County of San
7 Bernardino, State of California or the U.S. District Court for the Central District of California,
8 Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandatory and not permissive in nature.
10 12. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12
13. SUCCESSORS AND ASSIGNS.
13
14 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
,E 15 and their respective heirs, representatives, successors, and assigns.
i
16 14. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20
15. SEVERABILITY.
21
i
22 If any provision of this Agreement is determined by a court of competent jurisdiction to
23 be invalid or unenforceable for any reason, such determination shall not affect the validity or
24 enforceability of the remaining terms and provisions hereof or of the offending provision in any
25 other circumstance, and the remaining provisions of this Agreement shall remain in full force
26 and effect.
27
28 Exhibit "A"
5
Q1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between the
3 parties, and supercedes any prior agreements and understandings relating to the subject manner
4 of this Agreement. This Agreement may be modified or amended only by a written instrument
5
6 executed by all parties to this Agreement.
7 ///
8
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„. 14
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25
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28 Exhibit"A”
6
1 VENDOR SERVICE AGREEMENT
BETWEEN POMA DISTRIBUTING COMPANY AND THE CITY OF SAN
2 BERNARDINO
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
5 date set forth below.
6
7 Dated: , 2011 Poma Distributing Company
8 By:
Its:
9
10 Dated , 2011 CITY OF SAN BERNARDINO
11
By:
12 Charles E. McNeely, City Manager
Approved as to Form:
13 James F. Penman, City Attorney
%MW 14
15 By.
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit "A"
7
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i
1
I VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 20th day of June 2011, by and
3 between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY"
4 or"San Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and
J WHEREAS, this purchase is exempt from the formal contract procedures of Section
10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
11 approved by the Mayor and Common Council;" and,
12
13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in Attachments "l, 2 and 3" and
17 incorporated herein by this reference.
� 18
2. COMPENSATION AND EXPENSES.
19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20
21 pay the VENDOR up to the amount of$2,000,000, for gasoline and diesel fuel.
I
22 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
i
23 3. TERM; TERMINATION.
24 The term of this agreement shall be from July 1, 2011 through June 30, 2012, with three
I
25 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
.! 26 July 1, 2012 through June 30, 2013. Option year two, if exercised, shall be effective July 1,
27
28
1
1 2013 through June 30, 2014. Option year three, if exercised, shall be effective July 1, 2014
2 through June 30, 2015.
3 This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless amended by written
5
agreement of the parties executed on or before the date of expiration of current term of the
6
7 agreement.
8 4. INDEMNITY.
9 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
i
11
any kind and nature arising from bodily injury, including death, or property damage, based or
12
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
13
'I subcontractors, relating to or in any way connected with the accomplishment of the work or
' 14
15 performance of service under this Agreement, unless the bodily injury or property damage was
16 actually caused by the sole negligence of the City, its elected officials, employees, agents or
17 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
18 own expense, including attorney's fees the City, its elected officials, employees, agents or
19 representatives from any and all legal actions based upon such actual or alleged acts or
20
omissions. Vendor hereby waives any and all rights to any types of express or implied
21
22 indemnity against the City, its elected officials, employees, agents or representatives, with
23 respect to third party claims against the Vendor relating to or in any way connected with the
24 accomplishment of the work or performance of services under this Agreement.
25 5. INSURANCE.
26 While not restricting or limiting the foregoing, during the term of this Agreement,
27
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
28
2
'l I liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
i
2 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
1 3 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
i
4 additional named insured in each policy of insurance provided hereunder. The Certificate of
5 Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
6
7 to any change in or termination of the policy.
8 6. NON-DISCRIMINATION.
9 In the performance of this Agreement and in the hiring and recruitment of employees,
10 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
11 discrimination in employment of persons because of their race, religion, color, national origin,
12
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
13
sexual orientation, or any other status protected by law.
14
15 7. INDEPENDENT CONTRACTOR.
16 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
17 purposes VENDOR shall be an independent contractor and not an agent or employee of the
18 CITY. VENDOR,shall secure, at its expense, and be responsible for any and all payment of
19
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
20
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
21
22 employees, and all business license, if any are required; in connection with the services to be
23 performed hereunder.
24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
26 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
27
28
3
1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
3 NOTICES.
4 Any notices to be given pursuant to this Agreement shall be deposited with the United
5
States Postal Service,postage prepaid and addressed as follows:
a 6
TO THE CITY: Public Works Director
300 North "D" Street
8 San Bernardino, CA 92418
Telephone: (909) 384-5140
9
TO THE VENDOR: Poma Distributing Company
10 571 W. Slover Ave.
11 Bloomington, CA 92316
Telephone: (909) 877-2441
12 Contact: Tim Wolthuis
13 9. ATTORNEYS' FEES.
14 In the event that litigation is brought by any party in connection with this Agreement,
15 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
16
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
17
18 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
19 Provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
20 calculated based on market rate for comparable services.
21 10. ASSIGNMENT.
22 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
23 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
24
25 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
26 and shall constitute a breach of this Agreement and cause for the termination of this
27 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
28
4
`9
I of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3
11. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5
6 Agreement shall be tried and litigated either in the State courts located in the County of San
7 Bernardino, State of California or the U.S. District Court for the Central District of California,
8 Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandatory and not permissive in nature.
10 12. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12
13. SUCCESSORS AND ASSIGNS.
13
14 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
15 and their respective heirs, representatives, successors, and assigns.
16 14. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19
provisions.
20
15. SEVERABILITY.
21
22 If any provision of this Agreement is determined by a court of competent jurisdiction to
23 be invalid or unenforceable for any reason, such determination shall not affect the validity or
24 enforceability of the remaining terms and provisions hereof or of the offending provision in any
25 other circumstance, and the remaining provisions of this Agreement shall remain in full force
26 and effect.
27
28
5
1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between the
3 parties, and supercedes any prior agreements and understandings relating to the subject manner
4 of this Agreement. This Agreement may be modified or amended only by a written instrument
5
executed by all parties to this Agreement.
6
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11
12 HI
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19 ///
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23 ///
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6
4
G
1 VENDOR SERVICE AGREEMENT
BETWEEN POMA DISTRIBUTING COMPANY AND THE CITY OF SAN
2 BERNARDINO
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
5 date set forth below.
6
7 Dated: , 2011 Poma Distributing Company
8 By:
Its:
9
10 Dated , 2011 CITY OF SAN BERNARDINO
11 By:
12 Charles E. McNeely, City Manager
Approved as to Form:
13 James F. Penman, City Attorney
14
15 By.
16
17
18
19
20
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7
Attachment "1"
REQUEST FOR PR AL-J .o Date: December 1,2010 Proposal No. N-38
COUNTY OF SAN BERNARDINO r
PURCHASING DEPARTMENT
ge No. 1 of 26 Pages
Materials: GASOLINE AND EE L Ft9 „_ ��
C-1 ''lY' � Submit each individual proposal in separate sealed envelope with
C
To Be Delivered To: VARIOUS LO AT*—S 1? < proposal number marked on outside to
�yv of �7a County Purchasing Agent
777 East Rialto Avenue
For further information,call: Pa cemfC� n San Bernardino,CA 92415-0760
De p ty hast gbf� Cry BEFORE: Thursday,January 6,2011,2:00 PM
(9 09) 7- ��S
9
IONS AND CONDITIONS
1. All prices and notations must be typewritten or printed in ink.No erasures 18. Neither party will be held liable for failure or delay in fulfillment rf hindered
permitted. Mistakes may be crossed out and corrections made adjacent, or prevented by fire,strikes,or Acts of God.(Force Majeure)
and must be initialed in ink by person signing quotation. 19. Quotations are subject to acceptance at any time within 60 days after
2. State brand, or make, on each item. If quoting an article exactly as opening of same,unless otherwise stipulated.
specified, the words "or equal" must be stricken out by the vendor. If 20. Verify your quotations before submission,as they cannot be withdrawn or
quoting on other than make,model or brand specified..the manufacturer's corrected after being opened.
name and the catalog number must be given, or descriptive cut and 21 RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE. If
information attached to the quotation. you do not quote,state your reason;otherwise your name may be removed
3. Quote on each item separately Prices should he stated in units specified. from the mailing list.
4. Each quotation must be in separate sealed envelope with proposal number 22. Accounts paid for transportation of property to the County of San
on outside, and must be received by County Purchasing Agent.777 East Bernardino are exempt from Federal Transportation Tax. An exemption
Rialto Avenue,San Bernardino,CA 92415-0760 not later than the hour and certificate is not required where the shipping papers show the consignee as
day specified hereon,at which time it will be publicly opened and read. For San Bernardino County,as such papers may be accepted by the carrier as
the purposes of this proposal,the time specified will be as defined by the proof of the exempt character of the shipment,
official time clock located in the Purchasing Department. Late or 23. To be considered,each vendor must have an approved Vendor Application
incomolete Proposals will not be accepted on file with the Purchasing Department. Vendors must have registered
5. Time of delivery is a part of the consideration and must be stated in definite online through the County Website at hhp iNA,,wsbcoLi ty govlPUrchasing.
terms,and must be adhered to.If time varies on different items,the vendor 24. The Vendor agrees to comply with Executive Orders 11246,11375..11625,
shall so state in the column provided,opposite each Item. 12138,12432,12250,Title VII of the Civil Rights Act of 1964,the California
6. Terms of less than 30 days for cash discount will be considered as net Fair Employment Practice Act, Equal Employment Opportunity, San
7. All quotations must be signed with the firm's name,by a responsible officer Bernardino County Emerging Small Business Enterprise program, and
or employee.Obligations assumed by such signatures must be fulfilled other applicable Federal,State,and County laws,regulations,and policies
8 Unless otherwise definitely specified, the prices quoted herein do not relating to equal employment and contracting opportunities,including taws
include California Sales Tax. and regulations hereafter enacted. The articles covered by the quotation
9. No charge for packing,drayage,or for any other purpose will be allowed must conform to safety orders of OSHA,CALOSHA and/or NIOSHA,and
over and above the prices quoted on this sheet_ OSH-POD.
10. The right is reserved,unless otherwise stated,to accept or reject any or all 25 Assignment of the contract by the vendor to other suppliers/contractors
quotations,or any part thereof,either separately or as a whole,or to waive must be approved by the Purchasing Agent.
any informality in a proposal. 26. Prevailing Wage Laws(if applicable)
11. Cost is an important factor in the evaluation process,but the County is not By its execution of this Agreement,Contractor certifies that it is aware of
obligated to accept the lowest cost proposal. Al the County's discretion, the requirements of California Labor Code Sections 1720 et seq.and 1770
considerations other than price may factor into a decision as to which et seq. As well as California Code of Regulations,Title 8,Section 16000 et
products provide the best overall value to the County. seq ("Prevailing Wage Laws"), which require the payment of prevailing
12. Samples of items,when required,must be furnished free of expense to the wage rates and the performance of other requirements on certain"public
County, and if not destroyed by tests, will upon request be returned at works`and"maintenance"projects. If the Services are being performed as
vendor's expense. Vendors shall pick up their ilems within five days after part of an applicable"public works"or"maintenance"project,as defined by
they have been notified that the testing has been completed_ Items not the Prevailing Wage Laws,and if the total compensation is$1,000 or more,
picked up will be disposed of at the discretion of the Purchasing Agent. Vendor agrees to fully comply with such Prevailing Wage Laws. Vendor
13. In case of default by the vendor, the County of San Bernardino may shall make copies of the prevailing rates of per diem wages for each craft,
procure the product(s)from other sources and may deduct from unpaid classification or type of worker needed to execute the Services available to
balance due the vendor,or may collect against the bond of surety,or mail interested parties upon request, and shall post copies at the Vendor's
bill for excess costs so paid. and the prices paid by the County of San principal place of business and at the project site Vendor will also adhere
Bernardino shall be considered the prevailing market prices paid at the time to any other applicable requirements, including but not limited to, those
such purchase is made. regarding the employment of apprentices, travel and subsistence pay,
14 All freight charges must be itemized separately on all responses to this retention and inspection of payroll records, workers compensation and
REP. If shipping cost is included in the product unit cost, deduct the forfeiture of penalties prescribed in the Labor Code for violations. Vendor
amount added for shipping and show it as a separate line item. Freight shall defend, indemnify and (told the County.. its elected officials,officers,
terms to be FOB destination. employees and agents free and harmless from any claims,liabilities,costs,
15. Cost of transportation, handling, and/or inspection on deliveries,or offers penalties or interest arising out of any failure or alleged failure to comply
for delivery,which do not meet specifications,will be for the account of the with Prevailing Wage Laws.
vendor. 27 Conflict of Interest: Your signature hereon certifies that no County
16. The vendor shall hold the County of San Bernardino, its officers,agents, employee,whose position in the County service enables them to influence
servants and employees, harmless and defend same from liability of any any award of your offer or any competing offer, shall have any direct or
nature or kind on account of use of any copyright or uncopyrighted indirect financial interest in any transaction resulting from this request for
composition, secret process, patented or unpatented invention, article, or proposal,
appliance furnished or used under this quotation. 28. Vendors making delivery or providing services on County premises shall
17. PRICES QUOTED F_O.B. DESTINATION UNLESS OTHERWISE carry liability insurance and Worker's Compensation coverage in
STATED. accordance with the County's Standard Practice requirements.
The following must be filled in by the contractor In submitting his proposal: /� ` / ^r
Date 1/2 U Z O ( ( Company LI[!N g /J/s�1 i vfiYJ�? �Parr y ,r„��
Delivery will be made in 0116 days Address 57 �✓• 5 loom /�
from receipt of order unless otherwise noted. A �-
Cash Discount Terms Al /`f ��i�n.. +f� C/
,� City&State i Zip
Signed By Telephone No.
(rev.9110)
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 2 of 26
1. INTRODUCTION
A. PURPOSE
The County of San Bernardino (County) is seeking qualified vendors to provide gasoline and diesel fuel,
furnished in quantities ordered, at times needed, by the successful Vendor(s).
B. PERIOD OF CONTRACT
The contract awarded shall begin on February 1, 2011 or as soon as thereafter practicable and extend through
January 31,2014,
II. INSTRUCTIONS TO VENDORS
A. GENERAL INFORMATION
Vendors shall conform to all instructions and conditions as specified in the Request for Proposal.
B. PROPOSAL RETURN
Return a signed original of the proposal in a sealed envelope and clearly state on the outside of the envelope in
the lower left-hand corner"PROPOSAL ENCLOSED N-38"and return to:
County of San Bernardino
Purchasing Department
777 E. Rialto Avenue; RFP N-38
San Bernardino, CA 92415-0760
Attn: PAM BUSCEMI, Deputy Purchasing Agent
Due on or before: Thursday,January 6,2011,2:00 PM
C. PRE-BID MEETING
The San Bernardino County Purchasing Department will hold a pre-bid conference on Tuesday, December 14,
2010 at 2:00 PM. The purpose of this conference will be to review and answer any questions which vendors may
have regarding the RFP. Please submit your questions via e-mail to Pam Buscemi at
pbuscemi(cDpur.sbcounty.Aov by December 7, 2010 in order to provide responses at the pre-bid meeting.
Attendance at this pre-bid conference is highly recommended for any vendors intending to respond to this RFP.
Pre-bid meeting will be held in the Purchasing conference room at 777 E. Rialto Ave., San Bernardino, CA 92415.
D. DEADLINE
Vendors shall submit signature page (Cover Sheet). References (Attachment A), and Price Sheet(s) (Attachment
B). To be considered responsive, proposals are to include all items identified. Facsimile or electronically
transmitted proposals will not be accepted since they do not contain original signatures. Postmarks will
not be accepted in lieu of actual receipt. Late or incomplete proposals will not be accepted.
E. PROPOSAL OPENING
All proposals will be opened at the time,date and place specified.
F. MINIMUM VENDOR REQUIREMENTS
All Vendors must:
1. Have at least three(3) references of governmental agencies or private companies of similar size and scope to
whom they have supplied like products/supplies within the last five(5)years(see Attachment A).
2. Provide copies of current necessary licenses and/or permits.
3_ Have no record of unsatisfactory performance as determined by the California Contractors State License
Board and California Department of Consumer Affairs. Contractors who are or have been seriously deficient
in current or recent contract performance, in the absence of circumstances properly beyond the control of the
contractor, shall be presumed to be unable to meet the requirement.
4. Have no outstanding or unresolved complaints/issues with the County of San Bernardino or other local
agencies.
G. PROPOSAL PREPARATION INSTRUCTIONS
Bids must be typed OR written 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. A responsible
officer or employee must sign proposals. California State Sales Tax should NOT be included in vendor's
t proposal.
County of San Bernardino Request for Proposal RFP No.N.38
Purchasing Department Gasoline and Diesel Fuel Page 3 of 26
H. 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.
I. USE OF PROPOSALS RECEIVED
All proposals received shall become the property of the County.
J. ACCEPTANCE OR REJECTION OF PROPOSALS
Proposals shall remain open, valid and subject to acceptance anytime within 90 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 or any portions of a proposal or alternates received
by reasons of this request or to waive any informality or immaterial irregularities in a proposal.
The County also reserves the right to negotiate separately with vendors as may be necessary to serve its best
interests.
Incomplete proposals will not be accepted.
K. BEST VALUE EVALUATION PROCESS
Cost is an important factor in the evaluation process, but the County is not obligated to accept the lowest cost
proposal. At the County's discretion, considerations other than price may factor into a decision as to which
products or services provide the best value to the County. Such considerations may include:
• Life cycle cost
• Probable life of the product
• Length and scope of warranty
• Maintenance or service availability
• Past performance
• Environmental considerations
• Trade-in terms
• Risk reduction
• Any other relevant factor listed in the solicitation
L. PRICE GUARANTEE
The County gives preference to firm prices. All price escalation provisions will be considered alternate offers.
Offers specifying a maximum escalation percentage during the period of contract will be given preference over
those offering an unspecified price escalation, The County requires bona fide proof of cost increases, including
surcharges, fees, etc., on Contracts prior to any price escalation adjustment. A minimum of thirty (30) days
advance notice is required to secure such adjustments Vendor must obtain prior written approval from the
'j Purchasing Agent before implementing any price increases. When offering escalating price contracts, quote
applicable labor and materials separately as to percentage of total cost. No retroactive pricing adjustments will be
j considered. The County may enforce, adjust, or cancel escalating price contracts as it sees fit. The net dollar
?j amount of profit will remain firm during the period of the contract. Adjustments increasing the vendor's profit will
not be allowed. The County shall be given the benefit of all price decreases provided by vendor to similarly-sized
customers.
Vendor represents that the prices charged the County do not exceed existing selling prices to other agencies for
II the same or substantially similar items or services for comparable quantities under
The County retains the right to rebid the contract if, in the opinion of he Count similar terms and conditions.
P� y, prices become too high.
I
M. COMPLETION OF QUOTE
{ When no manufacturer is specified, vendor must indicate brand of manufacturer being bid. When brand or
manufacturer is specified, vendor may bid substitute items as equals, except those items marked "NO
SUBSTITUTE". Vendor must be able to justify any substitute item by submitting samples when called for. The
j County reserves the exclusive right to accept or reject any item. If there is a discrepancy between brand or
,I manufacturer number and item description, the description will be controlling. Changes in packaging will not be
authorized unless so indicated when proposal is submitted. Bidder shall complete quote by filling in on each item
quoted: brand name, product number and manufacturer. If bidding "As Specified", indicate so, with an "A/S".
Indicate if there is a minimum quantity required with order. If unable to quote on an item, specify"No Bid".
i
i
I
'J
'J
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 4 of 26
N. CONSUMPTION
Totals shown on proposal schedule are approximate and are minimum estimates for the period of contract in
order not to over-contract. Quantities herein are an estimate and are not a guarantee of any quantity purchase as
a result of this proposal.
O. 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:
AJIA
III. CONTRACT REQUIREMENTS
A. GENERAL
9. DELIVERY SERVICE
a. Delivery shall be made to point as specified to each County address and department as ordered.
b. Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. Fuel
shall be delivered to the designated address(es) within twenty-four (24) hours of the order date,
notwithstanding weather conditions so long as roadways are open. Contract supplier must provide a four
(4) hour maximum window to the ordering individual indicating expected delivery time at the location.
Supplier must strive to meet delivery during that window. Repeated failure to deliver on time will constitute
grounds to terminate the contract.
c. All items or services are subject to final inspection and acceptance at the designated locations by the
j County. Such final inspection shall be made within a reasonable time after delivery. The successful
Vendor shall be responsible for taking tank stick readings or tank gauge before and after delivery and
recording them on the short form Bill of Lading, which shall be left at the delivery address, itemizing
Gross/Net units and the manner in which net was computed.
d. Delivery shall be made complete as ordered within the time quoted by vendor from receipt of order.
e. One Delivery-One Invoice.
f. Delivery will be made to the listed locations during the stated delivery hours(see Attachment E).
g. Prompt delivery and efficient service are essential; failure to furnish such delivery and service will
constitute a breach of this contract.
h. All freight charges must be itemized separately on all responses to this RFP. if shipping cost is included
in the product unit cost, deduct the amount added for shipping and show it as a separate line item.
Freight terms to be FOB destination.
2. VENDOR'S GUARANTEE
a. In quoting, the Vendor guarantees to make delivery of all items quoted, either from its stock, from
warehouse stock, 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 the
vendor 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 user
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).
e. All vendors responding to this RFP must provide a letter from a Refiner guaranteeing uninterrupted
product supply for the duration of any resulting contract.
f. Upon award of the contract, successful supplier will be required to meet with the Fleet Management
Department appointed authority to discuss any issues or requirements regarding delivery to various
fueling sites in the County. Once delivery policy has been established to provide the proper level of
County of San Bernardino Request for Proposal RFP No.N-38
Purchasing Department Gasoline and Diesel Fuel Page 5 of 26
service to the County, supplier assumes full responsibility for making such information available to all
current and subsequent delivery personnel(employees and/or contract personnel).
g. Proposed suppliers shall comply with all Internal Revenue Service and the State Board of Equalization
requirements. A copy of a valid Vendor Fuel Use Permit, Broker Motor Fuel Tax Permit, and Reseller's
Permit must be included in your proposal. The successful supplier must provide the Fleet Management
Department with a valid I.R.S_ Form 637 prior to award of contract.
h. The successful supplier will provide the County Fleet Management Department's Fuel and Security Office
with a contact individual(s)name, address, and phone number which will be valid 24 hours a day, 7 days
a week. In cases of emergency, that contact, or his appointed stand-in must be available and have the
authority to respond to the needs of the County.
3. AWARD
Award of contract may or 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 interests of the County.
4. PRICING
a. Invoicing will be based on the Oil Price Index Service (OPTS) average daily rack price at the LA Terminal
plus the delivery differential. The delivery differential shall be a fixed price for a period not less than one
(1)year. Saturday, Sunday and Holiday deliveries will use the OPTS average rack price from the previous
reporting day. 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 "pass through" incentives from refineries.
For purposes of locations not outlined in this proposal, prices should be similar to locations (in proximity)
quoted.
b. Truck and Trailer Pricing: 7500+ gallons shall be considered a Truck and Trailer quantity and will be
priced at the Truck and Trailer Price. The County has a need to receive gasoline and diesel shipments in
mixed loads. Any combination of gasoline and diesel exceeding 7500 gallons shall be considered a
Truck and Trailer load for pricing purposes. The Truck and Trailer Pricing will be firm for the life of any
agreement entered into pursuant to this RFP.
c. Short Load Pricing: 5000 gallons to 7499 gallons. The County has a need to receive gasoline and diesel
shipments in mixed loads. Any combination of gasoline and diesel exceeding 5000 but not more than
7500 gallons shall be considered a short load for pricing purposes.
d. Tank Wagon Pricing: Less than 4999 gallons shall be considered Tank Wagon pricing and is broken
down into three break points (1 to 999 gallons; 1000 to 2499 gallons; and 2500 to 4499 gallons). List
pricing as additional delivery charges on the Price Sheet.
5. USAGE REPORTING
The successful Vendor should have the capability to accumulate usage on a per-gallon and total sales for
each County location. Reports shall be submitted on a semi-annual basis, listing location, number of gallons
delivered, type of fuel delivered/sold, and prices invoiced. The report shall be submitted within 60 days
following the close of the calendar reporting period to the County of San Bernardino Fleet Management
Department at 210 North Lena Road, San Bernardino, CA 92415-0842. Prompt and accurate reporting is an
essential part of RFP.
The successful supplier will be responsible for providing the LA Mid Spot prices to the Fleet Management
Department via Email Excel spreadsheet for each day, Monday through Friday. The spreadsheet (one
spreadsheet for Tank Wagon and one for Truck and Trailer) shall break down the price per gallon for each
fuel facility for both gasoline and diesel.
6. INVOICES
Invoices are payable monthly unless otherwise agreed upon by department. Invoices must reflect both
purchase order number and applicable proposal number to initiate payment. Invoices are to be sent to the
ordering department.
7. TAXES
County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes
III levied on Vendor or on any taxes levied on employee wages. The County shall only pay for any State or local
sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the
Contract.
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 6 of 26
8. STOCK ADJUSTMENTSIRETURNS
In quoting, the Seller agrees to give full credit on returned merchandise resulting from this proposal, with
exception of custom orders. Vendor agrees to waive any re-stocking fees.
9. CONFIDENTIAL INFORMATION
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.
10. RETURNED MERCHANDISE
In quoting, the Vendor agrees to give full credit on returned merchandise resulting from this proposal, with
exception of custom orders.
11. 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 must be in writing.
b. Must be submitted within ten (10)calendar days of the date of the notification of the recommended award
or denial of award letters.
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 conflict 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:
Laurie Rozko, Director
County of San Bernardino
Purchasing Department
777 E. Rialto Avenue
San Bernardino, CA 92415-0760
The County Purchasing Agent shall make a decision concerning the appeal, and notify the Vendor making the
appeal, within a reasonable timeframe prior to the tentatively scheduled date for awarding the contract. The
decision of the County Purchasing Agent shall be deemed final.
12. 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.
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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.
13. CONFIDENTIALITY
During the term of the Contract, if Vendor will have access to and become acquainted with confidential
information, Vendor and each of their officers, employees, and agents, will maintain all confidential
information, except as authorized in writing by County, or except as specifically provided herein, or except to
the extent that: it was generally known when received; it is or hereafter becomes lawfully obtainable from
County of San Bernardino Request for Proposal RFP No.N-38
Purchasing Department Gasoline and Diesel Fuel Page 7 of 26
other sources; it is necessary to disclose it to regulatory authorities having jurisdiction over either party or their
subsidiaries or affiliated companies, or as may otherwise be required by law; or to that extent such duty as to
confidentiality is waived. Vendor will take all steps necessary to safeguard the confidential information
against unauthorized disclosure or use, and to satisfy their obligations under this contract. Failure of Vendor
to exercise and safeguard confidential information may result in criminal prosecution. If deemed necessary,
any background checks will be at Vendor's expense, County will invoice the Vendor for costs paid by the
County for reimbursement.
14. INACCURACIES OR MISREPRESENTATIONS
If, in the course of the RFP process or in the administration of a resulting contract, the County determines that
Vendor has made a material misstatement or misrepresentation, or that materially inaccurate information has
been provided to the County, Vendor may be terminated from the RFP process, or in the event a contract has
been awarded, the contract may be immediately terminated. In the event of a termination under this
provision, the County is entitled to pursue any available legal remedies.
15. TERMINATION FOR CONVENIENCE
The County for its convenience may terminate this contract in whole or in part upon thirty (30)calendar day's
written notice. If such termination is effected, an equitable adjustment in the price provided for in this contract
shall be made. Such adjustment shall provide for payment to the Vendor for services rendered and expenses
reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Vendor shall
promptly discontinue services unless the notice directs otherwise. Vendor shall deliver promptly to County
and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans,
forms, data, products, graphics,computer programs and reports.
16. PARTICIPATION
The County desires that Municipalities, School District, and other Tax Districts within the County of San
Bernardino requiring System/Case goods furniture may at their option and through the County Purchasing Agent,
avail themselves of the contract resulting form 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.
17. VOLUME PURCHASE DISCOUNTS
The County may, from time to time, have the need for a large individual spot purchase, warranting special
pricing. Separate quotes with vendors shall be permitted in these cases.
18. NONEXCLUSIVE CONTRACT
This is not an exclusive Request for Proposal. The County reserves the right to enter into a contract with
other vendors for the same or similar services. The County does not guarantee or represent that the Vendors
will be permitted to perform any minimum amount of work, or receive compensation other than on a per order
basis, under the terms of this contract.
19, INDEMNIFICATION AND INSURANCE REQUIREMENTS
Indemnification —The Contractor agrees to indemnify, defend (with counsel reasonably approved by County)
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 except where such indemnification is prohibited by law. This indemnification provision
shall apply regardless of the existence or degree of fault of indemnitees. The Contractor's indemnification
obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's
"sole negligence"or"willful misconduct"within the meaning of Civil Code Section 2782.
Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain endorsements naming the County and its officers, employees,
agents and volunteers as additional insureds with respect to liabilities arising out of the performance of
services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County
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Purchasing Department Gasoline and Diesel Fuel Page 8 of 26
to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such
additional insured coverage shall be at least as broad as Additional Insured (Form B)endorsement form ISO,
CG 2010.11 85.
Waiver of Subrogation Rights —The Contractor shall require the carriers of required coverages to waive all
rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and
subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and
Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The
Contractor hereby waives all rights of subrogation against the County.
Policies Primary and Non-Contributory —All policies required herein are to be primary and non-contributory
with any insurance or self-insurance programs carried or administered by the County,
Severability. of Interests — The Contractor agrees to ensure that coverage provided to meet these
requirements is applicable separately to each insured and there will be no cross liability exclusions that
preclude coverage for suits between the Contractor and the County or between the County and any other
insured or additional insured under the policy.
Proof of Coverage — The Contractor shall furnish Certificates of Insurance to the County Department
administering the contract evidencing the insurance coverage, including endorsements, as 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, and
Contractor shall maintain such insurance from the time Contractor commences performance of services
hereunder until the completion of such services. Within fifteen (15) days of the commencement of this
contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide
complete certified copies of the policies and endorsements immediately upon request.
Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be
written by insurers authorized to do business in the State of California and with a minimum 'Best" Insurance
Guide rating of"A-VII".
Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of
$10,000 shall be declared to and approved by Risk Management.
Failure to Procure Coverage— In the event that any policy of insurance required under this contract does not
comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but
not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums
paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will
be reduced to pay for County purchased insurance.
Insurance Review — Insurance requirements are subject to periodic review by the County. The Director of
Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance
requirements whenever Risk Management determines that any of the required insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of
Risk Management determines that heretofore unreasonably priced or unavailable types of insurance
coverage or coverage limits become reasonably priced or available, the Director of Risk Management or
designee 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 change requiring additional types of insurance coverage or higher coverage limits must be made by
amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of
receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the
insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the
County.
The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the
Contractor uses existing coverage to comply with these requirements and that coverage does not meet the
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Purchasing Department Gasoline and Diesel Fuel Page 9 of 26
specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do
so. The type(s)of insurance required is determined by the scope of the contract services.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure
and maintain throughout the contract term the following types of insurance with limits as shown:
Workers' Compensation/Employers Liability — 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
including volunteers providing services on behalf of the Contractor and all risks to such persons under this
contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any
employees or individuals who are defined as "employees" under the Labor Code and the requirement for
Workers' Compensation coverage will be waived by the County's Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law,
volunteers for such entities are required to be covered by Workers'Compensation insurance.
Commercial/General Liability Insurance— The Contractor shall carry General Liability Insurance covering all
operations performed by or on behalf of the Contractor providing coverage for bodily injury and property
damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The
policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage(including completed operations).
d. Explosion, collapse and underground hazards.
e. Personal injury
f. Contractual liability.
g. $2,000,000 general aggregate limit.
Automobile Liability Insurance—Primary insurance coverage shall be written on ISO Business Auto coverage
form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a
combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage,
per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract services,
the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily
injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described
above is acceptable.
Umbrella Liability Insurance—An umbrella (over primary) or excess policy may be used to comply with limits
'i or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property
damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile
liability.
20. RIGHT TO MONITOR AND AUDIT
The County shall have absolute right to review and audit all records, books, papers, documents, corporate
minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of
Vendor in the delivery of services provided under this contract. Vendor shall give full cooperation, in any
auditing or monitoring conducted. Vendor shall cooperate with the County in the implementation, monitoring
and evaluation of this contract and comply with any and all reporting requirements established by the County.
In the event the County determines that Vendor's performance of its duties or other terms of this contract are
deficient in any manner, County will notify Vendor of such deficiency in writing or orally, provided written
j confirmation is given five(5)days thereafter. Vendor shall remedy any deficiency within forty-eight(48) hours
^I of such notification, or County at its option, may terminate this contract immediately upon written notice, or
remedy deficiency and off set the cost thereof from any amounts due the Vendor under this contract or
otherwise.
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Purchasing Department Gasoline and Diesel Fuel Page 10 of 26
Availability of Records
All records pertaining to services delivered and all fiscal, statistical and management books and records shall
be available for examination and audit by County representatives for a period of three years after final
payment under the contract or until all pending County, State and Federal audits are completed,whichever is
later.
21. DISCLOSURE OF CRIMINAL AND CIVIL PROCEEDINGS
The County reserves the right to request the information described herein from the vendor selected for
contract award. Failure to provide the information may result in a disqualification from the selection process
and no award of contract to the vendor. The County also reserves the right to obtain the requested
information by way of a background check performed by an investigative firm. The selected vendor also may
be requested to provide information to clarify initial responses. Negative information provided or discovered
may result in disqualification from the selection process and no award of contract.
The selected vendor may be asked to disclose whether the firm, or any of its partners, principals, members,
associates or key employees (as that term is defined herein), within the last ten years, has been indicted on
or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly
or indirectly from the conduct of the firm's business, or whether the firm, or any of it partners, principals,
members, associates or key employees, has within the last ten years, been indicted on or had charges
brought against it or them (if still pending)or convicted of any crime or offense involving financial misconduct
or fraud. If the response is affirmative, the vendor will be asked to describe any such indictments or charges
(and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the selected vendor may also be asked to disclose whether the firm, or any of its partners,
principals, members, associates or key employees, within the last ten years, has been the subject of legal
proceedings as defined herein arising directly from the provision of services by the firm or those individuals.
"Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by
an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is
affirmative, the vendor will be asked to describe any such legal proceedings (and the status and disposition
thereof)and the surrounding circumstances in detail.
For purposes of this provision"key employees" includes any individuals providing direct service to the County.
"Key employees"do not include clerical personnel providing service at the firm's offices or locations.
22. ADMONITION TO VENDORS
Once this RFP has been issued, Vendors are specifically directed not to contact County personnel for
meetings,conferences or technical discussions related to this RFP. Failure to adhere to this policy may result
in disqualification of the Vendor. All questions regarding this RFP should be directed to the Deputy
Purchasing Agent indicated on the Cover Page.
23. CONTINGENCIES
This RFP does not commit the County to award a contract. The County reserves the right to accept or reject
any or all proposals or portions of proposals, if the County determines it is in the best interest of the County to
do so.
24. MODIFICATIONS
The County reserves the right to issue addenda or amendments to this RFP. Minor modifications may be
made at the discretion of the Director of Purchasing.
25. REPRESENTATION OF THE COUNTY
In the performance of the contract, Vendor, its agents and employees, shall act in an independent capacity
and not as officers, employees, or agents of the County of San Bernardino.
26. VENDOR PRIMARY CONTACT
The Vendor will designate an individual to serve as the primary point of contact for the contract. Vendor or
designee must respond to County inquiries within two (2) business days.Vendor shall not change the primary
contact without written acknowledgement to the County.
27. CHANGE OF ADDRESS
Vendor shall notify the County in writing, of any change in mailing address within ten (10) business days of
the change.
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28. SUBCONTRACTING
Vendor agrees not to enter into any subcontracting contracts for work contemplated under the contract
without first obtaining written approval from the County. Any subcontracting shall be subject to the same
terms and conditions as Vendor. Vendor shall be fully responsible for the performance and payments of any
subcontractor's contract.
29. LEGALITY AND SEVERABILITY
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders
and governmental agency orders. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
30. CONTRACT ASSIGNABILITY
Without the prior written consent of the County, the contract is not assignable by Vendor either in whole or in
part.
31. CONTRACT AMENDMENTS
Vendor agrees any alterations, variations, modifications, or waivers of the provisions of the contract, shall be
valid only when reduced to writing, executed and attached to the original contract and approved by the
required persons.
32. ATTORNEY FEES AND COSTS
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and
attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and
attorney fees directly arising from a third-party legal action against a party hereto and payable under Section
C Terms and Conditions, Indemnification and Insurance Requirements.
33. VENUE
The venue of any action or claim brought by any party to the Agreement will be the Superior Court of
California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of
the court, which would allow them to request or demand a change of venue. If any action or claim concerning
this contract is brought by any third-party and filed in another venue, the parties hereto agree to use their best
efforts to obtain a change of venue to San Bernardino County.
34. LICENSES AND PERMITS
Vendor shall ensure that it has all necessary licenses and permits required by the laws of Federal, State,
County, and municipal laws, ordinances, rules and regulations. The Vendor shall maintain these licenses
and permits in effect for the duration of this contract. Vendor will notify County immediately of loss or
suspension of any such licenses and permits. Failure to maintain a required license or permit may result in
immediate termination of this contract.
35. NOTICE OF DELAYS
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is
delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four(24)
hours, give notice thereof, including all relevant information with respect thereto,to the other party.
36. NOTIFICATION REGARDING PERFORMANCE
In the event of a problem or potential problem that could impact the quality or quantity of work, services, or
the level of performance under this contract,the Vendor shall notify the County within one (1)working day, in
writing and by telephone.
37. CONFLICT OF INTEREST
Vendor shall make all reasonable efforts to ensure that no county officer or employee, whose position in the
county enables him/her to influence any award of this contract or any competing offer, shall have any direct or
indirect financial interest resulting from the award of this contract or shall have any relationship to the vendor
or officer or employee of the vendor.
'i 38. LABOR LAWS
Vendor shall strictly adhere to the applicable provisions of the Labor Code regarding the employment of
apprentices; minimum wages; travel and subsistence pay; retention and inspection of payroll records;workers
compensation; payment of wages. If applicable, the Vendor shall forfeit to the County the penalties
prescribed in the Labor Code for violations.
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39, LOCAL PREFERENCE
The County of San Bernardino has adopted a preference for vendors whose principle 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:
a. 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;
b. 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
c. 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 County of San Bernardino
location(s).
The County's Local Preference Policy means for example, 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.
My company meets the criteria for the five percent cost preference as a local vendor for the County of San
Bernardino, as described above: YES X NO
40. ELECTRONIC FUND TRANSFER PROGRAM
Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into
the Vendor's designated checking or other bank account. Vendor shall promptly comply with directions and
accurately complete forms provided by County required to process EFT payments.
41. 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.
42. OWNERSHIP OF DOCUMENTS
All documents, data, products, graphics, computer programs and reports prepared by Vendor pursuant to
contract shall be considered property of the County upon payment for services. All such items shall be
delivered to County at the completion of work under this contract, subject to the requirements of
TERMINATION FOR CONVENIENCE,
43. COPYRIGHT
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate,
and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics,
forms, designs, plans, procedures, systems, and any other materials or properties developed under this
contract including those covered by copyright, and reserves the right to authorize others to use or reproduce
such material. All such materials developed under the terms of this contract shall acknowledge the County of
San Bernardino as the funding agency and Vendor as the creator of the publication. No such materials or
properties produced in whole or in part under this contract shall be subject to private use, copyright or patent
right by Vendor in the United States or in any other country without the express written consent of County.
Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals,
assembled pursuant to this contract must be filed with the County prior to publication.
44. RELEASE OF INFORMATION
No news releases, advertisements, public announcements or photographs arising out of this contract or
Vendor's relationship with County may be made or used without prior written approval of the County.
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Purchasing Department Gasoline and Diesel Fuel Page 13 of 26
45. ENVIRONMENTAL REQUIREMENTS
In accordance with County Policy 11-10, the County prefers to acquire and use products with higher levels of
post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily
and be available at a reasonable price. The County requires Vendors to use recycled paper for proposals
and for any printed or photocopied material created as a result of a contract with the County. The policy also
requires Vendors to use both sides of paper sheets for reports submitted to the County whenever practicable.
Although the County has not committed to allowing a cost preference, if two products are equivalent and the
cost is feasible the environmentally preferable product would be selected. The intent is to utilize vendors that
reduce environmental impacts in their production and distribution systems whenever fiscally practicable.
To assist the County in meeting the reporting requirements of the California Integrated Waste Management
Act of 1989 (AB939), vendor must be able to annually report the County's environmentally preferable
purchases using Exhibit I. Service providers are also asked to report on environmentally preferable goods
and materials used in the provision of their service to the County.
46. ARTWORK, PROOFS AND/OR NEGATIVES
All artwork, proofs and/or negatives in either print or digital format for this product are the property of the
County of San Bernardino. These items must be returned to the County of San Bernardino within ten (10)
days, upon written notification to the vendor. In the event of a failure to return the documents, the county is
entitled to pursue any available legal remedies. In addition, the vendor will be barred from all future
solicitations,for a period of at least six(6)months.
47. EMPLOYMENT OF FORMER COUNTY OFFICIALS
Vendor agrees to provide or has already provided information on former County of San Bernardino
administrative officials (as defined below) who are employed by or represent vendor. 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.
The information also includes the employment with or representation of Vendor. For purposes of this
provision, "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.
48, 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:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation and employee assistance programs.
iv. 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:
i. Will receive a copy of the company's drug-free policy statement; and,
ii. Will agree to abide by the terms of the company's statement as a condition of employment.
49. DAMAGE TO COUNTY PROPERTY, FACILITIES,BUILDINGS OR GROUNDS
The Vendor shall repair, or cause to be repaired, at its own cost, all damage to County vehicles, facilities,
buildings or grounds caused by the willful or negligent acts of Vendor or employees or agents of the Vendor.
Such repairs shall be made immediately after Vendor becomes aware of such damage, but in no event later
than thirty(30) days after the occurrence.
If the Vendor fails to make timely repairs, the County may make any necessary repairs. The Vendor, as
determined by the County, for such repairs shall repay all costs incurred by the County, by cash payment
upon demand or County may deduct such costs from any amounts due to the Vendor from the County.
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50. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA)
Use of ARRA Funds and Requirements
This Contract may be funded in whole or in part with funds provided by the American Recovery and
Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits
the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public
building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured
goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is
available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in
the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron,
steel or manufactured goods produced in the United States will increase the cost of the overall project by
more than 25 percent; or(iii)Applying the domestic preference would be inconsistent with the public interest.
This is referred to as the"Buy American" requirement. Request for a waiver must be made to the County for
an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31).
This is referred to as the"wage rate"requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. Contractor must contact the County contact if it has any questions regarding the applicability or
implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to
provide detailed information regarding compliance with the Buy American requirements, expenditure of funds
and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA.
The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate
in providing information or documents as requested by the County pursuant to this provision. Failure to do so
will be deemed a default and may result in the withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database at
http://www.ccr,gov and may be required to have its subcontractors also register in the same database.
Contractor must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular
A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA
and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA)
number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal
award number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the County may
fulfill any reporting requirements under ARRA described in this section. The information may be required as
frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents
as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may
result in the withholding of payments and termination of this Contract.
Whistleblower Protection
Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which
prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging,
demoting or otherwise discriminating against an employee for disclosures by the employee that the employee
reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a
gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the
implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of
k
County of San Bernardino Request for Proposal RFP No. N•38
Purchasing Department Gasoline and Diesel Fuel Page 15 of 26
recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract)awarded or issued relating to ARRA funds.
i
"^ County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 16 of 26
ATTACHMENT A-REFERENCES
List three (3) government agencies or private sector companies of equal size and scope to whom you have
supplied like product within the last five(5)year's.
Agency Name: Couw :Yt" saL &2Sr-C4j'tja
Address: `1?7 Iv. 9,c.Ltd a�1�1c1Jct�� ��ru i�c�r�ri�a C,4 R7-4(5-076o
Contact Person: �4 vk lj u Sc rNt
Telephone No.: (9o9 ) 38-7- 2z-33 Fax: ( )
Number of years your company has provided this product to this customer: e�r S
Agency Name:_
Address: 3b1C I=5SC) S c=vL 9-Cd-nGJ-c(,1,0 9ZyU2
Contact Person:
Telephone No.: ( � ..�, 5/s' / Fax:
Number of years your company has provided this product to this customer:_ fr S
r
Agency Name: U,u r-• e c y J- L�� �S r e S
Address:_ q L(e 0 C�_f" r 14 vd,
Contact Person: Cdr-5
Telephone No.: { `D� �y3 �(�S/% Fax: f
Number of years your company has provided this product to this customer:__ i5� 7 tZ«rS
—�
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 Request for Proposal (RFP)N-31 Addendum No. 1
Purchasing Department Gasoline and Diesel Fuel Page 2 of 3
ATTACHMENT B— PRICE SHEET(S)
ESTIMATED,CONSUMPTION
ESTIMATED ESTIMATED
LOCATION ANNUAL USAGE COST PER ANNUAL USAGE COST PER
(GALLONS) GALLON (GALLONS) GALLON
Big Bear Sheriff GASOLINE DIESEL
477 Summit Blvd. 120,556 Z , 2 H(� 47,001 2. 400
Big Bear
Fontana Sheriff
17780 Arrow Blvd. 25,269 , s 19,530
Fontana
Glen Helen Sheriff
18958 West Institution Road 31,544 2 , 5 1 Z„ 994 5
Devore
Morongo Sheriff
6527 White Feather Road 127,194 2 . 5335 34,456 2 , fir, 1 g '�
Joshua Tree
Twin Peaks Sheriff
26010 Hwy. 189 105,065 1. 51'7 5 41,148 2 60 Z 7
Twin Peaks
Apple Valley Road Yard
1923 Joshua Road 51,554 5 i 55 29,309 2 .6 Ud `7
Apple Valle
Baldy Mesa Road Yard
12397 Sycamore Street 80,171 Z, $1 45,779 2 . 2
Victorville
Barstow Road Yard
29802 Hwy. 58 0 33,554 2 , 6 1 z
Barstow `' �!/�
Chino Road Yard
7000 Merrill Avenue 16,710 1 7 3 4,075 2 . GO c
Chino
Crestline Road Yard
23188 Crest Forest Drive 38,556 Z S t 25,327 Z. G O y
Crestline
Running Springs Road Yard
1920 Wilderness Road 0 13,014 7, G D<`�
...Running Springs
San Bernardino Main Yard
210 Lena Road 874,622 $U 5'`j 106,272 Z , 5.9 c{ R
San Bernardino
Big Bear Road Yard
N/O Hwy. 38 and Stanfield 0 17,106
Cutoff -- Z
Bi Bear Lake
Needles Service Center
5 Airport Road 68,484 &03, 28,467 z. G 8$Z
Needles
West Valley Service Center
126724 1h Street 129,523 Z. 50 S4_1 40,214
Rancho Cucamonga
County of San Bernardino Request for Proposal (RFP)N-31 Addendum No. 1
Purchasing Department Gasoline and Diesel Fuel Page 3 of 3
ATTACHMENT B— PRICE SHEET(S)
ESTIMATED CONSUMPTION
ESTIMATED ESTIMATED
LOCATION ANNUAL USAGE COST PER ANNUAL USAGE COST PER
(GALLONS) GALLON (GALLONS) GALLON
GASOLINE DIESEL
Calico Ghost Town
Interstate 15/Ghost Town Rd 4,157 2 . 693 0 --
Yermo
Glen Helen Regional Park
2555 Glen Helen Parkway 7,666 Z 61& 9 717 2. 60 I (P
San Bernardino
Moab! Regional Park
Interstate 15/Park Moabi 5,188 2, rJ F3 1,521 2 , 6 $ Z
Road
Needles
Prado Regional Park
16700 South Euclid Avenue 3,229 2 . 6 /74 600 z Z
Chino
Yucaipa Regional Park
33900 Oak Glen Road 3,335 2 . 514 y 1,768
Yucaipa
Trona Road Yard
80311 Trona Road 0 -- 6,806 . 7 1 F4
Trona
COST PER GALLON INCLUDES + OR— DISCOUNT, FREIGHT AND MARGIN AS OF 1-4-2011
1. 1 to 999 gallons 2 075—
Additional delivery charges for Tank Wagon Pricing 2. 1000 to 2499 gallons /77 5—
for the following breakpoints (if applicable) 3. 2500 to 4499 gallons 141 7 __
4. 4500 to 7499 . D
VOLUME REBATES: - /�
State any volume rebate which your company $500,000.00 L'1A _%
provides. Volume rebates shall be based on the total Purchases exceeding: $1,000,000.00 l4 %
purchases made by the County of San Bernardino in
one 1 calendar ear. $2,000,000.00 i9
The successful supplier will give priority to the County of San Bernardino for the delivery of fuel
during a disaster. Please describe your procedure below in brief detail for providing fuel to the
County/!/in the event of a disaster.
AS / l4e Cyr r C 74h Per-+ , rub r i-
�a rn e'
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 17 of 26
ATTACHMENT B— PRICE SHEET(S)
ESTIMATED CONSUMPTION "
LOCATION ESTIMATED ANNUAL DELIVERY DIFFERENTIAL
Big Bear Sheriff USAGE GALLONS COST PER GALLON
477 Summit Blvd. 172,471.0 ¢
Big Bear
Fontana Sheriff
17780 Arrow Blvd. 52,237.0 ¢
Fontana
Glen Helen Sheriff
18958 West Institution Road 36,860.0 ¢
Devore
Morongo Sheriff
6527 White Feather Road 162,637.0 ¢
Joshua Tree
Twin Peaks Sheriff
26010 Hwy. 189 147,527.0 ¢
Twin Peaks
Apple Valley Road Yard
1923 Joshua Road 85,510,0 ¢
.-Apple Valle
Baldy Mesa Road Yard
12397 Sycamore Street 127,796.0 ¢
Victorville
Barstow Road Yard
29802 Hwy. 58 40,376.0 ¢
Barstow
Chino Road Yard
7000 Merrill Avenue 21,181.0 ¢
Chino
Crestline Road Yard
23188 Crest Forest Drive 63,294.0
Crestline
Running Springs Road Yard
1920 Wilderness Road 14,213.0
Running Springs
San Bernardino Main Yard
210 Lena Road 1,048,950.0 ¢
San Bernardino
Big Bear Road Yard
N/O Hwy. 38 and Stanfield Cutoff 15,977.0 ¢
Big Bear Lake
Needles Service Center
5 Airport Road 95 625.0 ¢
Needles
West Valley Service Center
12672 4t'Street 220,659.0 ¢
Rancho Cucamonga
Calico Ghost Town
Interstate 15/Ghost Town Road 3,935.0
Yermo
i
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 18 of 26
ATTACHMENT B- PRICE SHEET(S) f
ESTIMATED CONSUMPTION V
LOCATION ESTIMATED ANNUAL DELIVERY DIFFERENTIAL
USAGE GALLONS COST PER GALLON
Glen Helen Regional Park
2555 Glen Helen Parkway 11,691.0
San Bernardino
Moabi Regional Park
Interstate 15/Park Moabi Road 7,123.0 ¢
Needles.
Prado Regional Park
16700 South Euclid Avenue 4,237.0 ¢
Chino
Yucaipa Regional Park
33900 Oak Glen Road 5,219.0 ¢
Yucaipa
Trona Road Yard
80311 Trona Road 6,681.0 ¢
Trona
Estimated Total Gallons 2,344,199.0 Total
(awAdditional delivery charges for
1. 1 to 999 gallons
Tank Wagon Pricing for the 2• 1000 to 2499 gallons
following breakpoints (if applicable) 3. 2500 to 4499 gallons
Discount OFF LA Terminal Daily CARB DIESEL %
Average UNLEADED REGULAR %
UNLEADED PREMIUM
VOLUME REBATES:
State any volume rebate which $500,000.00
your company provides. Volume purchases
rebates shall be based on the total $1,000,000.00 0
purchases made by the County of exceeding:
O
San Bernardino in one (1) calendar $2,000,000.00
ear.
The successful supplier will give priority to the County of San Bernardino for the delivery of fuel during
a disaster. Please describe your procedure below in brief detail for providing fuel to the County in the
event of a disaster.
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j County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 21 of 26
E
ATTACHMENT D— DENATURED ETHANOL
6
k
I
1, Specification Value Test Method
Ethanol, volume %, minimum 92.1 ASTM D 5501-94(1998)`_:1
Methanol, volume%, maximum 0.5
Solvent-washed gum, mg/100 mi, 5.0 ASTM D 381-00 air etapparatus
maximum. 1 PP
Water content, volume%, max. 1 ASTM E 203-96 or E 1064-00
Denaturant content,
volume %, minimum 1.96
Volume % maximum 4.76
The only denaturants shall be
natural gasoline, gasoline
components, or unleaded
gasoline.
Inorganic Chloride content, mass Modification of ASTM D512-
ppm (mg/1), maximum 40 (32) 89(1999),
Procedure C'
Copper content, mg/kg, max. 0.1 Modification of ASTM D1688-95,
Test Method A
I
Acidity (as acetic acid), mass % O,Q07 56 ASTM D 1613-96 1999 l
(mg/1), max. ( ) ( )
pHe 6.5 - 9.0 ASTM D 6423-99
Visibly free of suspended or Determined at indoor ambient
Appearance precipitated contaminants (clean temperature unless otherwise
and bright) agreed upon between the supplier
and purchaser
Note 1: The modification of ASTM D 512, Procedure C consists of using 5 mi of sample diluted with 20 ml of water in
place of the 25 ml sample specified in the standard procedure. The water shall meet ASTM D 1193, Type Il. The volume
of the sample prepared by this modification will be slightly larger than 25 mi. To allow for the dilution factor, report the
chloride ion present in the fuel ethanol sample as the chloride ion present in the diluted sample multiplied by five.
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 22 of 26
ATTACHMENT E - FUEL SITE LOCATION AND EQUIPMENT LIST
LOCATION FUEL TYPE CAPACITY GALLONS
Big Bear Sheriff
477 Summit Blvd. Unleaded—Two (2) Nozzles 10,000
Big Bear Diesel 10,000
909.866.0100
UST—Joor Manufacture, Dispensers-Bennett, Twin (single dispenser), Balanced System, Veeder-Root UST
Tank Monitoring System
Fontana Sheriff
'j 17780 Arrow Blvd. Unleaded—Two (2) Nozzles 10,000
Fontana Diesel 10,000
" 909.387.2828
UST—Joor Manufacture, Dispensers-Bennett, Twin (single dispenser), Balanced System, Veeder-Root UST
Tank Monitoring System
Glen Helen Sheriff
'{ 18958 West Institution Road Unleaded—One (1) Nozzle 3,000
Devore
AGST—Trusco Manufacture, Dispenser- Fill-Rite (sin le hose), Balanced System
Morongo Sheriff
6527 White Feather Road Unleaded—Two (2) Nozzles 20,000
'i Joshua Tree Diesel 10,000
760.366.4175
UST—Joor Manufacture, Dispensers-Bennett, Twin (single dispenser), Balanced System, Veeder-Root UST
Tank Monitoring System
!i Twin Peaks Sheriff Unleaded—One(1) Nozzle 3,000—Tank 1
26010 Hwy. 189 Unleaded—One(1) Nozzle 3,000—Tank 2
Twin Peaks Diesel 3,000—Tank 3
909.336-0600
AGST—Convault, Dispensers— Fill-Rite two, single hose), Balanced Sys em
Apple Valley Road Yard
1923 Joshua Road Unleaded—One (1) Nozzle 6,000
Apple Valley Diesel 6,000
760.247.8208
AGST—Trusco, Dispensers—Fill-Rite(single hose), Balanced System
Baldy Mesa Road Yard
12397 Sycamore Street Unleaded—One (1) Nozzle 10,000
Victorville Diesel 10,000
760.949.0335 1 1
AGST—Trusco, Dispensers—Fill-Rite (sin le hose), Balanced System
Barstow Road Yard
29802 Hwy. 58 Diesel 500
Barstow Diesel 500
760.256.3631
AGST—Convault, Balanced System
Chino Road Yard
7000 Merrill Avenue Unleaded—One (1) Nozzle 3,000
Chino Diesel 6,000
909,597.6270
AGST— Convault, Dispenser Fill-Rite (single hose), Balanced System
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 23 of 26
ATTACHMENT E - FUEL SITE LOCATION AND EQUIPMENT LIST
LOCATION FUEL TYPE CAPACITY GALLONS
Crestline Road Yard
23188 Crest Forest Drive Unleaded—One (1) Nozzle 10,000
Crestline Diesel 10,000
909.338.2140
AGST—Trusco, Dispenser—Fill-Rite (sin le hose), Balanced S stem
Running Springs Road Yard
1920 Wilderness Road
Running Springs Diesel 1,500
909.867.3683
AGST—Trusco, Dispenser— Fill-Rite (single hose), Two Dispensers, Balanced System
San Bernardino Main Yard Unleaded—Two (2) Nozzles 20,000
210 Lena Road Unleaded —Two (2) Nozzles 20,000
San Bernardino Diesel—Two (2) Nozzles 10,000
909.387.2828 Diesel 10,000
UST—Joor, Dispensers— Dresser Wayne and Bennett Twins (six dispensers), Balanced System, Veeder-Root
UST Tank Monitoring System
Big Bear Road Yard
N/O Hwy. 38 and Stanfield Cutoff
Big Bear Lake Diesel 6,000
909.866.2167
AGST—Trusco, Dispenser—Fill-Rite (sin le hose), Balanced System
Needles Service Center
5 Airport Road Unleaded—One (1) Nozzle 10,000
Needles Diesel 10,000
760.326.4117
AGST---,.Trusco, Dispenser— Fill-Rite (single hose), Balanced S stem
West Valley Service Center Premium—Two (2) Nozzles 12,000
12672 4 Street
Rancho Cucamonga Unleaded—Two (2) Nozzles 20,000
909.463.5127 Diesel 12,000
UST—Joor, Dispensers-Bennett-Twin (two dispensers), Balanced System, Veeder-Root UST Tank Monitoring
S stem
i
Calico Ghost Town
Interstate 15/Ghost Town Road
Ye mo Unleaded—One (1) Nozzle 500
760.254.2122
AGST—Convault, Dispenser-Fill-Rite (single hose), Balanced System
Glen Helen Regional Park
2555 Glen Helen Parkway Unleaded—One (1) Nozzle 500
San Bernardino Diesel 500
909.880.2522
AGST—Trusco, Dispenser— Fill-Rite (single hose), Balanced System
E760.326.3831 nal Park
/Park Moabi Road Unleaded—One (1) Nozzle 1,000
Diesel 1,000
AGST—Convault, Dispenser—Fill-Rite (single hose), Balanced System
r
5
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 24 of 26
ATTACHMENT E - FUEL SITE LOCATION AND EQUIPMENT LIST
LOCATION FUEL TYPE CAPACITY GALLONS
Prado Regional Park
16700 South Euclid Avenue Unleaded—One (1) Nozzle 1,500
Chino Diesel 1,500
909.597.4260
AGST—Hoover, Dispenser— Fill-Rite(single hose), Balanced System
Yucaipa Regional Park
33900 Oak Glen Road Unleaded—One(1) Nozzle 500
Yucaipa Diesel 500
909.790.3127
AGST—Trusco, Dispenser— Fill-Rite (single hose), Balanced System
Trona Road Yard
80311 Trona Road Diesel 1,000
Trona
AGST—Goodspeed, Gravity Feed no pump)
{ 'C[vC�z �r W
1 E s el t6'4y4'
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County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 26 of 26
EXAMPLES OF GREEN ATTRIBUTES EXAMPLES OF CERTIFICATION AND/OR ACCREDITATION
Biobased Certified Approved Product(AP) Non-Toxic
Biodegradable Ecologo Certified
Carcinogen-free Energy Star
Electronic Product Environmental Assessment Tool(EPEAT)
Chlorofluorocarbon (CFC)-free program
Compostable Forest Stewardship Council Certified
Energy efficiency Green Seal Certified
Lead-free Greenguard Certified
Less hazardous Scientific Certification Systems(SCS)
Low toxicity
Mercury-free
Persistent bioaccumuiative toxin(PBT)-free
Rapidly renewable
Rechargeable
Recyclable
Recycled content
Reduced greenhouse gas emissions
Reduced packaging
Refill/refillable
Reman ufactured/refurbished
Renewable materials
Responsible forestry
Upgradeable
Water efficienc
srw�iz�nA,;'
Request for Proposal (RFP) N-38
Gasoline and Diesel Fuel
Addendum No.1 December 21, 2010
This Addendum is intended to provide additional information and/or to change the requirements
in the above-referenced RFQ. Any information contained herein will be considered part of the
RFQ and as such will be used in the evaluation of the proposal responses.
ADDENDUM DESCRIPTION:
Pagel: Change to
Before: Thursday, January 20, 2011, 2:00 PM
Page 2, Paragraph B-Proposal Return: Change to:
Due on or before: Thursday,January 20, 2011, 2:00 PM
Page 5, Paragraph AA- Pricing: Change to:
a. Invoicing will be based on the Oil Price Index Service (OPTS) daily Colton
unbranded rack average a.m. post plus the delivery differential. The delivery
differential cost per gallon includes + or-discount, freight, and margin.
Page 5, Paragraph A.5-Usage Reporting: Delete the second paragraph reads:
The successful supplier will be responsible for providing the LA Mid Spot prices to the
Fleet Management Department via Email Excel spreadsheet for each day, Monday
through Friday. The spreadsheet (one spreadsheet for Tank Wagon and one for Truck
and Trailer) shall break down the price per gallon for each fuel facility for both gasoline
and diesel.
Please see the attached revised Attachment B- Price Sheet(s) to be included with your bid.
,i CALIFORNIA STATE BOARD OF EQUALIZATION
N ??' BROKER`S LICENSE
ACCOUNT NUMBER
7-80 MB AH 08-005436
POMA DISTRIBUTING CO., INC.
571 W. SLOVER AVENUE
BLOOMINGTON, CA 92316
i J
IS HEREBY LICENSED PURSUANT TO THE MOTOR VEHICLE
FUEL LICENSE TAX LAW TO CONDUCT THE BUSINESS OF
BROKER OF MOTOR VEHICLE FUEL.
STATE BOARD OF EQUALIZATION
THIS LICENSE IS VALID UNTIL CANCELLED
OR REVOKED AND IS NOT TRANSFERABLE,
ST-442-B REV, 6(9.86)
1
of
CALIFORNIA STATE BOARD OF EQUALIZATION
d WHOLESALER USE FUEL TAX PERMCf
fw EH 16- )A0317
ACCOUNT NUMBER
- ------------------------
P011A DISTRIBUTING CQ. , INC.
P-0.80X 5728
SAN BERN„P,D E NO CA 92412
L
is hereby authorized pursuant to the Use Fuel Tex Law to sell fuel subject to the use
fuel tay-
BT-442-FW(12-91) This permit is valid unlit revokA 3T cancelled,but is not transfemble.
DISPLAY CONSPICUOUSLYAT THE PLACE OF HUSINESS FOR WHICH ISSUED
fir.. ,
CALIFORNIA ST'XTE BOARD OF EQUALIZAT1Oia
S,ELLER'S. PERMIT t
E
of
ACCOUNT NUMBER
THIS PERMIT DOES SR EH 23-682255
NOT AUTHORIZE THE
HOLDER TO ENGAGE
IN ANY BUSINESS POMA DISTRIBUTING CO INC
CONTRARY TO LAWS
REGULATING THAT 571 W SLOVER AVE
t BUSINESS OR TO
PossESS OR RIALTO, CA
OPERATE ANY IL-
LEGAL DEVICE.
L
IS HEREBY
ENGAGE AUTHORIZED
IN SALES
HE BUSIN SS OF SELLING
TO TANGIBLE PERSONAL
•{ PROPERTY AT THE ABOVE LOCATION
THIS PERMIT IS VALID UNTIL REVOKED OR CANCELLED BUT IS NOT TRANSFERABLE. W YOCi
SELL YOUR BUSINESS, OR DROP OUT OF A PARTNERSHIP. NOTIFY US OR YOU COULD BE
RESPONSIBLE FOR SA ES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS.
Not volid at any oiler address
HT-442-R REV.10(6_90) • j�- `�
K
�� DISPLAY CONSPICUOUSLY AT THE PLACE OF BUSINESS FOR WHICH ISSUED qp 899g2
Attachment "2"
14 1RCHASING DEPARTMENT COUNTY OF SAN BERNARDINO
y S4N BLk NARAl40
tj 1
777 East Rialto Avenue • San Bernardino,CA 92415.0760 (909)387-2060 LAURIE ROZKO
Fax (909)387-2666 Director
March 7, 2011
Portia Distributing Company, Inc.
571 W. Slover Ave
Bloomington, Ca. 92316
Attn: Tim Wolthuis
RE: RFP N-38 Gasoline& 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 & Diesel Fuel for the
County of San Bernardino. The contract shall begin on March 7, 2011 and extend thru
February 28, 2014 per the terns and conditions of the contract.
If you have any questions,please feel free to call me at (909) 387-2233.
Sincerely,
Pam Buseemi
Deputy Purchasing Agent
Cc: File
Cc: Fleet Management
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