HomeMy WebLinkAbout2011-1401
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RESOLUTION NO. 2011-140
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-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.
WHEREAS, Poma Distributing Company currently has an agreement with the
County of San Bernardino for the purchase of gasoline and diesel fuel; and,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Poma Distributing Company, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a purchase order to Poma Distributing
Company in the amount of $2,000,000 for FY 11-12.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Poma Distributing Company for the purchase of gasoline and diesel fuel.
Agreement not to exceed $2,000,000 in FY 11-12" and shall incorporate the terms and
conditions of the agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $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.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
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2011-140
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a Juint regular
meeting thereof, held on the zocn
following vote, to wit:
Council Members:
MAROUEZ
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
AYES
x
x
x
x
x
x
day of June 2011, by the
The foregoing resolution is hereby
-June ,2011.
Approv d as to Form:
By: _ ~
J es F. Penman, City Attorney
NAYS ABSTAIN ABSENT
Rachel G. Clark, City Clerk
approved this ti3~ day of
t ck J. Morris, yor
City of San Bernardino
2011-140
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of June 2011, by and
between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and
WHEREAS, this purchase is exempt from the formal contract procedures of Section
3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
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approved by the Mayor and Common Council;" and,
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attachments "1, 2 and 3" and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $2,000,000, for gasoline and diesel fuel.
h. No other expenditures made by VENDOR shall be reimbursed by C[TY.
3. TERM; TERMINATION.
The term of this agreement shall be from July 1, 2011 through ,Tune 30, 2012, with three
(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1, 2012 through June 30, 2013. Option year two, if exercised, shall be effective July 1,
Exhibit "A"
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2013 through June 30, 2014. Option year three, if exercised, shall be effective July 1, 2014
through June 3Q 2015.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
Exhibit "A"
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work render this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
fi. NON-DISCRIMINATION.
1n the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
Exhibit "A"
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
9. ATTORNEYS' FEES.
Public Works Director
300 Narth "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Poma Distributing Company
571 W. Slover Ave.
Bloomington, CA 92316
Telephone: (909) 877-2441
Contact: Tim Wolthuis
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Exhibit ``A"
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of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in comiection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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Exhibit "A"
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
BETWEEN POMA DISTRIBUTING COMPANY AND THE CITY OF SAN
BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: , 2011
Poma Distributing Company
By:
Its:
Dated , 2011
CITY OF SAN BERNARDINO
By:
Charles E. McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of June 2011, by and
between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino")
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and
WHEREAS, this purchase is exempt from the formal contract procedures of Section
3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases
approved by the Mayor and Common Council;" and,
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attachments "1, 2 and 3" and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $2,000,000, for gasoline and diesel fuel.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from July 1, 2011 through June 30, 2012, with three
(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1, 2012 through June 30, 2013. Option year -two, if exercised, shall be effective July 1,
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2013 through June 30, 2014. Option year three, if exercised, shall be effective July 1, 2014
through June 30, 2015.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents ar
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work ar performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR ,shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and .other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
9. ATTORNEYS' FEES.
Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Poma Distributing Company
571. W. Slower Ave.
Bloomington, CA 92316
Telephone: (909) 877-2441
Contact: Tim Wolthuis
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incun-ed by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of lus office shall be
calculated. based on market rate for comparable services.
10. ASSIGNMENT.
VENDOR shall not vohmtarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
I1. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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l6. ENTIRE AGREEMENT; MODIFICATION.
This. Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
BETWEEN POMA DISTRIBUTING COMPANY AND THE CITY OF SAN
BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: ~ ~ ~ , 2011
Dated ~ , 2011
>~
Poma Distributing Company
By: ~~'`~''~_~.
Its: '~Z'' ~_ .~,~'~~-
CITY O AN BERNARDIN
B.
ar s E. Mc eely, Ci Ma alter
Approved as to Form:
James F. Penman, City Attorney
Attachment "1"
REQUEST FOR PR D;S~4L~.<_./, ~
COUNTY OF SAN BERNARDINO .`^.
PURCHASING DEPARTMENT '°`',i~ ~ ~,(e .•:•~ ~`~
Materials: GASOLINE AND Ec~ L F ~~`~~
c `-' ~
To Be Delivered To: VARIOUS LO AT~S d?
t ~~/,r.~~~` dry ~~~
For further information, call: Par~it~tl cemiC~„ ~,,,_
Date: December 1, 2010
~P~ge No. 1 of 26 Pages
2011-140
Proposal No. N-38
Submit each individual proposal in separate sealed envelope with
proposal number marked on outside to
County Purchasing Agent
777 East Rialto Avenue
San Bernardino, CA 92415-D760
C'j BEFORE: Thursday, January 6, 2011, 2:D0 PM
{9()9)
i. All prices and notations must be typewritten or printed rn ink. No erasures
permitted. Mistakes may be crossed out and corrections made adjacent,
and must be initialed in ink by person signing quotation.
2. State brand, or make, on each item. If quoting an article exactly as
specified, the words `or equal" must be stricken out by the vendor. If
quoting on other than make, model or brand specified., ?he manufacturer's
name and the catalog number must be given, or descriptive cut and
information attached to the quotation.
3. Quote on each item separately. Prices should he stated in units specified.
4. Each quotation must be in separate sealed envelope with proposal number
on outside, and must be received by County Purchasing Agent, 777 East
Rialto Avenue, San Bernardino, CA 92415-0760 not later than fhe hour and
day specified hereon, at which time it will be publicly opened and read. For
the purposes of this proposal, fhe time specified will be as defined by the
offidal time clock located in the Purchasing Department. Late or
incomofete orooosals will not be accented.
5. Time cf delivery is a part cf the consideration and must be stated in definee
terms, and must be adhered fo. If time varies on different items, the vendor
shall so state in fhe column provided, apposite each item.
6 Terms of less than 30 days for cash discount will be ccnsidered as net.
7. All quotations must be signed with the firm's name, by a responsible officer
or employee. Obligations assumed by such signatures must be fulfilled.
6 Unless ethervise definitely specified, the prices quoted herein do not
include Califomia Sales Tax.
9. No charge for pacY.ing, drayage, or for any other purpose vidl be allowed
over and above the prices quoted on this sheet.
10. The right is reserved, unless otherwise stated, to acceptor reject any or all
quotations, or any part thereof, either separately or as a whole, or to waive
any informality in a proposal.
11. 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 (actor into a decision as to which
products provide the best overall value to the County.
12. Samples of items, when required, must be furnished free of expense to the
County; and if not destroyed by tests, will upon request be returned at
vendor's expense. Vendors shall pick up their items within five days after
they have been notified that the testing has been completed. Items not
picked up wiR be disposed of at the discretion of the Purchasing Agent.
13. In case of defauif by the vendor, the County of San t3ernardino may
procure the product(s) from other sources and may deduct from unpaid
balance due the vendor, or may collect against the bond of surety, or mat!
bill for excess costs so paid, and the prices paid by the County of San
Bernardino shall be considered the prevailing market prices paid at the lime
such purchase is made,
14. All freight charges must be itemized separately on all responses to this
RFP. If shipping cost is included in the product unit cost, deduct (he
amount added for shipping and show it as a separate line item. Freight
terms to be FOB destination.
15 Cost of transportation, handling, and/or inspection on deliveries, or offers
for delivery, which do not meet speGfications, will be for the account of the
vendor.
16. The vendor shalt hold the County of San Bernardino, its officers, agents,
servants and employees, harmless and defend same from liability of any
nature or kind nn account of use of any copyright or uncopyrighted
composition, secret process, patented or unpatented invention, article, or
appliance furnished or used under this quotation.
17. PRICES QUOTED F.O.B. DESTINATION UNLESS OTHERWISE
STATED.
INS AND CONDITIONS
16. Neither party will be held liable for failure or delay in fulfllimanl if hindered
or prevented by fire, strikes, or Acts of Gad.. (Force Majeure)
19, Quotations are subject to acceptance at any time within 60 days after
cpenirg of same, unless otherwise stipulated-
2D. Verify your quotations before submission, as they cannot be withdrawn or
corrected after being opened.
21 RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE. If
you co not quote, state your reason, othenwse your name may be removed
from the mailing list.
22 Accounts paid for transportation of property to the County of San
8ernardina are exempt from Federal Transporfaticn Tax. An exemption
certificate is not required where the shipping papers show the consignee as
San Bernardino County, as such papers may be accepted by the carrier as
proof of the exempt character of the shipment.
23. To be ccnsidered, each vendor must have an approved Vendor Application
on file with the Purchasing Department Vendors must have registered
online through the County Websile at hhrr~.riwv.~wsbcounN.aoa/ourchasinal.
24. The Vendor agrees to comply with Executive Orders 11246, 11375, 11625,
12135, 12432. 12250, Title Vll of the Civil Rights Act of 1964, the Califomia
Fair Employment Practice Act, Equal Employment Opportunity, San
Bernardino County Emerging Small Business Enterprise program, and
other applicable Federal, State, and County laws, regulations, and policies
relating to equal employment and contracting opportunities, including laws
and regulations hereafter enacted. The articles covered by the quotation
mus{ conform to safety orders of OSHA, CALOSHA and/or NIOSHA, and
OSN-POD.
25. Assignment of the contract by the vendor to other supplierslcontractors
must be approved by the Purchasing Agent.
26. Prevailing Wage Laws (if applicable)
By its execution of this Agreement, Contractor certifies that it is aware of
the requirements of California Labor Code Sections 1720 et seq. and 1770
et seq. ,4s well as California Code of Regulations, "title 8, Section 16000 et
seq. ('Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects If the Services are being performed as
pan cf an applicable 'public works" or "maintenance" project., as defined by
the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Vendor aarees to fully comply with such Prevailing Wage Laws. Vendor
shall make copies of the prevailing rates of per diem wages for each craft.
classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Vendors
principal place of business and at the project site. Vendor will also adhere
to any other applicable requirements, including but not limited to, those
regarding the employment of apprentices, travel and subsistence pay,
retention and inspection of payroll records, workers compensation and
forfeiture of penalties prescribed in the Labor Code far violations. Vendor
shall defend. indemnify and hold the County. its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply
with Prevailing Wage Laws.
27 Confict of Interest: Your signature hereon certifies that no County
employee, whose position in the County service enables [hem to influence
any a~,vard of your offer or any competing offer, shall have any direct or
indirect financial interest in any lransacticn resulting from this request for
proposal
26. 'Jerdors making delivery or providing services on County premises shall
carry IiabiGty insurance and Worker's Compensation coverage in
accordance with the County's Standard Practice requirements.
The following must be filled in by the contractor in submitting his proposal:
Date ~ ~Z U ~ Z O
Delivery will be made in ~~ days
from receipt of order unless otherwise noted.
Cash Discount Terms N /~-
Signed By
(rev. 9110}
Company ~ O/s'f ~} // i j 1`-/`i dk.ffYt j' L (r»~Qwvt y .~`
Address .S7 ~ ~• ~ / vUYr' ,/~~'C
City ~ State _/,~~~++`•y'~ i ~~ Zip ~' 3 ~~
p G > G>
Telephone No. 7(..,.___ D _L...._) / ~ ~ •"•' z yL~~
2011-140
County of San, Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diese[ Fuel Page 2 of 26
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.
li. INSTRUCTIONS TO VENDORS
A. GENERAL WFORMATION
Vendors shalt 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 Rernarriinn, C:A A241, 5-(17Fn
Attn: PAM BUSCEMI, Deputy Purchasing Agent
Due on or before: Thursday, January 6, 2011, 2:00 PM
C. PRE-BID MEETW G
The San Bernardino County Purchasing Department will hold apre-bid conference on Tuesday, December 14,
2090 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(a~pur.sbcounty-gov 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 Shee#{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 con#rol 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 o#her local
agencies.
G. PROPOSAL PREPARATION INSTRUCTIONS
Bids must be typed OR writfen legibly in ink, Erasures and "white-out" are not permifted. Mistakes may
be crossed out, corrections fyped 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 t11e 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
proposal.
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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 any#ime within 9Q 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
o 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 wi(I be given preference over
those of#ering 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
Purchasing Agent be#ore 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
considered. The County may enforce, adjust, or cancel escalating price contracts as it sees fit. The net dollar
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
the same or substantially similar items or services for comparable quantities under similar terms and conditions.
The County retains the right to rebid the contract if, in the opinion of the County, prices become too high.
M. COMPLET[ON 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
County reserves the exclusive right to accept or reject any item. If there is a discrepancy between brand or
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 °AIS".
Indicate if there is a minimum quantity required with order. If unable to quote on an item, specify "No Bid".
2011-140
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 fo over-contract. Quantities herein are an estimate and are not a guarantee of any quantity purchase as
a result of this proposal.
O. pURCI-IASE 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 son#: ~/~
III. CONTRACT REQUIREMENTS
A. GENERAL
1. DELIVERY SERVICE
a. Delivery shall be made to point as specified to each County address and depar±ment 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 designa#ed locations by the
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 fisted 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. 1f 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 ail 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
2011-140
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).
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 Mo#or 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.
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 wil( 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.
1. PRICING
a. Invoicing will be based on the Oil Price Index Service (OPIS) 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 OPIS 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 bleak 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 aper-gallon and total sales for
each County location. Reports shall be submitted on asemi-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
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.
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Purchasing Department Gasoline and Diesel Fuel Page 6 of 26
8. STOCK ADJUSTMENTS/RETURNS
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 in#ormation 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. Al( 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 requiremen#s 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 shat! not offer (either directly or through an intermediary) any improper consideration such as, but not
limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any
officer, employee or agent of the County in an attempt to secure favorable treatment regarding the award of
this proposal.
The County, by written notice, may immediately terminate any contract resulting from this proposal process if
it determines that any improper consideration as described in the preceding paragraph was offered to any
officer, employee or agent of the County with respect to the proposal and award process. This prohibition
shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Vendor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly
or through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor
or manager charged with supervision of the employee or to the County Administrative Office. In the event of
a termination under this provision, the County is entitled to pursue any available legal remedies.
13. CONFIDENTIALITY
During the term of the Contrac#, 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 excep# to
the extent that: it was generally known when received; it is or hereafter becomes lawfully obtainable from
2011-140
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Purchasing bepartment 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. [f deemed necessary,
any background checks will be at Vendor's expense. County will invoice the Vendor for casts 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. 1f such termination is effected, an equitable adjustment in the price provided for in this contract
shall be made. Such adjustment shall provide for payment #o the Vendor for services rendered and expenses
reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Vendor shall
promp#ly 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 Governmenta{ 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
Governmer~tai 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. INDEMNtFICATIONRND 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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County of San Bernardino Request for Proposal RFP No. N-38
Purchasi~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 foss or claim. The
Contractor hereby waives all rights of subrogation against the County.
Policies Primary and Non-Contributory - A11 policies required herein are to be primary and non-contributory
with any insurance orself-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 far 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 sha0 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
2011-140
Gounty of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 9 of 26
specified requirements, the Contractor agrees to amend, supplemen# or endorse the existing coverage to do
so. The types} 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' CompensationlEmployers Liabiiity - 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 wilt 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.
Gommercial/General Liabiiity 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, anon-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
or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injurylproperty
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. R1CNT TO MONITOR AND AUDIT
The County shall have absolute right to review and audit all records, books, papers, documents, corporate
minutes, and other pertinen# i#ems 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
confirmation is given five (5} days thereafter. Vendor shall remedy any deficiency within forty-eight (48} hours
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 sti11 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 flied 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. MODIFICATlON5
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 ar
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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Purchasing Department Gasoline and Diesel Fuei Page 11 of 26
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.
3'I. 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 athird-party legal action against a party hereto and payable under Section
C Terms and Conditions, Indemni#ication 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 {aw 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 caws, 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 himlher to influence any award of this contract or any competing offer, shall have any direct or
indirect financial interest resulting #rom the award of this contract or shall have any relationship to the vendor
or officer or employee of the vendor.
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 loco[ preference policy (County Policy 11-12), "principal puce 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/RFBIQuote 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
.,. 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 loco( 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 ~ 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 aroyalty-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. Ail 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 con#ract 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 Diese! FueE 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 repor#ing regs_rirements of the California Integrated Waste Management
Act of 1989 (A8939), 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 of#icials 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 adrug-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 aDrug-Free Awareness Program as required by Government Code Section 8355(b) to inform
employees about ail of the following:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining adrug-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, a[I 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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Purchasing Department Gasoline and Diesel Fuel Page 14 of 26
50. AMERICAN RECOVERY AND RE[NVESTMENT 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, alterat'son, maintenance or repair of a public
building or public work (both as defined in 2 CFR 176.140} unless ail 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) lron, steel or relevant manufactured goads 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 o€ a character similar in the
locality as determined by the Secretary of Labor in accordance with the bavis-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 fulfi[I 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 #o have its subcontractors also register in the same database.
Contractor must contact the County with any questions regarding registration requirements.
5chedute 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 €ully 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 alt non-Federal contractors, including the State, and all contractors o€ 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
2011-140
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
competi#ion for or negotiation of a contract) awarded or issued relating to ARRA funds.
2011-140
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuet Pa e 16 of 26
ATTACHMENT A - REFERENGES
List three (3) government agencies or private sector companies of equal size and scope to whom you have
supplied Pike product within the last five {5) years.
AgencyName:_ --~ou.w~y ~ ~qr,~ ~er'~tar~~~nt~
Address: ~7 7 C. >~~ ~.L-t-o ~~~~~,~ S~„ '~ilccr~risa ~ C,4 RZ~~S-~7~o
Contact Person: _ ~~ ~ ~ u SG _~ ~
Telephone No.: { `{~ 1 } 3S "7- 2 Z 3 3 Fax:
Number of years your company has provided this prnduct to this customer:_ i 5~ .~ wr« c~
Agency Name: ~ ~~-~...~-~,r- }~ }-~ -~-~,-~~ `` ~"~~2~k"~c ~,
Address: ~~~'~ IJ~~ 150 `~ ~-vti i'~.~'~>-;tic_v-~~,t:tcl ("~ %Z'`~G%~
Cnntact Person: ~',~ i`~~~ l °`~ ~`~ ~' ~ u c°
Telephone No.: (l~G~) ~~'_~, - ~/~ /~ Fax: ()
Number of years your company has provided this product to this customer: l %~ ~ yr ~l'
Agency Name: %~~~.-~eC ~ ~ `~~-~e ~.t r„~~ 5~~~r~: €'
AddreSS: ~`{G''(i ~~t~fir~ ~-~y~. ~~l~Gi C-' ~im~-~~~ 1~~:~ ~LS.~J~.
Contact Person: ~~,~ ~r_ f~~;;G~ ~ S
Telephone No.: (`C~ ~ } ~~~ ~~~~ ~/ ~ Fax: ( ~ ) J~G _ ~~ ~ ~
Number of years your company has provided this product to this customer: % ~~ ~ I tr>r~
Submission of this document constitutes permission to the Goun#y to check, verify, and have certified
all of the information contained herein.
2011-140
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Purchasing Department Gasoline and Diesel Fuel Page 2 of 3
L1TT'~CI-IMFt~IT R _ DC~Ir~~ CuCCrtc-
ESTIMATED CONSUMPTION ,
ESTIMATED ESTIMATED
LOCATION ANNUAL USAGE COST PER ANNUAL USAGE COST PER
(GALLONS) GALLON (GALLONS} GALLON
GASOLINE DIESEL
Big Bear Sheriff
477 Summit Blvd. 120,556 ~ C~ 2 ~--~ (~ 47,001 Z
G p ~j ~
Bi Bear .
Fontana Sheriff
17780 Arrow 8fvd. 25,269 Z S ~ ~ l 19,530 Z , S ~ $ la
Fontana
Glen Heien Sheriff
18958 West Institution Road 31,544 ~, , 5 t 2, 5 994 ~ S~ ~ ~
Devore
Morongo Sheriff
6527 White Feather Road 127,194 2 , 533 $ 34,456 ~ . G t g''J
Joshua Tree
Twin Peaks Sheriff ~
26010 Hwy. 189 105,065 ~ . ,sc ~ ~ ~ 41,148 G o Z 'T
Z
Twin Peaks .
Apple Valley Road Yard
1923 Joshua Road 51,554 z. ~ 1 55 29,309 Z
G Ud 7
A le Valle _
8aldy Mesa Road Yard
12397 Sycamore Street 80,171 Z , S t ~~ 45,779
~
z .559 Z
Victorville
Barstow Road Yard
29502 Hwy. 58
B 0
~
~
: 33,554 ~, , G l ~ Z
arstow !/
~
Chino Road Yard
7000 Merrill Avenue 16,710 ~ ~ t ,-~ 3 4,075 2 . G d Z 5
Chino
Crestline Road Yard
23188 Crest Forest Drive 38,556 2 ~- ~ ~ Z 25,327 G o 3 y
2
Crestline ,
Running Springs Road Yard
1920 Wilderness Road 0 .._._. 13,014 ? G p ~`r~
Runnin S rin s
San Bernardino Main Yard
210 Lena Road 874,622 ~ , 5U 5 `-( 106,272 Z 5'ct y
San Bernardino
Big Bear Road Yard
N/O Hwy. 38 and Stanfield
Cutoff 0
.---_ 17,106
~ ~ ~ ~ 2, ~
Bi Bear Lake
Needles Service Center
5 Airport Road 68,484 z . ~ Q 3 28,467 ~ . G 8S Z-
Needles
West Valley Service Center
12672 4`h Street 129,523 z . ~p 5L-~ 40,214 l ~ , ~ D ~ ~'
Rancho Gucamon a
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Purchasing Department Gasoline and Diesel Fuef Page 3 of 3
ATTACHMENT B -PRICE SHEET(S)
EST[MATED 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 ~ , 5 ~ ~ 0 ---
Yermo
Glen Helen Regional Park
2555 Glen Helen Parkway 7,666 Z , 5 jG ~I 717 ~ . (~ v 1 (p
San Bernardino
Moabi Regional Park
Interstate 15/Park Moabi 5 188 2, '~ S'3 1,521 Z . ~ ~ ~ Z
Road
Needles
Prado Regional Park
16700 South Euclid Avenue 3,229 Z , 5' I ?l,. 600 2 , ~o Z ~{
Chino __
_
Yucaipa Regional Park
33900 Oak Glen Road 3,335 2 , S'/ (r ~{ 1,768 Z , ~ v /Ca
Yucai a
Trona Road Yard
80311 Trona Road 0 -•-~ 6,806 ~, 7 l ~Z,
Trona
COST PEi; C~OLLO~! iNCL't.~~ES ~ OR - D1SCOt~ NT, FRP;t;~f-i i ,f~J~? 1trt~iRG[~ ~,S OF ~i-4-20 i 1
~ 1. 1 to 999 gallons
2075~
Additional delivery charges for Tank Wagon Pricing j 2. 1000 to 2499 gallons ~ `,~~ ,5-
for the fol{owing breakpoints (if applicable) 3. 2500 to 4499 gallons ~y ~ s--
4. 4500 to 7499 D
VOLUME REBATES:
$500,000.00
i/~f+
State any volume rebate which your company
d
th
t
t
l
V
l
b
t
h
ll b
b
id Purchases $1 000
000
00 ~
ase
on
e
o
a
ume re
a
es s
a
e
prov
o
es. .
,
exceeding:
purchases made by the County of San Bernardino in
$2,000,000.00 °
i9 /°
'
one 1 calendar 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
in the event of a disaster.
Count
/
/1 FiS ~7 rt-n 7L~t CCtSC iir ~ ~S~ Lr Eta o .'rt~'~<
r
-
/n~
5 2'i' r+
/~O /'T'1 <i / r Lt k h /
+~
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rt Y f"Y /~'
/
4 k ' ~-. r~ r ., • ~ f
2011-140
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diese[ Fuel Page 17 of 26
ATTACHMENT B -- PRICE SHEET(S) l
ESTIMATED CONSUMPTION
i ESTIMATED ANNUAL DELIVERY DIFFERENTIAL
LOCATION USAGE GALLONS COST PER GALLON
Big Bear Sheriff
477 Summit Blvd. 172,471.0 ¢
Bi Bear _
Fontana Sheriff
17780 Arrow Blvd. 52,237.0 ¢
Fontana
Glen Helen Sheriff i
18958 Wes# Institution Road 36,860.0 ¢ i
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 ¢
A 1e Valley
• Baldy Mesa Road Yard
12397 Sycamore Street 127,796.0 ¢
Victorville
Barstow Road Yard
29802 Hwy. 58 40,376.0 I ¢
!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 ¢ '
Runnin Sprin s
~ 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 i
Needles Service Center
5 Airport Road 95,625.0 ¢
Needles
West Valley Service Center
12672 4'h Street 220,659.0 ¢ ~
Rancho Cucamon a
Calico Ghost Town
Interstate 15/Ghost Town Road 3,935.0 ¢
Yermo
2011-140
County of San Bernardino
Request for Proposal
Gasoline and Diesel Fuel
RFP No. N-38
Page 18 of 26
Purch
rtment
ATTACHMENT B -PRICE SHEET(S) ~`~J
ESTIMATED CONSUMPTION
ESTIMATED ANNUAL DELIVERY DIFFERENTIAL
LOCATION 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 Raad 7,123.0 ¢
Needles ~
Prado Regiona! Park
16700 South Euclid Avenue 4,237.0 ¢ ~
Chino
Yucaipa Regional Park
33900 Oak Glen Road 5,219.0 ¢
Yucai a
Trona Road Ward
80311 Trona Road 6,681.0 ¢
Trona
i
Estimated Total Gallons ~ 2,344,199.0 I Total
1. 1 to 999 gallons
Additional delivery charges far
Tank Wagon Pricing for the 2• 1000 to 2499 gallons
following breakpoints (if applicable)
I 3, 2500 to 4499 gallons
CARE DIESEL i
Discount OFF LA Terminal Daily
UNLEADED REGULAR °
/°
Average UNLEADED PREMIUM
%
I
'
VOLUME REBATES:
State any volume rebate which $500,000.00
your company provides. Volume
rebates shall be based on the total
Purchases $1.000,000.00
purchases made by the County of exceeding:
$2,000,000.00 °
/o
San Bernardino in one (1) calendar '
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 brie# detail for providing fuel to the County in the
event of a disaster. ~
I
County of San Bernardino
Purchasing Department
Request for Proposal
Gasoline and Diesel Fuel
RFP No. N-38
Paae 19 of 26
~ BRIEF SUMMARY: GARB Diesel Fuel Specifications and Test Methods revised 9111/08 ~
This summary is not a Eegal document and not intended to be used in lieu of the regulations but as an aid to understanding fhe specifications of the regulated fuel properties.
Designated
Equivalent Limits
CCR Section
CCR Section Diesel Parameter Test Method Specification 2282(h) Reproducibility
ASTM D2622-94 for D2622: 0.16{x)
2281 Sulfur Contentb'°'d Equiv: ASTM D5453-93 15 ppm 15 ppm for D5453: 0.2217(x)`92
Equiv: Canadian/CGSB-3.0, No.16.0-95, Method 5121
2282 Aromatic Hydrocarbon 10 v% 0.75 {x)o.z3
ASTM D5186-96 (with correlation equation)° 21.0 w%~
22$2(8) Contentb`'` small refiner: 20 v% (where X = Wt%)e
2282(h)
API Gravity ASTM D287-82
Ei
Equiv: ASTM D4052-96(2002}
not applicable
36.9° API (minimum}
0.5° API (at 60°F +18°)
at 25°C = 0.127 mm
2284 Lubricityb,°.d ASTM D6079-02 520 microns 52f1 microns at 60°C - 0.136 mm
2282(8) Below are additional parameters specified for Certified Diesel Formulations (alternative formulations):
Polynuclear Aromatic ASTM D5186-96 Specified in the ,, °,
v.5 LV /n for x < 5.0 w%: 0,47 (x)o.ae
° 5D
Hydrocarbon Content (PAH) formulation. for x > 10 w%: 1.77 (x)
Nitrogen Content ASTM D4629-96 Specified in the 500 ppm 0.85 (x)o sa
formulation. x =average of 2 test results
2.5 @ 40~
Cetane Number ASTM D613-84 Specified in the
53 (minimum) 2.6 @ 44f
CARB using PAC Diesel Fuel Analyzer as a screen. formulation 3.1 @ 52~
3.3 @ 56f
Check the executive order for each certified diesel formulation for any additional specifications, i.e.add itive requirements.
a =CCR Section 2285 exempts qualifying military vehicles from CARB diesel fuel requirements.
b =also applies to non-vehicular diesel fuel used in internal combustion engines except for locomotives and marine vessels.
c =CCR Section 2299 extends standard to apply to intrastate diesel-electric locomotives and harborcraft.
d =CCR Section 2479 extends standard to apply to mobile handling equipment at ports and intermodal rail yards using CARB diesel.
e =correlation equation: ArHC v% _ (0.916)(ArHC w%) + 1.33
f =reproducibility values for intermediate and higher cetane numbers to be obtained by linear interpolation.
Note 1: for reproducibility, x =test result.
Note 2: values are maximums unless otherwise indicated.
Note 3: underline =current CARB enforcement test method.
N
0
t
0
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 20 of 2E
BRIEF SUMMARY: CARB Phase 3 Gasoline Specifications and Tes# Methods revised 9111/08
Thia ~ummarv is not a leoal document and is not intended to be used in lieu of the regulations but as an aid to understanding the specifications of the regulated fuel properties.
Averaging CARBOB Cap
CCR Section Gasoline Parameter Test Method Flat (DAL) Cap Limits Units Reproducibility
2262 & 2262.3 Aromatic HC Content ASTM D5580-00 25.Oa 22.0 35.0 3Ei.7 v% 1.4
2262 & 2262.3 Benzene Content ASTM D5580-00 0.80° 0.70 1.10 1.22 v% 0.1409 x 133
2262 & 2262.3 Distillation, T50
ASTM D86-99°'' 213a 203 220 (RVP) 232°
non-RVP) 2sT'
° F
variable
Distillation, T90 305a 295 330 335
2262 & 2262.5b Eihano[ Content ASTM D4815-04 10.4 cannot average 10.0 riot appli~~ble v% 0.23 x 0 57
6a
2262 & 2262 MTBE Content ASTM D4815-04 cannot add`; cannot average 0.05 not applicarde v% 0.12(x}os~
. limit D.GS
2262 ~ 2262.3 Olefin Content ASTM D6550-00 {modified) 6.0 4.0 10.0 11.1 v% 0.32 x °s d
2262 & 2262.5
Oxygen Content ASTM D4815-04
1.8 l0 2.2
cannot avers e
g 0 to 3.5°
t e P
not ap IiraLle
w°Jo
° sj °
ETOH: 0.23(x} m /o
Equiv: GC/FTIR 1.8 to 3.5
2262 & 2262.6c Oxygen Content
ASTM D4$15-04 cannot add;
limit: 0
06
cannot average
0.06
not applicable o
w /o
variable
(total, other than EtQH &MTBE) .
2262 & 2262.4
Reid Vapor Pressures''' ASTM D323-58 or
13 CCR Section 2297 7.00
6.90
cannot average
6.40 - 7.20
5.99
psi
0.21
for 2622:
for S between 10 to 30 ppm:
for >10 ppm: 40.5% (x)
ASTM D2622-94 (modified) or
for 2622: for 5 > 30 ppm
2262 8r 2262.3 Sulfur Content ASTM D5453-93
- 20 15 30
20' 32
21' ppm 19.2% (x)
for 1 to 10 ppm:
ASTM D5453-93 for 5453:
Equiv: ASTM D4045-92 (modified) 0.2217(x)°`'`
Equiv: ASTM D4045-96
2257 Deposit Control Additive Specifications are listed in the individua{ de;:~osit control additive certifications.
2253.4 Lead Content ASTM D3237-79 0.05 carn,ot average 0.05 U.GS gm(gal 0.01
2254
Manganese Content None specified,
cannot add
cannot average
cannot add ,
cannot adc
ppm
not applicable
(using ASTM D2622-94)
2253.4 Phos horns Content ASTM D3231-73 0.005 cannot average 0.005 D.0{?5 gm/gal 0.0005
See Sections 2261, 2264, 2264.2, 2265, 2265.5, and 2266 for ethanol emission reduction, averaging, PM emissions offsetting, PM formulations, and test certified formulations, respectively.
a =small refiner limits are 35.0 for aromatic HC, 1.00 for henzene, 220 for T50, 312 for T90. g =beginning and ending at different times of the year according to air basin
b =limits for RVP and non-RVP season gasoline. (generally Agarch through October).
c = a California production facility may use a supplied blending component with an MTBE h =for CARBOB final blends, a minimum RVP limit applies for producers and tv
content of 0.60 °/ volume or less fnt the production of California gasoline. importers during non-RVP season. ~
d = x is between 0.3 and 25 m% olefin. Conversion from m°/ to v % is (v% olefin) _ (0.857)(m % olefin). i =applies when evap element of predictive model is used; RVP cap limit = 7.20. '-'
I
e =cap limit is 3.7 w°/ ff oxygen is >3.5 w% and ethanol content is < 10 v% . j -applies on pecimber 31, 2011; phase-in periods apply at facilities downstream '-'
- ~
f = 1.8°/ winter minimum applies Nov. 1 ko Feb. 29 in the South Coast Area and Imperial County. from production and import facilities. O
Note 1: for reproducibility, x =test result. Note 2: values are maximums unless otherwise indicated. Note 3: underline =current CARB enforcement tesE method.
2011-140
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Riesel Fuel Page 21 of 26
ATTACHMENT D -DENATURED ETWANOL
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 ml, 5.0 ASTM D 381-00, air jet apparatus
maximum.
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 dena#urants shall be
natural gasoline, gasoline
components, or unleaded
asoline.
Modification of ASTM D512-
Inorganic Chloride content, mass 40 (32) 89(1999},
ppm (mg/l), maximum Procedure C'
Modification of ASTM D1688-95,
Copper content. mg/kg, max. 0.1 Test Method A
Acidity {as acetic acid), mass % 0.007 (56) ASTM D 1613-96 (1999} !
(mgli), 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
agreed upon between the supplier
and bright) and purchaser
Note 1: The modification of ASTM D 512, Procedure C consis#s of using 5 ml of sample diluted with 20 ml of water in
place of the 25 ml sample specified in the standard procedure. The water shah meet ASTM D 1193, Type Il. The volume
of the sample prepared by this modification will be slightly larger than 25 ml. To allow for the dilution factor, report the
chloride ion present in the fuel ethanoi sample as the chloride ion present in the diluted sample multiplied by five.
2011-140
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 Monitorin S stem
Fontana Sheriff
17780 Arrow Blvd. Unleaded -Two (2} Nozzles 10,000 I
Fontana Diesel 10,000
909.387.2828
UST -Joor Manufacture, Dispensers-Bennett, Twin (single dispenser}, Balanced System, Veeder-Root UST
Tank Monitorin System
Glen Helen Sheriff
18958 West Institution Road ~
Unleaded -One (1} Nozzle ~ 3,000 i
Devore
_
AGST -Trusco Manufacture, Dis enser -Fill-Rite (sin le hose), Balanced S stem
Morongo Sheriff
6527 White Feather Road Unleaded -Two (2} Nozzles
~ 20,000
Joshua Tree Diesel 10,000
760.366.4175
UST--Joor Manufacture, Dispensers-Bennett, Twin (single dispenser), Balanced System, Veeder-Root UST
Tank Monitorin S stem
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, sin le hose}; Balanced System
Apple Valley Road Yard
1923 Joshua Road Unleaded -One (1) Nozzle 6,000
Apple Valley Diesel 6,000
~ 760.247.8208 _ 1 i
AGST -Trusco, Dispensers -Fill-Ri te {sin le hose), Balanced S stem
Baldy Mesa Road Yard
12397 Sycamore Street Unleaded -One (1) Nozzle 10,000
Victorville Diesel 10,000
760.949.0335 i
AGST -Trusco, Dispensers -Fill-Ri te {sin le hose), Balanced System
Barstow Road Yard
29802 Hwy. 58 Diesel 500
Barstow Diesel 500
760.256.3631
AGST -Convault, Balanced S stem
Chino Road Yard ',
7000 Merrill Avenue Unleaded -One (1) Nozzle 3,000
Chino Diesel 6,000
909.597.6270
AGST -Convault, Dispenser Fill-Rite (sin le hose), Balanced System
2011-140
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 L[ST
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 Diesel 1
500
Running Springs ,
909.867.3683
AGST -Trusco, Dispenser -Fill-Rite (sin le hose), Two Dispensers, Balanced S stem
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 Monitorin S stem
Big Bear Road Yard
N/O Hwy. 38 and Stanfield Cutoff Diesel 6,000
Big Bear Lake
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, Dis enser - Fil!-Rite (sin le hose), Balanced S stem
West Valley Service Center
12
72 4th S
t
Premium -Two (2} Nozzles
12,000
tree
6
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 4
S stem ~
Calico Ghost Town
Interstate 15/Ghost Town Road Unleaded -One (1} Nozzle 500
f Yerma
760.254.2122
AGST -Convault, Dispenser -Fill-Rite sin ie hose), Balanced S stem
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 (sin le hose), Balanced S stem
Moabi Regional Park
Interstate 15/Park Moabi Road Unleaded -One (1} Nozzle 1,000
Needles Diesel 1,000
760.326.3831
AGST -Convault, Dispenser -Fill-Rite (sin le hose}, Balanced S stem
2011-140
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Department Gasoline and Diesel Fuel Page 24 of 26
eTTnr_Nnnt=NT F _ ~liFl_ SITF I.OCATI~N 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 _
i AGST -Hoover, Dispenser -Fill-Rite (sin le hose), Balanced S stem
Yucaipa Regional Park
33900 Oak Glen Road Unleaded -One (1) Nozzle 500
Yucaipa Diesel 500
909.790.3127
AGST - Trusco, Dispenser -Fill-Rite {sin le hose), Balanced System
Trona Road Yard
80311 Trona Road Diesel 1,000
Trona
AGST -Goodspeed, Gravity Feed (no pump)
County of San Bernardino Request for Proposal RFP No. N-38
Purchasing Deoartntent Gasoline and Diesel Fuel Page 25 of 26
EXHIBIT I -REPORT OF ENVIRONMENTALLY PREFERABLE GOODS AND SERVICES
Caunty of San Bernardino
N
O
r
I
r-~
O
2011-140
County of San Bernardino Request far 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)
Chlorofluarocarbon (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 {PB T)-free
Rapidly renewable
Rechargeable
Recyclable
Recycled content
Reduced greenhouse gas emissions
Reduced packaging
RefilUrefillabie
Reman ufactured/refurbished
Renewable materials
Responsible forestry
Upgradeable
Water efficienc
2011-140
=~,rt
~or,~ } ~~
~ s~~ zE~,,~,vU 1
~;
Request far 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:
Page 1: 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 A.4 -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 successfiul 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 #or 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.
2011-140
~-: ~I
~~
CALIFORNIA ST,4T~ SCAAD OF EOUALI2ATION
BROKER`S LICENSE
ACCOUNT NUMBER
7-80 MB AH 08-005/+36 ~
POMA DISTRIBtiTING CO., INC.
571 W. SLOVER AVI;NUI':
BLOOMINGTON, CA 9231b Y
~ J
IS HEREBY LICENSED PURSUANT TO THE MDTOR VEHICLE
FUEL LICENSE TAX LAW TO CONDUCT THE BUSINESS OF
BROKER OF MOTOR VEHICLE FUEL.
STATE BOARD OF EQUALIZATION
THIS LICENSE fS VAIiD UNTIL CANCELLED
OR REVOKED AND IS NOT TRANSFERABLE.
BT-442-8 REV. 6 (9.861
2011-140
Y
,0'0.0, eF, Ep4'1,~+ CALIFORNIA STATE BOARD OF EQ UALlZATION
. 1hj~
~:
8~ Y~ r
~ WHQLESALER USE FUEL TAX PERMIT
rlA~F Of CA~~t~~'
fw ~F; !a-]p0517
ACCOUNT NUMBER
P~)141t DISTRIBUTfNG SC,., IP:C.
P.G.P,OY. ~%2`~
SAN 13SRtrrtP,D;NO Ch-. g?512
is hereby authorized pursuant [o the Use Fuei Tsx I.avr to safl fuel subject to the use fuel tax.
BT-442-FW (12-fli) This permit is valid until revol:id ~r cancelled, but is not transferable.
DISPLNYCONSF'FCUOUSLYATTtiE S'l.,~CE OF PoUStNESS FOR WHICH tSSUED ~;
2011-140
~~~
CALIFORNIA S7~.~TE BOARD OF EQUALIZATi0~1
SELLER'S, PERMfT
„~*~~ AccauNr Nutti~
5R EH 23-682255
THIS PERMIT OQES
NOT AUTHORIZE THE
HOL~eR TO ENGAC-E
IN ArJY euslNESS POMA DISTRIBUTING CO INC
CONTRARY TO lFtv5 '] [1
REGULATING TN A'?• 571 ~y SLQ yER AVE
BUSINESS OR TO
Pos~ESS OR RIALTO, CA
OP1:R A7E ANY IL-
LEGAL fJEVICE.
J
IS WEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW
TO ENGAGE IN 'i HE BUSINESS OF SELLING TANGIBLE PERSONAL
PROPERTY AT THE ABOVE LOCATION
THIS PEgMIT IS VALID UNTIL REVOKED OR CANCELLED BUT 15 NOT TRANSFERABLE. IF YOU
SELL YOUR BUSINESS, OR DROP OUT OF A PARTNERSHIP, NDTIFY US pR YOU COVLD BE
RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS.
Not valid at any other address
HT-442-R Rini. 1 O (6-9Dy
~6
Ut~CLFi~ %VIV7Y[Vt/Vi.(]Li HI Yri~ FivCe OF ni.iSiine55 K7K INHiCti isSUE6 vo e9sas
Attachment "2"
2011-140
~:, ~-Y =;
~~ _~;trTr~ "; COUNTY OF SAN BERNARI}lN0
PURCHASING DEPARTMENT `'~' j---
_.. _ ~ BLAFiAA-ENO
_ _ :- .. _. _. W... __
777 East Rialto Avenue San Bernardino, CA 92415-0760 - (909) 387-2060 ,t ~-° ~AUniE RozKO
Fax (909) 387-2666 ~ Director
~/
March 7, 201 i
Poma Distributing Company, Inc.
X71 W. Sloven Ave
Bloomington, Ca. 9231(
Attn: Tim Wolthuis
RE: RFP N-38 Gasoline c4z 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 tllru
February 2S, 2014 per the terms and conditions of the contract.
tf you have any questions, please feel fi-ee to call me at (909) 387-2233.
Sincerely,
i--~"
~~ `~}
~a111 13USCCln1
Deputy Purchasing Agent
Cc: File
Cc: Fleet Management
~TI~Nm~NT ~~~<<
0.1500
N-38 ~.4SOLINE AND DIESEL FUEL
N-38 GASOLINE 8 DIESEL FUEL FALCON FUELS IPC
GAS DIESEL GAS DIESEL
COST COST COST COST
PER PER PER PER
GAS USAGE DIESEL USAGE GALLON TOTAL GALLON TOTAL GALLON TOTAL GALLON TOTAL
Big Bear Sheriff 120,556 47,001 2.5079 $ 302,342.39 2.6407 $ 124,115,54 2.4551 $ 295,977.114 2.6075 $
Fontana Sheriff 25,269 19,530 2.4908 $ 62,940.03 2.6235 $ 51,236.96 2.4345 $ 61,517.38 2.5851 $
Glen Helen Sheriff 31,544 994 2.4949 $ 78,669.13 2,6274 $ 2,611.64 2.4444 $ 77,106.15 2.5932 $
Morongo Sheriff 127,194 34,456 2,5250 $ 321,164.85 2.6523 $ 91,387.65 2.4645 $ 313,469.61 2.6219 $
Twin Peaks Sheriff 105,065 41,148 2.5033 $ 263,009,21 2.6339 $ 108,379.72 2.4555 $ 257,987.11 2.6D72 $
Apple Valley Road Yard 51,554 29,309 2.5079 $ 129,292,28 2.6444 $ 77,5D472 2.4630 $ 126,977.50 2.6182 $
8aldy Mesa Road Yard 80,171 45,779 2.4991 $ 200,355.35 2.6408 $ 12D,893.18 2.4535 $ 196,699.55 2.6D62 $
Barstow Road Yard D 33,554 $ - 2.6579 $ 89,183.18 $ - 2.5632 $
Chino Road Yard 16,710 4,075 2.4868 $ 41,554,43 2.6339 $ 10,733.14 2.4485 $ 40,914.44 2.6002 $
Crestline Road Yard 38,556 25,327 2.4991 $ 96,355.30 2.6339 $ 66,708.79 2.4485 $ 94,404.77 2.6002 $
Running Springs Road Yard 0 13,014 $ - 2.6339 $ 34,277.57 $ - 2.5972 $
San Bernardino Main Yard 874,622 106,272 2.4949 $ 2,162,D94.43 2.6235 $ 278,804.59 2.4375 $ 2,131,891.13 2.5877 $
Big Bear Road Yard 0 17,106 $ - 2.6407 $ 45,171.&1 $ - 2.6082 $
Needles Service Center 68,484 26,467 2.5885 $ 177,270.83 2.71728 $ 77,352.81 2.5305 $ 173,298.?6 2.6932 $
West Valley Service Center 129,523 40,214 2.4890 $ 322,38275 2.6274 $ 105,658.26 2.4365 $ 315,582.79 2.5872 $
Calico Ghost Town 4,157 0 2.5208 $ 10,478.97 $ - 2.4700 $ 10,267.?9 $
Glen Helen Regional Park 7,666 717 2.4907 $ 19,093.71 2.6274 $ 1,883.85 2.4415 $ 18,716 i4 2.5932 $
Moabi Regional Park 5,188 1,521 2.5844 $ 13,407.87 2.7131 $ 4,126.63 2.5305 $ 13,128.).3 2.5952 $
PradO Regional Park 3,229 600 2.4868 $ 8,029.88 2,6315 $ 1,578.9D 2.5428 $ 6,210.70 2.5952 $
Yucaipa Regional Park 3,335 1,168 2.4991 $ 8,334.50 2.6274 $ 4,645.24 2.4415 $ 8,142.10 2.5932 $
Trona Road Yard 0 6,806 2.5503 $ - 2.6762 $ 18,214.22 $ - 2.6396 $
TOTAL $ 4,236,775.91 b 1,314,468.40 $ 4,144,291.49 $
TOTAL FOR BOTH $5,551,244.31 TOTAL FOR BOTH $5,440,073.75
LOCAL VENDOR
PREFERENCE 5°h
NO
200,DOD 0.4263 $ 85,260.00
0.3800
0.2624
NO
0.3000 $ 60,000.DO
ADDITIONAL CHARGES 1000.2499
GALLONS
ADDITIONAL CHARGES 2500-0499
GALLONS
ADDITIONAL CHARGES 4500.7499
GALLONS
TOTAL INCLUDING ADD'L
CHARGES
0.0700
2011-140
MANSFIELD MERIT OIL
GAS D IESEL GAS DIESEL
COST C OST CCST COST
PER P ER PER PE R
GALLON TOTAL GALLON TOTAL GALLON TOTAL GALLON TOTAL
122,555.11 2.5339 $ 3D5,476.65 2.6181 $ 123,053.32 2.5395 $ 306,151,96 2.6247 $ 123,363.52
50,487.00 2.5111 $ 63,452.99 2.5953 $ 50,686.21 2.5165 $ 63,589.44 2.6017 $ 50,811.20
2,517.64 2.7033 $ 85,272.90 2.7885 $ 2,771.77 2.528 $ 79,743.23 2.6132 $ 2,597.52
90,340.19 2.5474 $ 324,014.00 2.5464 $ 87,738.76 2.543 $ 323,454.34 2,6282 $ 90,557.26
107,281.07 2.5793 $ 278994.15 2.5793 $ 106,133.04 2.5505 $ 267,968.28 2.8357 $ 1D8,453.78
76,736.82 2.5623 $ 132,096.81 2.5613 $ 75,D69.14 2.5395 $ 130,921.38 2.6241 $ 76,927.33
119,309.23 2.5304 $ 202,864.70 2.6146 $ 119,693.77 2.5395 $ 203,594.25 2.6247 $ 120,156.14
86,005,61 $ - 3.0385 $ 101,953.83 $ - 2.7282 $ 91,542.02
10,595,82 2.928 $ 48,926.86 2.6207 $ 10,679.35 2.5445 $ 42,518,60 2.6297 $ 10,716.03
65,855.2'7 2.5231 $ 97,280.64 2.6073 $ 66,035.09 2-5505 $ 98,337.08 2,6357 $ 66,754.37
33,799.96 $ - 2.7885 $ 36,289.54 $ - 2.7282 $ 35,5D479
275,000.05 2.5131 $ 2,198,012.55 2.5973 $ 276,020.27 2.5145 $ 2,199,237.02 2.5997 $ 276,275.32
44,615.87 $ - 2.7385 $ 46,844.78 $ - 2.6627 $ 45,548.15
76,667.32 2.6196 $ 179,400,69 2.7D38 $ 76,969.07 2.5755 $ 176,380.54 2.8607 $ 75,742.15
104,041.66 2.5139 $ 325,807.87 2.5981 $ 104,479.99 2.5225 $ 326,721.77 2.8077 $ 104,866.05
- 2.9533 $ 12,276.67 $ - 2.943 $ 12,234.D5 $ -
1,859.32 2.9533 $ 22,640.OD 3.0385 $ 2,178.60 2.528 $ 19,379.65 2.6132 $ 1,873.66
3,947.3D 2.8533 $ 14,802.92 2.9385 $ 4,469.46 2.943 $ 15,268.28 3.0282 $ 4,605.89
1,557.12 2.8233 $ 9,116.44 29085 $ 1,745.1D 2.558 $ 8,259.78 2.6432 $ 1,585.92
4,584.78 2.8533 $ 9,515.76 2.9385 $ 5,195.27 2.528 $ 8,430.88 2.6132 $ 4,620.14
17,965.12 $ - 2,9385 $ 19,999.43 $ - 3.0262 $ 20,609.93
1,295,782.26 $ 4,301,753A2 $ 1,318,005.79 $ 4,282,190.53 $ 1,313,111.17
TOTAL FOR BOTH $5,619,758.81 TOTAL FOR BOTH $5,595,301.70
NO YES
D D.18 $ 36,DD0.00
~ I ~~~~~i~~~l~ll~~ l~ ~ ~II+l~~CI~~~l~l ~~i ~ ~
V
Ili V~ Y ~Y ~ ~~~~u ~~q ~., t ~,..
~ ~~~~~~rF.~«.
0.12
0.06
0.16DD 0.0300 0 0
$ 5,636,504.31 5,500,073J5 $ 5,619,758.81 $
5% DEDUCTION FROM LOW VENDOR $275,003.69
:EMED UN-RESPONSIVE AS THE ADDENDUM #1 WITH THE NEW PRICING SHEET WAS NOT INCLUDED WITH THEIR BID.
5,631,301.70
N-38 G;-:SOLINE AND DIESEL FUEL
S DIESEL
ST COST
R PER
LLON TOTAL DIFF ERENTIAL GALLON TOTAL
2.5246 $ 304,355.68 0.0316 2.6098 $
2,5104 $ 63,435.30 O.D174 2.5956 $
2.5129 $ 79,266.92 O 0199 2.5981 $
2.5335 $ 322,246.00 0,0405 2.6187 $
2.5175 $ 264,501.14 0.0245 2.6027 $
2.5155 $ 129,684.09 0.0225 2.6007 $
2.514 $ 201,549.89 O.D210 2.5992 $
$ - 2.6182 $
2.5173 $ 42,064.08 0.0243 2.6025 $
2.5182 $ 97,091.72 0.0252 2.6034 $
$ - 2.6047 $
2.5054 $ 2,191,277.96 0.0124 2.5949 $
$ - 2.6126 $
2.603 $ 178,263.85 0.1100 2.6882 $
2.5054 $ 324,506.92 0.0124 2.6049 $
2.583 $ 10,737.53 0.0900 $
2.5164 $ 19,290.72 0.0234 2.6016 $
2.783 $ 14,438.20 0.0290 2.8682 $
2.5176 $ 8,129.33 0.0246 2.6028 $
2.5164 $ 8,392.19 0.0234 2.6016 $
$ - 2.71e2 $
$ 4,259,231.52 $
7AL FOR BOTH $5,558,625.46
YES
0.2075 $ 41,500.00
1775
1475
D.DB
's
.., r ,~: ~ z .=.a
$5,325,121.77AFTER 5% DEDUCTION
GAS
COST
PER
DIFFERENTIAL GALLON TOTAL
122,663.21 0.0316 2.5065 $ 302,173.61
50,692.07 0.0174 2.4873 $ 62,851.58
2,582.51 0.0199 2.543 $ 60,216,39
90,229.93 0.0405 2.5253 $ 321,203,01
107,095.90 0 0245 2.648 $ 278,212.12
76,223.92 0.0225 2.668 $ 137,546.07
118,988.78 0.0210 2.5069 $ 200,960.68
87,851.08 0.0400 $ -
10,605.19 0.0243 2.543 $ 42,493.53
65,936,31 0.0252 24997 $ 96,378.43
33,897.57 0.0265 $ -
275,765.21 0.0167 2.4987 $ 2,185,917.99
44,694.56 0.0346 $ -
76,524.99 0.1100 2.5946 $ 177,688.59
104,753.45 0.0267 2.4873 $ 322,162.56
- 2.7005 $ 11,225.98
1,865.35 0.0234 2.6428 $ 20,259.70
4,362.53 0.2900 3.268 $ 16,954.38
1,561.68 0.0246 2.5574 $ 8,257.84
4,599.63 0.0234 2,6428 $ 8,813.74
18,500.07 0,1400 $ -
1,299,393.94 $ 4,271,836.20
TOTAL FOR BOTH $5,600,106.19
NO
0
0
0
IELS SOCO GROUP
DIESEL GAS DIESEL
COST COST COST
PER PER PER
GALLON TOTAL GALLON TOTAL GALLON TOTAL
2.6124 $ 122,785.41 2.5184 $ 303,608.23 2.6083 $ 122,592.71
2.5903 $ 50,588.56 2.5006 $ 63,192.72 2.5886 $ 50,555.38
2.6432 $ 2,627.34 2.568 $ 81,004.99 2.6532 $ 2,637.28
2.6351 $ 90,795.01 2.5296 $ 321,749.94 2.6216 $ 90,329.85
2.7482 $ 113,082.93 2,5148 $ 264,217.46 2.6038 $ 107,141.16
2.7682 $ 81,133.17 2.5234 $ 130,091.36 2.6133 $ 76,593.21
2.6127 $ 119,606.79 2.5188 $ 201,934.71 2.6084 $ 119,409,94
2.7662 $ 92,884.18 $ - 2.7732 $ 93,051.95
2.6432 $ 10,771.04 2.558 $ 42,744.18 2.6432 $ 1Q,771.04
2.6042 $ 65,956.57 2.513 $ 96,891.23 2.6015 $ 65,888.19
2.7782 $ 36,155.49 $ - 2.7132 $ 35,309.58
2.5903 $ 275,276.36 2.5008 $ 2,187,254.70 2.5886 $ 275,095.70
2.7907 $ 47,737.71 $ - 2.6432 $ 45,214.58
2.7135 $ 77,245.20 2.5965 $ 177,818.71 2.7006 $ 76,877.98
2.5903 $ 104,166.32 2.5021 $ 324,079.50 2.5901 $ 104,158.28
$ - 3.078 $ 12,795.25 $ -
2.743 $ 1,966.73 2.698 $ 20,682.87 2.7832 $ 1,995.55
3.3682 $ 5,123.03 2.798 $ 14,516.02 2.8832 $ 4,385.35
2.6576 $ 1,594.56 2.603 $ 8,405.09 2.6882 $ 1,612.92
2.743 $ 4,849.62 2.668 $ 8,897.78 2.7532 $ 4,867.66
3.3682 $ 22,923.97 $ - 3.1632 $ 21,528.74
$ 1,327,269.99 $ 4,259,884.7A $ 1,310,017.03
TOTAL FOR BOTH $5,569,901.77
NO
0
0
0
0 0
5,600,125.46 $ 5,600,106.19 5 5,569,901.77
2011-140