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HomeMy WebLinkAbout20- Public Works ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Works Bernardino authorizing the execution of an Agreement and issuance of a Date: July 15, 2010 Purchase Order in the amount of $1,500,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Poma Distributing Company pursuant to Section 3.04.010-133 of the Municipal Code for the purchase of Gasoline and Diesel fuel in participation with a contract between Poma Distributing Company and the County of San Bernardino. Meeting Date: August 2, 2010 Synopsis of Previous Council Action Reso 2004-53 2/17/2004 Approved participation with County and Poma Recommended Motion: Adopt Resolution. Si re Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Agreement and Attachments "1, 2 and 3" Ward: All FUNDING REQUIREMENTS: Amount: $1,500,000 Source: Account Number 635-400-5113-0000-0100 Motor Fuel & Lubricants Finance: Council Notes: — 50 2010 - 59 Agenda Item No. o;110 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $1,500,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Poma Distributing Company pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of Gasoline and Diesel fuel in participation with a contract between Poma Distributing Company and the County of San Bernardino. Background: The Public Works Department, Fleet Division provides gasoline and diesel fuel to all city vehicles and outside customers. On October 5, 2007, the County of San Bernardino and Poma Distributing entered into a contract for the purchase of gasoline and diesel fuel. The County Request for Proposal J-5, included a participation clause, "The COUNTY desires that Municipalities, School Districts, and other Tax Exempt Districts within San Bernardino County requiring like products, may at their option and through the County Purchasing Agent, avail themselves of the contract resulting from this proposal. Upon notice, in writing, the Vendor agreed to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this bid," with the provision that: (a) Such Governmental Body does not have and will not have in force any other contract for like purchases. (b) Such Governmental body does not have under consideration for award any other bids or quotations for like purchases. (c) Such Governmental body shall make purchases directly through the vendor and make payment directly to the vendor. The COUNTY will not be liable for any such purchase made between the Vendor and another Governmental body who avails themselves of this contract (See Attachment "1", Section 12.0). The award letter and vendor bid is included for your review (See Attachment "2"). In April 2010 the County renegotiated with Poma Distributing the pricing differential for short loads (See Attachment "T'). The term of the Poma/County contract is from 10/5/2007 through 9/30/2010. At the end of the contract, the County has the option to extend the contract on a yearly basis through 10/30/2012. Fleet staff contacted the County's Vehicle Services Department requesting information regarding the County's Fuel Purchase Agreement and asked if it was going to be extended. The County stated that they have not yet made a decision. Since the contract runs through September 30th, 2010, Fleet staff is requesting that a Purchase Order be issued to Poma Distributing in the amount of$1,500,000 pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of Gasoline and Diesel fuel with two single year renewal options. If the County decides to re-bid this contract and ends up with another vendor, Fleet staff will go back to Council for approval of the new contract and terminate the old agreement with Poma. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued The City Fleet Division has entered into this type of cooperative purchase agreement with the County since 2004 with excellent results. Financial Impact: Funds for this are contained in the Public Works Department, Fleet Division FY 2010/2011 Budget, Account No. 635-400-5113-0000-0100 (Motor Fuel and Lubricants) in the amount Of$1,500,000. Account Number 635-400-5113-0000-0100 Budgeted Amount: $2,292,000 Balance as of July 15, 2010: $2,292,000 Balance after approval of this item: $792,000 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. 2 CITY OF SAN BERNARDINO OFFICE OF THE PUBLIC WORKS DIRECTOR INTER-OFFICE MEMORANDUM TO: Charles McNeeley, City Manager FROM: Dan Johnson, Public Works Fleet Division DATE: July 15, 2010 SUBJECT: City Manager's Approval of Process — Purchases made pursuant to Section 3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code (Purchases approved by the Mayor and Common Council and emergency purchases approved by the City Manager). DDL Number 82. COPIES: Randy Kuettle, Acting Director of Public Works Poma Distributing was selected as a Sole Source for the following reasons: 1. Poma Distributing is the same vendor that has supplied the City of San Bernardino Gasoline and Diesel Fuel since 2004 under a purchase agreement with the County of San Bernardino. 2. The County of San Bernardino Vehicle Services Department currently has a multi- year contract with Poma Distributing of Bloomington for the purchase of Gasoline and Diesel Fuel that includes a participation clause that allows Municipalities to avail themselves of the contract through the County for better pricing. A Request for Council Action entitled, "Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of$1,500,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Poma Distributing Company pursuant to Section 3.04.010-133 of the Municipal Code for the purchase of Gasoline and Diesel fuel in participation with a contract between Poma Distributing Company and the County of San Bernardino' has been submitted and placed on the August 2, 2010 agenda calendar for review and approval. Don W. Johnson Fleet Services Division Manager A A roved By: Charles McNeele City Manager RESOLUTION NO. COPY 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 4 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 5 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT 6 BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN BERNARDINO. 7 WHEREAS, Poma Distributing Company currently has an agreement with the 8 9 County of San Bernardino for the purchase of gasoline and diesel fuel, and, 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: it SECTION 1. The City Manager of the City of San Bernardino is hereby 12 13 authorized to execute on behalf of said City an Agreement between the City of San 14 Bernardino and Poma Distributing Company, a copy of which is attached hereto, 15 marked as Exhibit "A", and incorporated herein by this reference as fully as though set 16 forth at length. 17 SECTION 2. That pursuant to this determination the Director of Finance or her 18 designee is hereby authorized to issue a purchase order to Poma Distributing 19 20 Company in the amount of $1,500,000 for FY 10-11. 21 SECTION 3. The Purchase Order shall reference this Resolution Number and 22 shall read, "Poma Distributing Company for the purchase of gasoline and diesel fuel. 23 Agreement not to exceed $1,500,000" and shall incorporate the terms and conditions 24 of the agreement. 25 26 27 c. 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 3 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-133 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN 5 BERNARDINO. 6 SECTION 4. The authorization to execute the above referenced Purchase 7 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 8 9 days of the passage of this resolution. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 3 SAN BERNARDINO AND POMA DISTRIBUTING COMPANY PURSUANT TO SECTION 3.04.010-63 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 GASOLINE AND DIESEL FUEL IN PARTICIPATION WITH A CONTRACT 5 BETWEEN POMA DISTRIBUTING COMPANY AND THE COUNTY OF SAN BERNARDINO. 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 8 Mayor and Common Council of the City of San Bernardino at a 9 meeting thereof, held on the day of 2010, by the 10 following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 MARQUEZ 13 DESJARDINS 14 BRINKER 15 SHORETT 16 17 KELLEY 18 JOHNSON 19 MCCAMMACK 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 , 2010. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Appr Wed as to Form: 27 By_ 28 mes F. Penman, City Attorney 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 2nd day of August 2010, by and 3 between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY" 4 or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and 9 WHEREAS, this purchase is exempt from the formal contract procedures of Section 10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases 11 approved by the Mayor and Common Council;" and, 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 For the remuneration stipulated, San Bernardino hereby engages the services of 15 16 VENDOR to provide those products and services as set forth in Attachments "1, 2 and 3" and 17 incorporated herein by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$1,500,000, for gasoline and diesel fuel. 21 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 22 23 3. TERM; TERMINATION. 24 The tetra of this agreement shall be from August 2, 2010 through June 30, 2011, with 25 two (2) one-year extensions at the City's option. Option year one, if exercised, shall be 26 effective July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective 27 July 1, 2012 through June 30,2013. 28 Exhibit"A" 1 I This Agreement may be terminated at any time by thirty (30) days' written notice by 2 either party. The terms of this Agreement shall remain in force unless amended by written 3 agreement of the parties executed on or before the date of expiration of current term of the 4 agreement. 5 4. INDEMNITY. 6 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 7 8 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 9 any kind and nature arising from bodily injury, including death, or property damage, based or 10 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 11 subcontractors, relating to or in any way connected with the accomplishment of the work or 12 performance of service under this Agreement, unless the bodily injury or property damage was 13 actually caused by the sole negligence of the City, its elected officials, employees, agents or 14 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 15 16 own expense, including attorney's fees the City, its elected officials, employees, agents or 17 representatives from any and all legal actions based upon such actual or alleged acts or 18 omissions. Vendor hereby waives any and all rights to any types of express or implied 19 indemnity against the City, its elected officials, employees, agents or representatives, with 20 respect to third party claims against the Vendor relating to or in any way connected with the 21 accomplishment of the work or performance of services under this Agreement. 22 23 5. INSURANCE. 24 While not restricting or limiting the foregoing, during the term of this Agreement, 25 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 26 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 27 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk 28 Exhibit"A" 2 I Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 2 additional named insured in each policy of insurance provided hereunder. The Certificate of 3 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 4 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 5 change or termination of policy. 6 6. NON-DISCRIMINATION. 7 8 In the performance of this Agreement and in the hiring and recruitment of employees, 9 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 10 discrimination in employment of persons because of their race, religion, color, national origin, 11 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 12 sexual orientation, or any other status protected by law. 13 INDEPENDENT CONTRACTOR. 14 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 15 16 purposes VENDOR shall be an independent contractor and not an agent or employee of the 17 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 18 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 19 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 20 employees, and all business licenses, if any are required, in connection with the services to be 21 performed hereunder. 22 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 23 24 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 25 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 26 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 27 to practice its business or profession. 28 Exhibit"A" 3 i I NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North "D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Poma Distributing Company P.O. Box 471 8 Bloomington, CA 92316 9 Telephone: (909) 877-5823 Contact: Wayne Rogge 10 9. ATTORNEYS' FEES. 11 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees" for the purposes of this paragraph. 20 10. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 26 27 28 Exhibit"A" 4 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 11. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 Riverside Division. The aforementioned choice of venue is intended by the parties to be 8 9 mandatory and not permissive in nature. 10 12. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 13. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 14 and their respective heirs, representatives, successors, and assigns. 15 I6 14. HEADINGS. a j 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 15. SEVERABILITY. 21 If any provision of this Agreement is determined by a court of competent jurisdiction to 22 be invalid or unenforceable for any reason, such determination shall not affect the validity or 23 24 enforceability of the remaining terms and provisions hereof or of the offending provision in any 25 other circumstance, and the remaining provisions of this Agreement shall remain in full force © 26 and effect. 27 28 Exhibit "A" 5 1 16. ENTIRE AGREEMENT; MODIFICATION. tiv 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /ll 25 ® 26 /// 27 28 Exhibit"A" 6 1 VENDOR SERVICE AGREEMENT POMA DISTRIBUTING COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2010 Poma Distributing Company 7 By: 8 9 Dated 12010 CITY OF SAN BERNARDINO 10 By. 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: 14 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" 7 VENDOR SERVICE AGREEMENT 1 2 This Vendor Service Agreement is entered into this 2nd day of August 2010, by and 3 between Poma Distributing Company ("VENDOR") and the City of San Bernardino ("CITY" 4 or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for the purchase of gasoline and diesel fuel; and 9 WHEREAS, this purchase is exempt from the formal contract procedures of Section 10 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases 11 approved by the Mayor and Common Council;"and, 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 For the remuneration stipulated, San Bernardino hereby engages the services of 15 16 VENDOR to provide those products and services as set forth in Attachments "1, 2 and 3" and 17 incorporated herein by this reference. I j 18 2. COMPENSATION AND EXPENSES. 1 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$1,500,000, for gasoline and diesel fuel. 21 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 22 3. TERM; TERMINATION. 1 The term of this agreement shall be from August 2, 2010 through June 30, 2011, with 25 two (2) one-year extensions at the City's option. Option year one, if exercised, shall be 26 27 28 1 1 This Agreement may be terminated at any time by thirty (30) days' written notice by 2 either party. The terms of this Agreement shall remain in force unless amended by written 3 agreement of the parties executed on or before the date of expiration of current term of the 4 agreement. 5 4. INDEMNITY. 6 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 7 8 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 9 any kind and nature arising from bodily injury, including death, or property damage, based or 10 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 11 subcontractors, relating to or in any way connected with the accomplishment of the work or 12 performance of service under this Agreement, unless the bodily injury or property damage was 13 actually caused by the sole negligence of the City, its elected officials, employees, agents or 14 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 15 16 own expense, including attorney's fees the City, its elected officials, employees, agents or 17 representatives from any and all legal actions based upon such actual or alleged acts or 18 omissions. Vendor hereby waives any and all rights to any types of express or implied 19 indemnity against the City, its elected officials, employees, agents or representatives, with 20 respect to third party claims against the Vendor relating to or in any way connected with the 21 accomplishment of the work or performance of services under this Agreement. 22 5. INSURANCE. 24 While not restricting or limiting the foregoing, during the term of this Agreement, 25 VENDOR shall maintain in effect policies of comprehensive public, general and automobile t 26 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 27 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk 28 2 I Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 2 additional named insured in each policy of insurance provided hereunder. The Certificate of 3 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 4 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 5 change or termination of policy. 6 6. NON-DISCRIMINATION. 7 In the performance of this Agreement and in the hiring and recruitment of employees, 8 9 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 10 discrimination in employment of persons because of their race, religion, color, national origin, 11 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 12 sexual orientation, or any other status protected by law. 13 INDEPENDENT CONTRACTOR. 14 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 15 16 purposes VENDOR shall be an independent contractor and not an agent or employee of the 17 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 18 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 19 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 20 employees, and all business licenses, if any are required, in connection with the services to be 21 performed hereunder. 22 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 23 24 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 25 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 26 qualifications, insurance and approval of whatever nature that are legally required of VENDOR �✓ 27 to practice its business or profession. 28 3 1 NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service,postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 300 North "D" Street 5 San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Poma Distributing Company P.O. Box 471 8 Bloomington, CA 92316 9 Telephone: (909) 877-5823 Contact: Wayne Rogge 10 9. ATTORNEYS' FEES. 11 In the event that litigation is brought by any party in connection with this Agreement, 12 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, e'^ 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 fees" for the purposes of this paragraph. 19 20 10. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR ® 26 27 28 4 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 11. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 Riverside Division. The aforementioned choice of venue is intended by the parties to be 8 9 mandatory and not permissive in nature. 10 12. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 13. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 14 and their respective heirs,representatives, successors, and assigns. 15 16 14. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 15. SEVERABILITY. 21 If any provision of this Agreement is determined by a court of competent jurisdiction to 22 be invalid or unenforceable for any reason, such determination shall not affect the validity or 23 enforceability of the remaining terms and provisions hereof or of the offending provision in any 25 other circumstance, and the remaining provisions of this Agreement shall remain in full force 26 and effect. 27 28 5 r.► 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 7 8 9 10 11 12 13 14 15 16 17 18 /// 19 20 21 22 23 24 .25 26 /// 21 28 6 VENDOR SERVICE AGREEMENT 1 POMA DISTRIBUTING COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2010 Poma Distributing Company 7 By: 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By. 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By. 14 J Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Attachment "I" REQUEST FOR PROPOSAL Date:7/17/07 Proposal No. J-5 COUNTY OF SAN BERNARDINO s,... PURCHASING DEPARTMENT Page No. 1 of 18 Pages Materials and/or Services: Gas 8 Diesel Fuel Submit each individual proposal in separate sealed envelope with proposal number marked on outside to: To Be Delivered To: Various Locations County Purchasing Agent 777 East Rialto Avenue San Bernardino,CA 92415-0760 BEFORE: Monday,August 20,2007,2:00 PM For further information,call: Ed Segura Deputy Purchasing Agent (909)387-2487 INSTRUCTIONS AND CONDITIONS i. All prices and mesons must be typsymben or printed in Ink. No erasures servants and employees, harmless and defend same from liability d any nature permitted. Mistakes may be crossed out and corrections made adjacent. and or kind on account or use of any copyright,or uncepyrighted connotation,secret must be inhaled in ink by person signing quotation. process,patented or unpalented invention,article,or appliance furnished or used 2.State brand,w make,on each item.If quoting an article exactly as specified under this quotation. the arms-or equal'must nd stricken out by iM1e Vntlor.If quoting an other Than 16.Nether party will be held liable for failure or delay in fulfillment if hindered or make, model or brand pecked, the manufacturers name and the catalog prevented by fire,strikes,or Ads of Gad.(Force Majeure) s number most be given, or descriptive cut and information attached to the 17. Quotations are settled to acceptance at any time within 60 days after quotation. opening of same,unless otherwise stipulated. 3. Quite on each item separately. Prices should be stated in units specified 16. Verify your quotations before submission, es they cannot be withdrawn or herein. correded after being opened 4.Each quotation must be in separate sealed envelope with proposal number on 19.RETURN THIS SHEET WrIETHER OR NOT YOU QUOTE A PRICE.If you outside, and must be received by Courty Purchasing Agent, 7P East Rialto do not quote,state your reason:otherwise your name may be removed from the Avenue,'San Bodensee, CA 92415-0760 not later than the hour and day mailing list. specified hereon,st which time it will be publicly opened and food 20.Accounts paid for transportation of property to the County of San Bernadine, 5.Time of delivery is a pan of the consideration and must be dated in definite are exempt from Federal Transportation Tax. An exemption certificate is not terms,and must be adhered to.If time vanes on different items,the vendor shall required where the shipping papers show the consignee as San Bemardino so state in the column provided.opposite each item. County,as such papers may be accepted by the canner as proof of the mantel 6.Terms of less than W days for cash discount will be considered as net charader of the shipment. 7.All quotations must be signed Win the firm's name and by a responsible officer 21.To be considered,each vendor mud haw an approved Vendor Application or employee.Obligations assumed by such signatures must m fulfilled. on file with the Purchasing Department. Vendors most hew registered! online 0,Unless otherwise definitely specked,the prices quoted herein do not include through the County Website at b=uwarwisbaouroveoviourchassal, California Sales Tax, 22.The Vendor agrees to comply with Executive Orders 11246, 11375,11625, 9.No charge for perking,drayage,or for any other purpose will be allowed over 12130,12432,12250,Tile VII of the CiAl Rights Ad of 1964,the California Fair and above the prices quoted on this sheel. Employment Produce Act. Equal Employment Opponunin, San Bernadine 10.The right is reserved,unless otherwise slated,to accept or reject any or all County Emerging Small Business Entimpeas program, and other applicable quotations,or any pan thereof,either separately or as a whole,or to waive any Facade, State, and County laws, regulatons, and polices relating to equal immensity in a proposal. employment and conducting opportunities, including laws and regulations 11.The County recognizes that Vim is only one of several others to be used in hereafter enacted. The articles covered by the quotation must conform with judging a product or wri and the County is not legally bound to accept the �piss orders gnmeof OSHA,he contract by anchor SHA,and ppl-PooMredors must lowest quote. 12. Samples of items.when required,must be furnished free of expense to the be approved by the Purchasing Agent. County;and t not destroyed by tests,will upon request be returned at vendors 24. Perri Wages:Where labor is required for public work as a pert d any expense. requirements coveretl by this request for proposal,pursuant to the provisions of 13. In case of default by the vendor,the County of San Bemardino may procure the Labor Code of the State ot California,contractor shell pay no less than those the articles or service from other sources and may deduct from unpaid balance minimum wages. due the wndoc or may collard against the bond of sully,or mail bill for excess 25.Conflict of Interest:Your signers a hereon caddies that no County employee, costs so paid, and the prices paid by the County of San Bernardino shall be whose position in the County service enables them to influence any award of considered the prediilirg market prices paid M the time such purchase is made your offer or any competing offer, shall have any direct or indirect financial 14.Cost of transportation,handling.fiddler inspection on deliveries,or offers for interest in any tmnsedion resulting from this request for proposal. delivery,which do net meet spedfiwtions,will be for the account of the vendor. 26. Vendors making delivery or providing services on County premises shall 15.The vendor shell hed the County of Son Bernardino,its oRcers,agents, wry liability forearm arm antl workers Compensation coverage in accordance with the Counlys Standard Practice requirements. IMPORTANT: Place signed proposal in envelope,seal envelope and show proposal number J-5 on outside. Return proposal to the County Purchasing Agent,777 East Rialto.Avenue,San Bernardino,CA 92415-0760 PRICES QUOTED F.O.B.DESTINATION UNLESS OTHERWISE STATED. The following must be filled in by the contractor In submitting his proposal: Date Company Delivery will be made in days Address from receipt of order unless otherwise noted. Cash Discount Terms City 8 State Zip Signed By Telephone No.( ) RFP-Cover Page-3/05 07/18/07-dd County of San Bernardino Request for Proposal RFP. No.J-5 Purchasing Department Gas and Diesel Fuel Page 2 of 18 A. GENERAL INFORMATION 1.0 SCOPE OF REQUEST: For the delivery of Gasoline and Diesel Fuel, furnished in quantities ordered, at times needed, by the successful vendor, to the County of San Bernardino. B. INSTRUCTIONS TO VENDORS 1.0 PROPOSAL REQUIREMENT: Vendors shall conform to all instructions and conditions as specified in the Request for Proposal. 2.0 PROPOSAL RETURN: All proposals must be sealed and clearly state on the outside of the envelope in the lower left- hand corner"PROPOSAL ENCLOSED, No."J-5" and returned to: County of San Bernardino Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760 Attn: Ed Segura, Deputy Purchasing Agent Due on or before: Monday,August 20, 2007 @ 2:00 PM 3.0 DEADLINE: Vendors shall submit Signature Page (Cover Sheet), References (Attachment A), Specification © Sheets (Attachment B), and Pricing Schedule (Attachment C) prior to deadline stated above. 4.0 LATE PROPOSALS: Proposals received after the deadline will be marked "LATE" and will receive no further consideration. 5.0 PROPOSAL OPENING: All proposals will be opened and read aloud at the time, date, and place specified above. 6.0 PROPOSAL PREPARATION INSTRUCTIONS: Bids must be typed OR printed legibly in ink. Erasures and "white-out" are not permitted. Mistakes may be crossed out corrections typed adjacent and initialed in ink by person signing the proposal. Proposals must be verified before submission as they cannot be withdrawn or corrected after being opened. The County will not be responsible for errors or omissions on the part of bidders in making up their proposals. Proposals must be signed by a responsible officer or employee. California State Sales Tax should NOT be included in vendor's proposal. 7.0 PROPOSAL PREPARATION COST: Cost for preparing bid response and any other related material is the responsibility of the vendor and shall not be chargeable in any manner to the County. 8.0 USE OF PROPOSALS RECEIVED: All proposals received shall become the property of the County. r V County of San Bernardino Request for Proposal RFP.No.J-5 Purchasing Department Gas and Diesel Fuel Page 3 of 18 9.0 ACCEPTANCE OR REJECTION OF PROPOSALS: Proposals shall remain open, valid, and subject to acceptance anytime within sixty (60) days after the proposal opening date and time, unless a longer period of time is mutually agreed to by the parties. The County reserves the right to reject any and all proposals received by reasons of this request, to negotiate separately with any source whatsoever in any manner necessary to serve its interests. The County realizes that conditions other than price are important and may award based on unit prices or on cumulative totals; whichever method is determined to be in its best interests; may reject any or all proposals, any part of a proposal, or may waive any informality in a proposal. 10.0 PRICE GUARANTEE: Invoicing will be based on the L.A. Spot Market price at the Colton Terminal plus the delivery differential. The delivery differential shall be a fixed price for a period not less then one(1)year. Saturday, Sunday, and Holiday deliveries will use the L.A. Spot Market price from the previous reporting day. The vendor is to offer to the county any and all rebates, allowances or other price reduction incentives being offered to customers of the vendor, including any 'pass through" incentives from refineries. For the purposes of locations not outlined in this proposal, prices should be similar to locations (in proximity) quoted. 11.0 PURCHASE ORDER ADDRESS: If purchase orders are to be sent to an address other than that filled in by the vendor on the first page of this proposal, the vendor shall show on the following blank lines the address to which resultant orders from this proposal should be sent: 12.0 REFERENCES: Vendors responding to this RFP must provide a minimum of three (3) references of government agencies or private companies of similar size and scope to whom they have supplied products within the last five (5)years(see Attachment A). 10 Request for Proposal RFP. No. J-5 Purchasin g Department County San Bernardino Gas and Diesel Fuel Page 4 of 18 Purchasing C. STANDARD TERMS AND CONDITIONS 1.0 DELIVERY SERVICE: A. Delivery shall be made to point as specified in the County of San Bernardino and to the department of the County as ordered. B. Delivery shall be inside delivery to the specified inside point m directed by the County. C. Delivery shall be made complete as ordered within the time quoted by vendor from receipt of order. D. One Delivery-One Invoice E. Prompt delivery and efficient service are essential; failure to furnish such delivery and service will constitute a breach of this agreement. prior to utilizing a sub- F. Vendor must obtain approval, in writing, from County Purchasing p 9 contractor for small deliveries to outlying areas. Payments to any such sub-contractors used by the Vendor is the Vendor's responsibility. G. See Appendix D for delivery locations. 2.0 VENDORS GUARANTEE: a. In quoting, the vendor guarantees to make delivery of all items quoted, either from his stock, from warehouse stocks, or via manufacturer's shipment. If unavailable from Vendor's stock or if Vendor is unable to secure from warehouse or manufacturer, it shall be the Vendor's responsibility to see that the item is obtained from any other source having the item in stock. b. In case of default by Vendor, the County may procure the item from other sources and will charge contract holder for excess costs so paid and the prices paid by the County shall be considered to be the prevailing market price at the time such purchase is made. c. Vendor's response to this RFP is to be on the basis that all items bid are guaranteed equal in quality and pattern to those specified and that any item purchased as equivalent and found not acceptable to using department may be returned for full credit. d. The Vendor guarantees that the goods supplied under this RFP and any purchase order resulting from award of same will meet all the express warranties and the implied warranties of merchantability and fitness for the intended purpose(s). The Vendor assumes responsibility for damages caused by any defective units supplied and/or for breach of these warranties, including incidental and consequential damages that might arise. 3.0 CONFIDENTIALITY: It is the responsibility of bidders to identify information in their proposals which they consider to be confidential under the California Public Records Act, such as method of manufacture, materials, etc. To the extent that the County agrees with such a designation, such information will be held in strict confidence. All other information shall be considered public. 4.0 DISPUTES RELATING TO PROPOSAL PROCESS AND AWARD: In the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the Director of Purchasing. Vendor may appeal the recommended award or denial of award, provided the following stipulations are met: a. Appeal must be in writing. b. Must be submitted within ten (10) calendar days of the date of the recommended award or denial of award letters. County of San Bernardino Request for Proposal RFP. No. J-5 Purchasing Department Gas and Diesel Fuel Page 5 of 18 �+ An appeal of a denial of award can only be brought on the following grounds: a. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments. b. There has been a violation of conflict of interest as provided by California Government Code Section 87100 at seq. c. A violation of State or Federal law. Appeals will not be accepted for any other reasons than those stated above. All appeals must be sent to: Jim Lindley, Purchasing Director County of San Bernardino Purchasing Department General Services Building 777 E. Rialto Avenue San Bernardino, CA 92415-0760 5.0 IMPROPER CONSIDERATION: Vendor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the award of this proposal. The County, by written notice, may immediately terminate any contract resulting from this proposal process if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee of agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded. Vendor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. 6.0 INACCURACIES OR MISREPRESENTATIONS: If in the course of the RFP process or in the administration of a resulting contract, County determines that Vendor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to County, Vendor may be terminated from the RFP process or in the event a contract has been awarded,the contract may be immediately terminated. 7.0 EMPLOYMENT OF FORMER COUNTY OFFICIALS: Vendors are required to provide information on former County administrative officials (as defined below) who are employed by or represent your business. The information provided must include a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. This list should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this section, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. Request for Proposal RFP. No. J-5 Purchasin g Department County San Bernardino Gas and Diesel Fuel Page 6 of 18 Purchasing Failure to provide this information may result in the response to the Request for Proposal being deemed non-responsive. 8.0 DRUG-FREE WORKPLACE: The Vendor certifies that he will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b)to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The person's or organization's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and, 4. Penalties that may be imposed upon any employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed or resulting contract: 1. Will receive a copy of the company's drug-free policy statement; and, 2. Will agree to abide by the terms of the company's statement as a condition of employment. 9.0 TERMINATION CLAUSE: a. In the event the County exercises the right to terminate the contract for dissatisfaction, the County will give the Contractor three(3) days written notice of such termination. r b. The County and the Vendor each reserve the right to cancel, for any reason, all or portion of (� the services covered by this contract. To exercise this right, a thirty- (30) day written notice must be given. 10.0 WAIVER OF DEFAULT: Any waiver by County of any breach of any one or more of the terms of this contract shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term or condition herein. Failure on the part of the County to require exact, full, and complete compliance with any terms of this contract shall not be construed as in any manner changing the terms hereof, or stopping County from enforcement hereof. 11.0 INDEMNIFICATION AND INSURANCE REQUIREMENTS: a. Indemnification The Vendor agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. b. Insurance Without in any way affecting the indemnity herein provided and in addition thereto, the Vendor shall secure and maintain throughout the Contract the following types of insurance with limits as shown: 1. Workers' Compensation - A program of Workers' Compensation insurance or a State- approved Self-insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor t�,r and all risks to such persons under this Contract. Request for Proposal RFP. No.J-5 County of San Bernardino Gas and Diesel Fuel Page 7 of 18 Purchasing Department If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Worker's Compensation coverage will be waived by the County's Risk Manager. With respect to Vendors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. 2. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). c. Additional Named Insured All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. d. Waiver of Subrogation Rights The Vendor shall require the carriers of the above required coverage's to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, vendors, and subcontractor. e. Policies Primary and Non-Contributory All policies required above are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County. f. Proof of Coverage The Vendor shall immediately fumish certificates of insurance to the County Department administering the Contract evidencing the insurance coverage, including the endorsements above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department. Vendor shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Vendor shall furnish certified copies of the policies and all endorsements. g. Insurance Review The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore, unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change ® is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk, any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage. Request for Proposal RFP. No. J-5 Purchasing Department no County San B Gas and Diesel Fuel Page 8 of 18 12.0 PARTICIPATION: The County desires that Municipalities, School Districts, and other Tax Districts within San Bernardino County requiring like products may at their option and through the County Purchasing Agent avail themselves of the contract resulting from this proposal. Upon notice, in writing, the Vendor agrees to the extension of the terms of a resultant contract with such Governmental bodies as though they have been expressly identified in this bid, with the provision that: a. Such Governmental Body does not have and will not have in force any other contract for like purchases. b. Such Governmental body does not have under consideration for award any other bids or quotations for like purchases. c. Such Governmental body shall make purchases directly through the vendor; make payment directly to the vendor. The County will not be liable for any such purchase made between the vendor and another Governmental body who avails themselves of this contract. 13.0 AWARD: Award of contract 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 interest of the County. 14.0 SAMPLES: The County may require that vendors responding to this bid submit samples for the purpose of quality evaluation. Samples are to be identified by the item number in attachment C as requested by the Deputy Purchasing Agent.The vendor will provide these samples at no charge to the County. Samples will not be returned to the Vendor as they will be used during the �. evaluation process. 15.0 LENGTH OF CONTRACT: The contract awarded shall begin on October 1, 2007 or as soon as thereafter practicable and extend through September 30, 2010. At the end of the contract, the County has the option to extend the contract on a yearly basis until September 30, 2012. 16.0 ELECTRONIC FUND TRANSFER PROGRAM: The County of San Bernardino Auditor/Controller-Recorder office prefers direct deposit for vendor payments. Instead of creating a paper check the County will, with the vendor's approval, directly deposit funds to the vendor's checking account via electronic funds transfer (EFT). Details and forms regarding EFT payments will be provided upon award. 17.0 LOCAL PREFERENCE: The County of San Bernardino has adopted a preference for vendors whose principal place of business is located within the boundaries of the County. A five percent(5%) preference may be applied prior to approval of any purchase or acquisition of services, equipment, goods or supplies. For purposes of the application of the local preference policy (County Policy 11-12), "principal place of business" is defined as the vendor's main office (or headquarters) or a major regional office. A "major regional office" is defined as a business location apart from the vendor's main office(or headquarters)which: . Has been issued a business license, if required, and has been established and open for a minimum of six months prior to the date that the approval authority authorizes the circulation of an RFP/RFB/Quote for any contract, agreement, or purchase order to Q which it responds; and . Can demonstrate on-going business activity in the field of endeavor on which the Vendor is proposing, from that office during the preceding six months, and Request for Proposal Page 9 emardino County of San B Gas and Diesel Fuel Page 9 of f 8 1 18 Purchasing Department Has a minimum of twenty-five percent (25%) of the vendor's full time management employees and twenty-five percent (25%) of its full time regular employees working from the San Bernardino County location(s). The County's Local Preference Policy means for example, if two Vendors are responding to this RFP and if quality, service and ability to meet the County's needs are equal, County staff must determine if one of the Vendors is a local vendor. If one of the Vendors is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other vendors quoted price or cost, unless it is determined that an exemption applies, staff may recommend the local vendor for the contract award. 18.0 Procurement Card Program: The County participates in the State of California Procurement Card Program known as Cal-card (VISA credit card). Whenever possible, the County prefers to place orders and make payments utilizing procurement cards. Please indicate if your company accepts VISA: NO YES If your company does not accept procurement cards and you are interested in accepting VISA, contact your local bank or financial institution for assistance. Request for Proposal RFP. No. J-5 County of San Bernardino Gas and Diesel Fuel Page 10 of 18 Purchasing Department ATTACHMENT A-REFERENCES List three (3) government agencies or private sector companies of equal size and scope to whom you have supplied like product(s) within the last five (5) years. Agency Name: Address: Contact Person: Telephone No.: ( ) FAX No.: (_) Number of years your company has provided this product to this customer: Agency Name: Address: Contact Person: Telephone No.: (_) FAX No.: (_) Number of years your company has provided this product to this customer: Agency Name: Address: Contact Person: Telephone No.: (_) FAX No.: �) Number of years your company has provided this product to this customer: Submission of this document constitutes permission to the County to check, verify, and have certified all of the information contained herein. m F- aa aa Lu F 11 ri p Y'n � Tr Jf M i jrl i I � I� 17 n II�i o IF Of ri L "u °ap gg g oLL Fop uy 2 cc amain ,� a w c g a.L e2. exa"' u �gE BdBN'!: C l0 N O h � U O J 0 n. Request for Proposal RFP. No. J-5 County of San Bernardino Gas and Diesel Fuel Page 12 of 18 Purchasing Department Denatured Ethanol ATTACHMENT Specification Value Test method Ethanol vol% min. 92.1 ASTM D 5501-94(1998)et Methanol vol.%, max. 0_5 Solvent washed gum mg/100 5_0 ASTM D 381-00 air iet . apparatus ml max. pp Water content vol%, max. 1 ASTM E 203-96 or E 1064-00 Denaturant content. voIX min. 1.96 vol.%max. 4.76 The only denaturants shall be natural gasoline, gasoline components, or unleaded gasoline, Inorganic Chloride content, 40 32 Modification of ASTM D512- mass Om(mg/I1 max 89 1999 Procedure C''""' Cooper content mq/kg max. 00_1 Modification of ASTM D1688- 95 Test Method A Acidity(as acetic acid) mass% 0.007 56 ASTM D 1613-96(19991 (mg/1) max. pHe 6.5__9 0 ASTM D 6423-99 Appearance Visibly free of suspended or Determined at indoor ambient precipitated contaminants (clean temperature unless otherwise and bri ht agreed upon between the supplier and purchaser Note 1:The modification of ASTM D 512 Procedure C consists of usin 5 ml of sam le diluted with 20 ml of water in lace of the 25 ml sample specified in the standard procedure The water shall meet ASTM D 1193 Type 11. 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 ethanol sample as the chloride ion present in the diluted sample multiplied by rive Request for Proposal RFP. No.J-5 County of San Bernardino Gas and Diesel Fuel Page 13 of 18 Purchasin Department ATTACHMENT D C Fleet Management Department FUEL SITE LOCATION AND EQUIPMENT LIST LOCATION FUEL TYPE CAPACITY/GALLONS BIG BEAR SHERIFF UNLEADED-2 Nozzles 10,000 477 SUMMIT BLVD DIESEL 10,000 BIG BEAR 909-866-0100 LARRY WELSH UST-Joor Manufacture,Dispensers-Bennett,Twin(single dispenser),Balanced System, Veeder-Root UST Tank Monitoring System FONTANA SHERIFF UNLEADED—2Nozzles 10,000 17780 ARROW BLVD DIESEL 10,000 FONTANA PAT SACRLETTA 909-387-2828 UST-Joor Manufacture,Dispensers-Bennett,Twin(Single Dispenser),Balanced System, Veeder-Root UST Tank Monitoring System I GLEN HELEN SHERIFF UNLEADED—1 Nozzle 3,000 18000 WEST INSTUTION ROAD DEVORE AGST-Tmsco Manufacture,Dispenser-Fill-rite(Single Hose),Balanced System © MORONGOSHERIFF UNLEADED-2 Nozzles 20,000 6527 WHITE FEATHER RD. DIESEL 10,000 JOSHUA TREE 760-366A 175 GUY REEVES UST-Joor Manufacture,Dispensers- Bennett Twin,(Single Dispenser),Balanced System, Veeder-Root UST Tank Monitoring System TWIN SHERIFF UNLEADED-1 Nozzle 1 Nozzle HWY 189 le 3,000—Tank 2 26010 HWY 18 3,000—Tank3 Twin Peaks DIESEL 336-0600 BILL STUBBS AGST-Convault,Dispensers-Fill-rite (Two,Single Hose),Balanced System APPLE VALLEY RD. YD. UNLEADED— I Nozzle 6,000 1923 JOSHUA RD. DIESEL Apple Valley 760-247-8208 AGST-Trusco,Dispensers-Fill-rite(Single Hose),Balanced System 8 O 1 County of San Bernardino Request for Proposal RFP. No. J-5 Purchasing Department Gas and Diesel Fuel Page 14 of 18 LOCATION FUEL TYPE CAPACITY/GALLONS BALDY MESA RD. YD. UNLEADED— 1 Nozzle 110,000 12397 SYCAMORE ST. DIESEL Victorville 760-949-0335 AGST-Tmsco,Dispensers-Fill-rite(Single Hose),Balanced System BARSTOW RD. YD. UNLEADED-2 Nozzles 12,000 29802 HIGHWAY 58 DIESEL 12,000 Barstow 760-256-3631 UST-Joor,Dispensers -Dresser-Wayne Twin(Single Dispenser)Balanced System, Leak Alert UST Tank Monitoring System CHINO RD. YD. UNLEADED—I Nozzle 3,000 7000 MERRILL AVE DIESEL 6,000 Chino, 597-6270 UST-Convault,Dispenser-Fill-Rite(Single Hose),Balanced System CRESTLINE RD. YD. UNLEADED-1 Nozzle 10,000 23188 Crest Forest Drive DIESEL 10,000 Crestline 338-2140 AGST-Trusco,Dispenser-Fill-Rite(Single Hose), Balanced System 999 RUNNING SPRING RD.YD. DIESEL 1,500 1920 WILDERNESS RD. Running Springs I 867-3683 AGST-Trusco,Dispenser_Fill-Rite(Single Hose),Two Dispensers, Balanced System SAN BERNARDINO MAIN YARD PREMIUM—2 Nozzles 20,000 210 LENA ROAD UNLEADED—2 Nozzles 20,000 San Bemardino UNLEADED-2 Nozzles 10,000 387-2828 DIESEL 10,000 UST-Joor,dispensers-Dresser Wayne&Bennett Twins(Six Dispensers),Balanced System, Veeder-Root UST Tank Monitoring System BIG BEAR ROAD YARD DIESEL 6,000 N/O HWY 38 and STANFIELD CUTTOFF BIG BEAR LAKE 866-2167 AGST-Tmsco,dispenser-Fill-Rite(Single Hose),Balanced System 29 PALMS SERVICE CENTER UNLEADED-2 Nozzles 12,000 73663 MANANA DRIVE DIESEL 12,000 TWENTY NINE PALMS 760-367-9885 UST-Joor,Dispensers-Dresser/Wayne,One Twin Dispenser, Balanced System, Veeder-Root UST Tank Monitoring System County of San Bernardino Request for Proposal RFP. No. J-5 Purchasing Department Gas and Diesel Fuel Page 15 of 18 CLOCATION FUEL TYPE CAPACITY/GALLONS - NEEDLES SERVICE CENTER UNLEADED—I Nozzle 10,000 5 AIRPORT ROAD DIESEL NEEDLES 760/326-4117 AGST-Trusco,Dispensers-Fill-Rite(Single Hose),Balanced System WEST VALLEY SERVICE CENTER PREMIUM-2 Nozzles - 12,000 12672 4 TH.STREET UNLEADED—2 Nozzles 20,000 RANCHO CUCMONGA DIESEL 909-463-5127 UST-Joor,Dispensers-Bennett,Twin(Two Dispensers)Balanced System, Veeder-Root UST Tank Monitoring System BARSTOW SERVICE CENTER PREMIUM-1 Nozzle 7,500 1140 WEST MAIN STREET UNLEADED-2 Nozzles 10,500 BARSTOW DIESEL 7601256-5895 UST-unknown manufacture,Dispensers-Gilbarco,(One Twin&.One Single Dispenser),Balanced System, Veeder-Root UST Tank Monitoring System CALICOGHOSTTOWN UNLEADED— I Nozzle 500 INTERSTATE IS/ © GHOST TOWN ROAD YERMO 760/254-2122 - AGST-Convault,Dispenser-Fill-Rite(Single Hose),Balanced System GLEN HELEN REGIONAL PARK UNLEADED— I Nozzle 500 2555 GLEN HELEN PARKWAY DIESEL SAN BERNARDINO 909-880-2522 AGST-Trusco,Dispenser-Fill-rite,(Single Hose),Balanced System MOABI REGIONAL PARK UNLEADED— 1 Nozzle 1,000 INTERSTATE 15/ DIESEL PARK MOABI ROAD NEEDLES 760/326-3831 AGST-Convault,Dispenser-Fill-Rite,(Single Hose),Balanced System PRADO REGIONAL PARK UNLEADED— 1 Nozzle 1,500 16700 SOUTH EUCLID AVE. DIESEL 1,500 CHINO 909-597-4260 AGST-Hoover,Dispenser-Fill-Rite,(Single Hose),Balanced System County of San Bernardino Request for Proposal RFP. No. J-5 Purchasing Department Gas and Diesel Fuel Page 16 of 18 ©LOCATION FUEL TYPE CAPACITY/GALLONS YUCAIPA REGIONAL PARK UNLEADED— I Noule 500 33900 OAK GLEN ROAD DIESEL 500 YUCAIPA 909-790-3127 AGST—Trusco,Dispenser-Fill-Rite,(Single Hose),Balanced System TRONA ROAD YARD DIESEL 1,000 80311 TRONA ROAD TRONA,CA.93562 AGST—Goodspeed,Gravity Feed(no pump) Request for Proposal RFP. No. J-5 Purchasin g Department County San Bernardino Gas and Diesel Fuel Page 17 of 18 Purchasing ESTIMATED CONSUMPTION ATTACHMENT E EST.ANNUAL DELIVERY DIFFERENTIAL LOCATION Usage(Gallons) COST PER GALLON BIG BEAR SHERIFF 144,845.0 477 SUMMIT BLVD BIG BEAR FONTANA SHERIFF 85,961.0 17780 ARROW BLVD FONTANA GLEN HELEN SHERIFF 7.227.0 ¢ 18000 WEST INSTUTION ROAD DEVORE MORONGO SHERIFF 203,050.5 2 6527 WHITE FEATHER RD. JOSHUA TREE TWIN PEAKS SHERIFF 152,760.0 ¢ 26010 HWY 189 Twin Peaks APPLE VALLEY RD. YD. 44,364.0 1923 JOSHUA RD. Apple Valley BALDY MESA RD. YD. 80,652.0 6 12397 SYCAMORE ST. Victorville BARSTOW RD. YD. 39,078.0 d 29802 HIGHWAY 58 Barstow CHINO RD. YD. 41,902.0 4 7000 MERRILL AVE Chino, CRESTLINE RD. YD. 50670.5 C 23188 Crest Forest Drive Crestline RUNNING SPRING RD. YD. 2,690.5 4 1920 WILDERNESS RD. Running Springs SAN BERNARDINO MAIN YARD 1,499,171.5 C 210 LENA ROAD San Bernardino 2 Nozzles BIG BEAR ROAD YARD 16,476.0 C N/0 HWY 38 and STANFIELD CUTTOFF CBIG BEAR LAKE County of San Bernardino Request for Proposal RFP. No J-5 Purchasing Department Gas and Diesel Fuel Page 18 of 18 ESTIMATED CONSUMPTION EST. ANNUAL DELIVERY DIFFERENTIAL LOCATION USAGE (GALLONS) COST PER GALLON 29 PALMS SERVICE CENTER 69.418.0 C 73663 MANANA DRIVE TWENTY NINE PALMS NEEDLES SERVICE CENTER 68,604.0 5 AIRPORT ROAD NEEDLES WEST VALLEY SERVICE CENTER 291,075.5 C 12672 4 TH. STREET RANCHO CUCMONGA BARSTOW SERVICE CENTER 98.742.0 1140 WEST MAIN STREET BARSTOW CALICO GHOST TOWN 3,162.0 4 INTERSTATE 15/ GHOST TOWN ROAD YERMO CGLEN HELEN REGIONAL PARK 9,288.0 ¢ 2555 GLEN HELEN PARKWAY SAN BERNARDINO MOABI REGIONAL PARK 3,750.0 4 INTERSTATE 15/ PARK MOABI ROAD NEEDLES PRADO REGIONAL PARK 4,015.0 16700 SOUTH EUCLID AVE. CHINO YUCAIPA REGIONAL PARK 4,077.0 33900 OAK GLEN ROAD YUCAIPA TRONA ROAD YARD 4,198.5 C 80311 TRONA ROAD TRONA, CA. 93562 Estimated Total Gallons 2,583,323.5 total Discount OFF L.A. Spot Daily Average, CARB DIESEL % Discount OFF L.A. Spot Daily Average, UNLEADED REGULAR % © Discount OFF L.A. Spot Daily Average, UNLEADED PREMIUM % Attachment "2 PURCHASING DEPARTMENT COUNTY OF SAN BERNARDINO ist Rialto Avenue • San Bernardino, CA 92415-0760 • (909) 387-2060 JIM LINDLEV Fax (909) 387-2666 Director October 5, 2007 POMA Distributing Company P.O. Box 471 Bloomington, CA 92316 Attn.: Wayne Rogge RE: RFP J-5, "Gasoline and Diesel Fuel Congratulations! This letter is to advise you that after a competitive evaluation of the bids, your company has been awarded the contract for gasoline and diesel fuel for the County of San Bernardino. The new contract shall begin October 5, 2007 and extend through August 31, 2010. All pricing shall be per your proposal response. If you have any questions regarding this award, please do not hesitate to contact me at (909) 387- 2487. If you desire a recap of this bid, please e-mail your request to esegura@pur.sbcounty.gov. ly, Ed Segura Deputy Purchasing A � County of San Bernardino Cc. File Jim Lindley, Director— Purchasing Jim Friedrichsen — Fleet Management Fuel Superintendent REQUEST FOR PROPOSAL Date:7/17/07 Proposal No. J-5 COUNTY OF SAN BERNARDINO PURCHASING DEPARTMENT Page No. 1 of 18 Pages ..-. Materials and/or Services: Gas& Diesel Fuel Submit each individual proposal in separate sealed envelope with proposal number marked on outside to: To Be Delivered T0: Various Locations County Purchasing Agent 777 East Rialto Avenue San Bernardino,CA 92415.0760 BEFORE: Monday,August 20,2007,2:00 PM For further information, call: Ed Segura Deputy Purchasing Agent (909)387-2487 INSTRUCTIONS AND CONDITIONS 1. All prices and misters must be typewritten or printed in ink. No erasures servants and empbyess,harmless and defend same tram liability or any nature permifted. Mistakes may be crossed out and correctors made adjacent, and or kind on account of use of any copyright,or ua:opyrighkd composition,secret must be initialed in ink by person signing quotation, process,patented or unpalented invention,ar kse,or apakince furnished or used 2.State brand,or make,on each item.If quoting an article exactly as spedfied, under .this quotation. Mrs wows for equar must be stricken out by the venom,If quoting on offer than 16.Neither pant will be held liable for fabure or delay in fulfillment if hindered or make, model or brand specified, the numufacturels name and the catalog prevented by fire,strikes.or Acts of God.(Force Majeure) number must be given, or descriptive cut and information attached to the 17. Quotations are subject to acceptance at any time within 60 days after quotation. opening of same,unless otherwise stipulated. 3. Quote on each item separately. Prices should be stated in units Specified 18.Verify year quotations before submission,as they cannot be withdrawn or herein. co remtad after being opened. 4.Each quotation must be In separate sealed envelope with proposal number on 19.RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE.If you outside,and must be received by County Purchasing Agent, 7T East Rialto do not cluck,slam your reason;othervme your name may be removed from the Avenue, San Bernardino, CA 92415-0760 not later than the hour and day mailing list specified hereon,at which lima it will be publicly opened antl read. 20.Accounts paid for transportation of property to the County of San Bernardino 5.Tare of delivery is a pan of the consideration and must be stated in definite are exempt from Federal Transportation Tax. An exemption certificate is not terms,antl must be adhoreo to If time varies on different items,the vendor shall required where the shipping papers show the consignee as San Bema dim so state in the column provided,opposite each item. County,as such papers may be accepted by the carrier as proof of the exempt 6.Terms of less than 30 days for cash discount will W considered as mt. character of the shipment. 7.All quotations must be signed with the firm's name and by a responsible officer 21.To be considered,each vendor must have an approved Vendor Application or employee.Obligations assumed by such signatures must be htfilled. on file with the Purchasing Department Vendors must haw registered online 8.Unless otherwise definitely specified,the prices quoted herein do not include through the County Websim at hgp%/.M?N_N.SRR].4BIJf.9RY/A:16h951P91. California Sales Tax. 22.The Vendor agrees b comply with Executve Orders 11246, 11375, 11625, 9.No charge for packing,tlayage,or for any other purpose will be allowed over 12138,12432,12250,Title VII of tie Ci 1 Right Act of 1964,tie California Fair and above the prices quoted an this sheet. Employment Practice Act, Equal Employment Opportunity, San Bernardino 10.The right is reserved,unless otherwise stated b swept or reject any or all County Emerging Small Business Enterprise program, and other applicable quotations,or any part thereof,either separately or as a whale,or to waive any Federal, State, and County laws, regulations, and policies remting to equal informality in a proposal. employment and conracgng opporknnms, including laws and egulatom 11.The County recognizes that price is only one of several others m be used in hereafter enacted. The articles covered by the quotation must conform with jWging a product or seMce,and the County is mt legally bound to accept the safety mMers of OSHA,CALOSHA and/or NIQSHA and OSH-POD. lowest quote. 21 Assignment of the contact by the vendor to other sumflerslcond a tare must 12.Samples of items,when required,must be furnished free of expense to the be approved by the Pumhasing Agent. County:and if mt destroyed by tests,will upon request be refumetl at vendors 24. Prevailing Wages:Whore labor Is required for pudic work as a pan of any expense, requirements covered by this request for proposal,pursuant b the provisions of 13.In rase of default by the vendor,the County of San Bernardino trey procure the Labor Code of the State of California,contactor shall pay no less than those the articles or service from other sources and may deduct tram unpab balance minimum wages. due the vendor,or may collect against the bord of surely,or mail UK for excess 25.Convict of Intar l Your signature hereon cantles that W County employee, costs so paid, and the prices old by the County of San Bernardino shall be whose position in the County service enables them b influence any award of considered lire prevailing market prices paid at Me time such purchase is made. your offer or any competing offer, shall have any direct or indirect financial 14.Cost of transportation,handling,and/or inspection on deliveries,or offers for Interest in any transaction resulting from this request for proposal. delivery,which do rot meet specifications,will be for the account of the vendor. 26. Vendors melding delivery or providkg sonnets on County premises shall 15.The vendor shall hold the County of San Bernardino,its officers,agents, carry liabiay insumme and Workees Compensator,coverage in accordance with the County's Standard Practice requirements. IMPORTANT: Place signed proposal in envelope,seat envelope and show proposal number J-5 on outside. Realm proposal to the County Purchasing Agent,777 East Rialto Avenue,San Bernardino,CA 92415-0760 PRICES QUOTED F.O.B.DESTINATION UNLESS OTHERWISE STATED. The following,^�-syt be[ ed in by the contractor In submItUng his proposal: Date E 1—� '^ CompanyDcomfe hc�121.buJIm Delivery will be made in ZB4" 1-Ysr days ddress 511 IS� � eJI I)V�� VMUe from receipt of order unless otherwise noted. q ISO Cash Discount erms 2 1 a Zip 2 ` Signed By �Telepho o. 09 ) O p 7-7 5843 (J U DECEIVED , RFP-Cover Page-3/05 AUG 2 a Inn^ 0 711 8/0 7-dd County of Sir.P� O PURCHAS 6 9 . County of San Bernardino Request for Proposal RFP. No.J- -Purchasing Department Gas and Diesel Fuel Page 10 of ATTACHMENT A- REFERENCE List three (3) government agencies or private sector companies of equal size and scope to whom you have supplied like product(s)within the last five(5) years. Agency Name: Onj 11, UT &xn 4errar6LIrIO Address: 21© N. Lana- ar ad. Contact Person: cJ im Fr-cfdPichgcQ Telephone No.: (10 )339'-7FY55 FAX No.: Fqc] ) J3g7-rI ,,00 Number of years/yoour company has provided this product to this customer: 1 San _ I 'l \ Agency Name: lnn,��U ISf an Bcrn�4'1 q1 (D �. cenfrca. Ga&c_t.9e 1 Address: � o L SO . 'Sieple�u L'L) 6 Contact Person: Bobhi ( ee. Telephone No.: RN)3g4-5Z2D FAXNo.: Flag ) 324-5013 Number of years your_co{mppa_ny has provided this product to this custfomer:�� Agency Name: fL[C1111COKE406 aSTccl ._I_ njU8+2iC� Address: [4000 San &rYLl,YC1lno Avenue, Contact Person: To N3 i ?LW kI N p Telephone No.: (CL09) 350-6,1745 FAX No.: Fly) Number of years your company has provided this product to this customer: iJ Submission of this document constitutes permission to the County to check, verify, and have certified all of the information contained herein. County of San Bernardino Request for Proposal RFP. No.J- -Purchasing Department Gas and Diesel Fuel Page 3 of 1 9.0 ACCEPTANCE OR REJECTION OF PROPOSALS: Proposals shall remain open, valid, and subject to acceptance anytime within sixty (60) day after the proposal opening date and time, unless a longer period of time is mutually agreed to b the parties. The County reserves the right to reject any and all proposals received by reasons of thi request, to negotiate separately with any source whatsoever in any manner necessary to sere its interests. The County realizes that conditions other than price are important and may award based on un prices or on cumulative totals; whichever method is determined to be in its best interests; ma reject any or all proposals, any part of a proposal,or may waive any informality in a proposal. 10.0 PRICE GUARANTEE: Invoicing will be based on the L.A. Spot Market price at the Colton Terminal plus the deliver, differential. The delivery differential shall be a fixed price for a period not less then one(1)yeas Saturday, Sunday, and Holiday deliveries will use the L.A. Spot Market price from the previou reporting day. The vendor is to offer to the county any and all rebates, allowances or other prig reduction incentives being offered to customers of the vendor, including any "pass through incentives from refineries. For the purposes of locations not outlined in this proposal, price: should be similar to locations (in proximity) quoted. 11.0 PURCHASE ORDER ADDRESS: If purchase orders are to be sent to an address other than that filled in by the vendor on the firs page of this proposal, the vendor shall show on the following blank lines the address to whict resultant orders from this proposal should be sent: P, o• Box 4-71 8laomjf'X.fILYV r CLl . gZ31 (a 12.0 REFERENCES: Vendors responding to this RFP must provide a minimum of three (3) references of government agencies or private companies of similar size and scope to whom they have supplied products within the last five (5)years (see Attachment A). County of San Bernardino Request for Proposal RFP. No.J. Purchasing Department Gas and Diesel Fuel Page 9 of • Has a minimum of twenty-five percent (25%) of the vendors full time manageme employees and twenty-five percent(25%)of its full time regular employees working fro the San Bernardino County location(s). The County's Local Preference Policy means for example, if two Vendors are responding to th RFP and if quality, service and ability to meet the County's needs are equal, County staff mu determine if one of the Vendors is a local vendor. If one of the Vendors is a local vendor, ar its quoted price or cost for services, equipment, goods or supplies does not exceed five perce (5%) of the other vendor's quoted price or cost, unless it is determined that an exemptic applies, staff may recommend the local vendor for the contract award. 18.0 Procurement Card Program: The County participates in the State of California Procurement Cal Program known as Cal-card (VISA credit card). Whenever possible, the County prefers to plac orders and make payments utilizing procuremen ca s. Please indicate if your company accep, VISA: YES NO If your company does not accept procurement cards and you are interested in accepting VISi contact your local bank or financial institution for assistance. KINDER J NIORGpN SPECIFICATIONS FOR ULTRA LOW SULFUR CARB DIESEL FUEL Product Code 80 (1)(2)(3)(4) Specification Points ASTM Method Shipments Min. Max. Gravity,deg.API D-287 30.0 Flash point, deg. F. D-93 125 Sulfur,max ppm(2) D-5453, D-7039 8.0(2) Aromatic vol %,Max D-5186-96(3) 10.0 35.0(4) Color D-1500 4.0 Cetane Number D-613 40.0 OR Cetane Index D-976 40.0 Haze Rating/Workmanship D-4176 2.0 Cloud Point deg. F. D-2500 ASTM(4) Pour point deg. F. D-97 ASTM(4) Distillation D-86 540 640 90%Recovered deg. F. (1) In addition to above KMEP specifications, product must meet ASTM D-975 latest revision,with exception to lubricity requirement;this product may require treatment with a lubricity improver in order to be fully compliant with the latest revision of ASTM D-975 prior to terminal distribution. (2) At pipeline input;terminal delivery/distribution not to exceed 15 ppm. (3) California Air Resources Board. © (4) Maximum allowable fungible specification. All Refinery production having greater than 10 Vol%Aromatics must have been produced within the restrictions of a CARB Executive Order. 12/20/06 Section 6.3 Sec6.3.doc Page 10 KINDERMORGAN SPECIFICATIONS FOR UNLEADED REGULAR GASOLINE Product Codes Jl Thru J4 and J6(1) (2) (3) ASTM Specification Points Method Refinery Shipments Octane(R+M)/2 D-2699 87.0 D-2700 Reid Vapor Pressure D-4953, D-5191 psi max Grabner EPA (1) Distillation, deg. F. D-86 End Point Max. 437 Workmanship Clear and Bright Lead,Max.gm/gal. D-3237 0.030 Sulfur, ppm max D-4294,D-2622, D-5453 80 Phosphorus D-3231 0.005 Max.gm/gal. (1) Jl =9.00RVP, J2= 11.50, J3 = 13.50, 14= 15.00, J6=7.80 (2) In addition to the above KMEP specifications, product must meet latest revision of ASTM D-4814. (3) Maximum oxygen content is 0.05 weight%. O 12/20/06 Section 6.2 Sec6-2.doc Page 9 - County of San Bernardino Request for Proposal RFP. No.J- Purchasina Department Gas and Diesel Fuel Page 17 of 1 ESTIMATED CONSUMPTION ATTACHMENT) EST.ANNUAL DELIVERY DIFFERENTIAL LOCATION Usa¢e(Gallons) COST PER GALLON BIG BEAR SHERIFF 144,845.0 ¢ •�3g� 477 SUMMIT BLVD BIG BEAR FONTANA SHERIFF 85,961.0 l 17780 ARROW BLVD FONTANA GLEN HELEN SHERIFF 7,227.0 ¢ ' 18000 WEST INSTUTION ROAD DEVORE MORONGO SHERIFF 203,050.5 ¢ •�y �� 6527 WHITE FEATHER RD. JOSHUA TREE TWIN PEAKS SHERIFF 152,760.0 ¢ 17332 26010 HWY 189 Twin Peaks APPLE VALLEY RD. YD. 44,364.0 ¢ '173c 1923 JOSHUA RD. Apple Valley BALDY MESA RD. YD. 80,652.0 ¢ •�3N 12397 SYCAMORE ST. Vidorville BARSTOW RD. YD. 39,078.0 29802 HIGHWAY 58 Barstow CHINO RD. YD. 41,902.0 ¢ 3g(O 7000 MERRILL AVE Chino, CRESTLINE RD. YD. 50670.5 312- 23188 Crest Forest Drive Cresdine RUNNING SPRING RD.YD. 2,690.5 ¢ . 1 r 1920 WILDERNESS RD. Running Spdngs SAN BERNARDINO MAIN YARD 1,499,171.5 210 LENA ROAD San Bernardino 2 Nozzles BIG BEAR ROAD YARD 16,476.0 Q . Ll�(o N/O HWY 38 and STANFIELD CUTTOFF BIG BEAR LAKE County of San Bernardino Request for Proposal RFP.No.J. Purchasing Department Gas and Diesel Fuel Page 18 of ESTIMATED CONSUMPTION EST. ANNUAL DELIVERY DIFFERENTIAL LOCATION USAGE (GALLONS) COST PER GALLON 29 PALMS SERVICE CENTER 69,418.0 0 .6q95 73663 MANANA DRIVE TWENTY NINE PALMS NEEDLES SERVICE CENTER 68,604.0 ¢ • +�•' 5 AIRPORT ROAD NEEDLES WEST VALLEY SERVICE CENTER 291,075.5 ¢ U 7,2q 12672 4 TH.STREET RANCHO CUCMONGA BARSTOW SERVICE CENTER 98,742.0 ¢ 0 L 1140 WEST MAIN STREET BARSTOW CALICO GHOST TOWN 3,162.0 INTERSTATE 15/ GHOST TOWN ROAD YERMO GLEN HELEN REGIONAL PARK 9,288.0 ¢ 16 2555 GLEN HELEN PARKWAY SAN BERNARDINO MOABI REGIONAL PARK 3,750.0 ¢ y INTERSTATE 15/ PARK MOABI ROAD NEEDLES PRADO REGIONAL PARK 4.0j5.0 ¢ �° 16700 SOUTH EUCLID AVE. CHINO YUCAIPA REGIONAL PARK 4,077.0 ¢ �� 33900 OAK GLEN ROAD YUCAIPA TRONA ROAD YARD 4,198.5 ¢ •�� 80311 TRONA ROAD TRONA,CA. 93562 Estimated Total Gallons 2,583,323.5 total Discount OFF L.A. Spot Daily Average, CARB DIESEL — • 0�� ",(�( 0C. Discount OFF L.A. Spot Daily Average, UNLEADED REGULAR © Discount OFF L.A. Spot Daily Average, UNLEADED PREMIUM -i"* ' P G Effective April 2010 Attachment "T' County of San Bernardino Fleet Management Department Gas & Diesel Fuel Cost Per Gallon Delivery Differential Location Cost (in cents) Barstow Road Yard .0200 Barstow Service Center .0200 Fontana Sheriff .0224 San Bernardino Main Yard .0224 West Valley Service Center .0224 Baldy Mesa Road Yard .0310 Crestline Road Yard .0312 Twin Peaks Sheriff .0332 Apple Valley Road Yard .0350 Big Bear .0386 Chino Road Yard .0386 Big Bear Road Yard .0486 Moron go Sheriff .0493 29 Palms Service Center .0493 Glen Helen Sheriff .0500 Glen Helen Regional Park .1000 Needles Serice Center .1200 Prado Regional Park .1200 Yucaipa Regional Park .1200 Running Springs Road Yard .1500 Calico Ghost Town .2075 Trona Road Yard .2075 Moabi Regional park .4900 Cost per Gallon Discount OFF L.A. Spot Daily Average for (cents) Carb Diesel -.0050 Unleaded— Regular -.0029 Unleaded—Premium +.0100 Cost per Gallon New Delivery 1 —999 Gallons .2075 1,000—2,499 Gallons .1775 �.. 2,500—4,499 Gallons .1475