HomeMy WebLinkAbout05.L- Public Works 5.L
RESOLUTION (ID # 3862) DOC ID: 3862 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 06/15/2015
Prepared by: Adrienne Loa,
Dept: Public Works Ward(s): All
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 to Merit Oil Company for the Purchase of Gasoline and Diesel Fuel.
(#3862)
Current Business Registration Certificate: Yes
Financial Impact:
These funds will be expended from the Fleet Fund throughout FY 2015/16. This item is
for the purchase of unleaded and diesel fuels for all associated City vehicles. The total
purchase order amount will be a not exceed amount of $1,500,000 from account 635-
400-0100-5113 Motor Fuel & Lubricants.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
02/17/04 Resolution No. 2004-53 was adopted, approving participation with County and
Poma
08/02110 Resolution No. 2010-259 was adopted, approving participation with County
and Poma
06/20/11 Resolution No. 2011-140 was adopted, approving participation with County
and Poma
Background:
On June 13, 2014, the County of San Bernardino and Merit entered into a contract for
the purchase of gasoline and diesel fuel. The County's Request for Proposal for
Gasoline and Diesel fuel included the following participations clauses:
The County desires that Municipalities, School Districts, and other Tax Exempt Districts
with San Bernardino County requiring like products, may at their option and through the
County Purchasing Agent, avail themselves of the contract resulting from the 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. Within the provision that:
(a) Such Governmental body does not have and will not have in force any other contract
Updated: 6/8/2015 by Linda Sutherland B I Packet Pg. 343
5.L
3862
for like purchases.
(B) Such Governmental body does not have under consideration for award any other
bids or quotations for the 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 MERIT EXCON attachment, section "B" General
Contract Requirements.
The term of the County contract is from 06/13/2014 through 06/30/2015. At the end of
the contract the County has the option to extend the contract on a yearly basis through
10/30/2016. Fleet staff is requesting an annual purchase order be issued to Merit in the
amount of$1,500,000 pursuant to Section 3.04.010.133 of the Municipal Code for the
purchase of gasoline and diesel fuel for FY 2015-2016. At such time that the County
decides to re-bid this contract, Fleet staff will return to the Mayor and Common Council
for approval of a new contract and agreement. The City of San Bernardino Fleet
Management Division has entered into this type of cooperative purchase agreement
with the county of San Bernardino annually since 2004 with excellent results.
City Attorney Review:
Supporting Documents:
Merit Oil Company Fuel Reso (DOC)
agrmt 3862 (PDF)
f MERIT EXCON (PDF)
Final Recap 0889 (PDF)
Merit (3) (PDF)
SB County & Merit Extension 2016 (PDF)
Updated: 6/8/2015 by Linda Sutherland B Packet Pg. 344
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 TO
MERIT OIL COMPANY FOR THE PURCHASE OF GASOLINE AND DIESEL
4 FUEL.
5 WHEREAS,Merit Oil Company currently has an agreement with the County
6 of San Bernardino for the purchase of gasoline and diesel fuel;
7
NOW, THEREFOR, BE IT RESOLVED BY THE MAYOR AND COMMON
8 COUNCIL FO THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
10 to execute on behalf of said City an Agreement between the City of San Bernardino and
Merit Oil Company, a copy of which is attached hereto, marked as Exhibit "A" and
11 incorporated herein by this reference as fully as though set forth at length.
12 SECTION 2. The Director of Finance, or designee, is hereby authorized to issure a
13 purchase order to Merit Oil Company in the amount of $1,500,000 for FY 15-16
14 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
15 read, "Merit Oil Company for the purchase of gasoline and diesel fuel. Agreement not to
exceed $1,500,000 in FY 15-16" and shall incorporate the terms and conditions of the
16 agreement.
17 SECTION 4. The authorization to execute the above referenced Purchase Order and
18 Agreement is rescinded if it is not executeed by both parties withing sixty (60) days of the
passage of this resolution.
19
20
21
22
23
24
25
26
27
28 p
/,✓
51 a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $1,500,000 TO
MERIT OIL COMPANY FOR THE PURCHASE OF GASOLINE AND DIESEL
3 FUEL.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting
6
7 thereof, held on the day of , 2015,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
U-
4-
9
MARQUEZ
10
BARRIOS L
11 a.
12 vALDIVIA
13 SHORETT
0
U)
Q
14 NICKEL
d
15 JOHNSON
16 C CL
MULVIHILL E
0
17
0
18 L
19 Georgeann Hanna, City Clerk
w
20 The foregoing resolution is hereby approved this day of , 2015. E
21
a
22 R. Carey Davis, Mayor
23 City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26
By:
27
28
2
` Packet Pg. 346
I
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND MERIT OIL COMPANY FOR THE PURCHASE OF GASOLINE AND DIESEL
FUEL
This Vendor Service Agreement is entered into this 15th day of .Tune 2015, by and
between Merit Oil Company ("VENDOR") and the City of San
Bernardino ("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the City of San Bernardino 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
a�
WHEREAS, this purchase is exempt from the formal contract procedures of Sections o
N
U)
3.04.010 of the Municipal Code, pursuant to Sections 3.04.010. B.3 of said Code, "Purchases 0
approved by the Mayor and Common Council; and, a
Cq
n
NOW, THEREFORE,the parties hereto agree as follows: V
N
<D
1. SCOPE OF SERVICES. M
E
For the remuneration stipulated, CITY hereby engages the services of VENDOR to I
r
provide those products and services as set forth in Attachments "1, 2 and 3" and incorporated
herein by this reference. Y
w
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$1,500,000 for gasoline and diesel fuel.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
1
Packet Pg. 347
3. TERM; TERMINATION.
The term of this Agreement shall be for July 1, 2015 through June 30, 2016, a period of
one year. This agreement shall continue thereafter on a yearly basis unless terminated by
either party with thirty (30) days written notice. Except as otherwise provided in an Order
Form, this Agreement becomes effective on the date the Agreement is accepted. VENDOR
reserves the right, in its discretion,to suspend or terminate this Agreement.
This Agreement may be terminated at any time by thirty (30) days written notice by
4-
either party. The terms of this Agreement shall remain in force unless mutually amended. y
s
4. INDEMNITY. L
a.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and N
M
volunteers from any and all claims, actions, losses, damages and/or liability resulting from cN
co
CITY's negligent acts or omissions arising from. the CITY's performance of its obligations E
L
under the Agreement. w
w
c
d
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from Q
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
2
Packet'Pg.348
5.L.b
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement.
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers' 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 of any change or
0
termination in the policy. N
6. NON-DISCRIMINATION.
a
In the performance of this Agreement and in the hiring and recruitment of employees,
fir✓ VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, c4
co
M
discrimination in employment of persons because of their race, religion, color, national origin, E
L
0
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
d
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code. a
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
3
Packet Pg.U9
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits;
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
LL
4-
Any notices to be given pursuant to this Agreement shall be deposited with the United d°,
W
States Postal Service,postage prepaid and addressed as follows: 0
a
TO THE CITY: Public Works Fleet Management Division C;;
182 S Sierra Way o
San Bernardino, CA 9240$
Telephone: (909) 384-5220 W
M
TO THE VENDOR: Nuckles Oil Company DBA Merit Oil Company a�
President—Ron Nuckles
P O Box 341 c
Bloomington CA 92316-0341 E
Telephone: (909) 877-4126
r
a
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
4
Packet Pg.350
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees"for the purposes of this paragraph.
11. 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 5Z
U-
of VENDOR's obligation to perform all other obligations to be performed by VENDOR 0
N
M
hereunder for the term of this Agreement. 2
o.
12. VENUE. N
00
The parties hereto agree that all actions or proceedings arising in connection with this N
c�
Agreement shall be tried and litigated either in the State courts located in the County of San
L
Bernardino, State of California or the U.S. District Court for the Central District of California, `°
c
Riverside Division. The aforementioned choice of venue is intended by the parties to be the E
mandatory and not permissive in nature. Q
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. 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.
5
Packet Pg:351
15. 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.
16. SEVERABILITY. a�
U_
4-
If any provision of this Agreement is determined by a court of competent jurisdiction to 0
�a
be invalid or unenforceable for any reason, such determination shall not affect the validity or L
n.
enforceability of the remaining terms and provisions hereof or of the offending provision in any N
co
other circumstance, and the remaining provisions of this Agreement shall remain in full force v
N
00
and effect.
E
L
17. ENTIRE AGREEMENT; MODIFICA'T'ION. CU
This Agreement constitutes the entire agreement and the understanding between the E
parties, and supersedes any prior agreements and understandings relating to the subject manner a
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
6
Packet Pg.352
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND MERIT OIL COMPANY FOR THE PURCHASE OF GASOLINE AND DIESEL
FUEL
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 2015 VENDOR — Merit Oil Company
By:
Its:
as
U-
4-
0
N
Dated , 2015 CITY OF SAN BERNARDINO o
s
By: nom.
Allen J. Parker, City Manager N
Approved as to Form:
Gary D. Saenz, City Attorney
N
to
B M
Y' ++
E
L
W
E
U
t4
w
a
Packet Pg. 353
LL
4-
0
a�
L
a
N
t0
Terms and Conditions o
U
Gasoline & Diesel Fuel W
AG E N CY14-P U RC-0889
Y
d
E
V
V
Q
County of San Bernardino
Purchasing Department
777 E. Rialto Ave.
San Bernardino, CA 92415-0760
Packet Pg.354
VENDOR'S RESPONSIBILITIES
A.1 Electronically monitor designated County locations to initiate automated orders in compliance witt
the County's policies pertaining to tank fill-levels and disaster preparedness, and alert Flee
Management to tanks found with less than 50% volume within 48 hours.
A.2. Provide fuel within 24 hours of order.
A.3 Accept procurement cards and add merchant fees to invoices as appropriate.
AA Comply with all County instructions and site security measures (re-secure the site after delivery).
A.5 If subcontractors are used (see B.7), all invoicing to be directed through Vendor.
A.6 County of San Bernardino will be given first priority for the delivery of fuel during a disaster.
B. GENERAL CONTRACT REQUIREMENTS
B.1 Recitals a�
The recitals set forth above are true and correct and incorporated herein by this reference. Li
4-
0
B.2 Legality and Severability N
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Contract are specifically made
severable. 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.
M
B.3 Representation of the County Z
In the performance of this Contract, Vendor, its agents and employees, shall act in an independent O
capacity and not as officers, employees, or agents of the County of San Bernardino. w
B.4 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or g
employment arrangement between the Parties hereto, nor shall either Party have the right, power c
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party a�
hereto.
E
R
rr
B.5 Primary Point of Contact q
Vendor will designate an individual to serve as the primary point of contact for the Contract. Vendor
or designee must respond to County inquiries within two (2) business days. Vendor shall not
change the primary contact without written acknowledgement to the County. Vendor will also
designate a back-up point of contract in the event the primary contact is no available,
B.6 Change of Address
Vendor shall notify the County in writing, of any change in mailing address within ten (10) business
days of the change.
B.7 Subcontracting
Vendor agrees not to enter into any subcontracting agreements for work contemplated under the
Contract without first obtaining 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.
B.8 Agreement Assignability
Revised 03122/2012 PCket Pg.355
5.L.c
Without the prior written consent of the County, the Contract is not assignable by Vendor either ii
whole or in part.
B.9 Agreement Modification
Vendor agrees any alterations, variations, modifications, or waivers of the provisions of thi
Contract, shall be valid only when reduced to writing, executed and attached to the original Contrac
and approved by the person(s) authorized to do so on behalf of Vendor and County.
13.10 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of the respective parties
provided no such assignment is in violation of the provisions of this Contract.
B.11 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
B.12 Strict Performance d
Failure by a party to insist upon the strict performance of any of the provisions of this Contract b) u-
the other party, or the failure by a party to exercise its rights upon the default of the other party 0
shall not constitute a waiver of such party's right to insist and demand strict compliance by the other
party with the terms of this Contract thereafter.
L
13.13 Mutual Covenants a.
The parties to this Contract mutually covenant to perform all of their obligations hereunder, tc CN
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable M
manner consistent with the standards of"good faith" and "fair dealing". z
0
B.14 Contract Exclusivity X
This is not an exclusive Contract. The County reserves the right to enter into a contract with other w
Vendors for the same or similar services. The County does not guarantee or represent that the W
Vendor will be permitted to perform any minimum amount of work, or receive compensation other g
than on a per order basis, under the terms of this Contract.
a�
13.15 Notification Regarding Performance =
In the event of a problem or potential problem that could impact the quality or quantity of work, M
services, or the level of performance under the Contract, the Vendor shall notify the County within
one (1)working day, in writing and by telephone.
B.16 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own
costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to
those costs and attorney fees directly arising from a third-party legal action against a party hereto
and payable under Indemnification and Insurance Requirements.
B.17 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue of any action or
claim brought by any party to this Contract will be the Superior Court of California, County of San
Bernardino, San Bernardino District or the Federal District Court, Riverside, CA. Each party hereby
waives any law or rule of the court, which would allow them to request or demand a change of
venue. If any action or claim concerning this Contract is brought by any third-party and filed in
another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the
Superior Court of California, County of San Bernardino, San Bernardino District.
Revised 03/22/2012 Packet Pg:356
B.18 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
B.19 Licenses, Permits and/or Certifications
Vendor shall ensure that it has all necessary licenses, permits and/or certifications required by the
laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Vendo
shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract
Vendor will notify County immediately of loss or suspension of any such licenses, permits and/o
certifications. Failure to maintain a required license, permit and/or certification may result it
I immediate termination of this Contract.
B.20 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 Agreement, the Vendor shall notify the Count`
within one (1)working day, in writing and by telephone.
B.21 Conflict of Interest a�
Vendor shall make all reasonable efforts to ensure that no conflict of interest exists between it: u-
officers, employees, or subcontractors and the County. Vendor shall make a reasonable effort tc m
prevent employees, Vendor, or members of governing bodies from using their positions foi 0
purposes that are, or give the appearance of being motivated by a desire for private gain foi
themselves or others such as those with whom they have family business, or other ties. Officers
employees, and agents of cities, counties, districts, and other local agencies are subject tc a.
applicable conflict of interest codes and state law. In the event the County determines a conflict ol N
co interest situation exists, any increase in costs, associated with the conflict of interest situation, may
be disallowed by the County and such conflict may constitute grounds for termination of the Z
Contract. This provision shall not be construed to prohibit employment of persons with whorr 0
Vendor's officers, employees, or agents have family, business, or other ties so long as the w
employment of such persons does not result in increased costs over those associated with the W
employment of any other equally qualified applicant. R
W
B.22 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 this Contract. Q
I
The County, by written notice, may immediately terminate any this Contract 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 the County
Administrative Office. In the event of a termination under this provision, the County is entitled to
pursue any available legal remedies.
B.23 Former County Administrative 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 includes a list of former County administrative officials who terminated County
employment within the last five years and who are now officers, principals, partners, associates or
members of the business. The information also includes the employment with or representation of
Revised 03/22/2012 Packet P .357
0 Vendor. For purposes of this provision, "County administrative official" is defined as a member o
the Board of Supervisors or such officer's staff, County Executive Officer or member of suet
officer's staff, County department or group head, assistant department or group head, or an\
employee in the Exempt Group, Management Unit or Safety Management Unit.
8.24 Improper Influence
Vendor shall make all reasonable efforts to ensure that no County officer or employee, whose
position in the County enables him/her to influence any award of the Contract or any competinc
offer, shall have any direct or indirect financial interest resulting from the award of the Contract o
shall have any relationship to the Vendor or officer or employee of the Vendor.
I B.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Vendor ha:
made a material misstatement or misrepresentation or that materially inaccurate information haE
been provided to the County, this Contract may be immediately terminated. If this Contract iE
terminated according to this provision, the County is entitled to pursue any available legal remedies.
d
8.26 Ownership of Documents u
All documents, data, products, graphics, computer programs and reports prepared by Vendor o
pursuant to the Contract shall be considered property of the County upon payment for services (and )
product, if applicable). All such items shall be delivered to County at the completion of work under
the Contract, subject to the requirements of Section IV—Term of the Contract. Unless otherwise
directed by County, Vendor may retain copies of such items.
N
8.27 Release of Information co
No news releases, advertisements, public announcements or photographs arising out of the z
Contract or Vendor's relationship with County may be made or used without prior written approval 0
of the County. x
W
r—
B.28 Participation Clause
The County desires that Municipalities, School Districts, Transit Agencies, and other Tax Districts uJ
within the County of San Bernardino requiring the same services provided herein may at their c
option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in 5
writing, the Vendor agrees to the extension of the terms of a resultant contract with such s
governmental bodies as though they have been expressly identified in this bid, with the provisions um
that: a
B.28.1 Such governmental body does not have and will not have in force any other contract for
like purchases.
8.28.2 Such governmental body does not have under consideration for award any other bids or
quotations for like purchases.
Such governmental body shall make purchases directly through and 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.
B.29 Damage to County Property
Vendor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles,
facilities, buildings or grounds caused by the willful or negligent acts of Vendor or its employees or
agents. 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, shall repay all costs incurred by the County for such repairs,
Revised 03/22/2012 Packet l?g.358
5.L.c
by cash payment upon demand, or County may deduct such costs from any amounts due to th,
Vendor from the County.
B.30 Air, Water Pollution Control, Safety and Health
Vendor shall comply with all air pollution control, water pollution, safety and health ordinances an
statutes, which apply to the work performed pursuant to this Contract.
B.31 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as
material condition of this Contract, the Vendor agrees that the Vendor and the Vendor's employees
while performing service for the County, on County property, or while using County equipment:
B.31.1 Shall not be in any way impaired because of being under the influence of alcohol or <
drug.
B.31.2 Shall not possess an open container of alcohol or consume alcohol or possess or N
under the influence of an illegal drug.
d
B.31.3 Shall not sell, offer, or provide alcohol or a drug to another person. U_
4-
0
This shall not be applicable to a Vendor or Vendor's employee who, as part of the performance o w
normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
L
The Vendor shall inform all employees that are performing service for the County on County 0.
property, or using County equipment, of the County's objective of a safe, healthful and productivE CN
co
Ar work place and the prohibition of drug or alcohol use or impairment from same while performint M
such service for the County. Z
0
B.32 Environmental Requirements x
In accordance with County Policy 11-10, the County prefers to acquire and use products with highei w
levels of post-consumer recycled content. Environmentally preferable goods and materials musi w
perform satisfactorily and be available at a reasonable price. The County requires Vendor to use Lu
recycled paper for any printed or photocopied material created as a result of this Contract. Vendor
is also required to use both sides of paper sheets for reports submitted to the County whenever
practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste
Management Act of 1989 (AB 939), Vendor must be able to annually report the County's
environmentally preferable purchases. Services providers are asked to report on environmentally
preferable goods and materials used in the provision of their service to the County.
B.33 Employment Discrimination
During the term of the Contract, Vendor shall not willfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, gender, marital status, age, political affiliation, disability or sexual
orientation. Vendor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432,
12250, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and
other applicable Federal, State and County laws and regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter enacted.
B.34 Debarment and Suspension
The Vendor certifies that neither it nor its principals or subcontracts is presently disbarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any federal department or agency as required by Executive Order 12549.
359
Revised 03/22/2012 Packet Pg
rm I Dispute.35 info Resolution a p
In the event the County determines that service is unsatisfactory, or in the event of any othe
dispute, claim, question or disagreement arising from or relating to this Contract or breach thereo-
the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreemen
To this effect, they shall consult and negotiate with each other in good faith and, recognizing the!
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
8.36 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable fo
all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Cod(
section 2204(a), the Vendor certifies that at the time the Contract is signed, the Vendor signing thi
Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Cod(
section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging it
investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, o
as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.
Vendors are cautioned that making a false certification may subject the Vendor to civil penalties u-
termination of existing contract, and ineligibility to bid on a contract for a period of three (3)years it v
accordance with Public Contract Code section 2205.
13.37 County Representative
The Purchasing Agent shall represent the County in all matters pertaining to the services to bE 0-
rendered under this Contract, including termination and assignment of this Contract, and shall bE
the final authority in all matters pertaining to the Services/Scope of Work by Vendor. M
Z
B.38 Records 0
Vendor shall maintain all records and books pertaining to the delivery of services under thi: X
Contract and demonstrate accountability for contract performance. All records shall be complete �
and current and comply with all Contract requirements. Failure to maintain acceptable records shal 2
be considered grounds for withholding of payments for invoices submitted and/or termination of the g
Contract. .r
c
d
All records relating to the Vendor's personnel, consultants, subcontractors, Services/Scope of Work =
and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. um
Records should include primary source documents. Fiscal records shall be kept in accordance war a
Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue
and expenditures. Fiscal records must comply with the appropriate Office of Management anc
Budget (OMB) Circulars which state the administrative requirements, cost principles and other
standards for accountancy.
C. TERM OF CONTRACT
This Contract is effective as of June 16, 2014 through June 15, 2015 but may be terminated earlier in
accordance with provisions of this Contract. The Contract term may be extended for one additional year
period by mutual agreement of the parties.
The County and the Vendor each reserve the right to terminate the Contract, for any reason, with a thirty
(30) day written notice of termination. Such termination may include all or part of the services described
herein. Upon such termination, payment will be made to the Vendor for services rendered and expenses
reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Vendor
shall promptly discontinue services unless the notice directs otherwise. Vendor shall deliver promptly to
County and transfer title (if necessary) all completed work, and work in progress, including drafts,
documents, plans, forms, data, products, graphics, computer programs and reports.
eket
Revised 03/22/2012 Pa Pg 360;
5.L.c
COUNTY RESPONSIBILITIES
The County will place orders in the format required by Vendor, and will supply vendor with keys, gat(
codes, and any special access instructions for all delivery locations.
E. FISCAL PROVISIONS
E.1 The Fleet Management Department will process all invoices within 14 days in an effort to pad
Vendor within 30 days. Payments will occur not later than Net 60 days.
E.2 Provide delivery receipt at manned locations at time of delivery. For unmanned locations, provide
deliver receipt with invoice.
E.3 Submit invoices electronically to Fleet Management within 48 hours of delivery. Invoice mus
contain at a minimum the following information: Invoice #, gallons delivered by fuel type, fuel cos
(total and cost/gallon), breakout of all taxes &fees, location of delivery.
I
E.4 Vendor shall accept all payments from County via electronic funds transfer(EFT) directly depositec
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, u-
w
0
E.5 County is exempt from Federal excise taxes and no payment shall be made for any personal a
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. Should any tax laws change in the future, °
governing law will prevail.
00
M
E.6 Costs for services under the terms of this Contract shall be incurred during the contract period Z
except as approved by County. Vendor shall not use current year funds to pay prior or future year o
obligations. w
F. INDEMNIFICATION AND INSURANCE REQUIREMENTS R
Uj
F.1 Indemnification 2
The Vendor 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 d
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 8
incurred by the County on account of any claim except where such indemnification is prohibited by Q
law. This indemnification provision shall apply regardless of the existence or degree of fault of
indemnities. The Vendor 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.
F.2 Additional Insured
All policies, except for Worker's 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. The additional insured endorsements shall not limit the scope
of coverage for the County 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.
F.3 Waiver of Subrogation Rights
The Vendor shall require the carriers of required coverages to waive all rights of subrogation
against the County, its officers, employees, agents, volunteers, Vendors and subcontractors. All
Revised 03/22/2012 Packet Pg. 361
5.L.c
^ general or auto liability insurance coverage provided shall not prohibit the Vendor and Vendor'
employees or agents from waiving the right of subrogation prior to a loss or claim. The Vendc
hereby waives all rights of subrogation against the County.
F.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self
insurance programs carried or administered by the County.
F.5 Severability of Interests
The Vendor agrees to ensure that coverage provided to meet these requirements is applicabit
separately to each insured and there will be no cross liability exclusions that preclude coverage fo
suits between the Vendor and the County or between the County and any other insured o
additional insured under the policy.
I
F.6 Proof of Coverage
The Vendor shall furnish Certificates of Insurance to the County Department administering the
Contract evidencing the insurance coverage at the time the Contract is executed, additiona Z
endorsements, as required shall be provided prior to the commencement of performance o u-
services hereunder, which certificates shall provide that such insurance shall not be terminated ol 0
expire without thirty (30) days written notice to the Department, and Vendor shall maintain sucf
insurance from the time Vendor commences performance of services hereunder until the
completion of such services. Within fifteen (15) days of the commencement of this contract, the '3
Vendor 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.
M
F,7 Acceptability of Insurance Carrier Z
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorizec O
to do business in the State of California and with a minimum "Best" Insurance Guide rating of °A- X
V I l". W
W
F.8 Deductibles and Self-Insured Retention 2
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and
approved by Risk Management.
s
F.9 Failure to Procure Coverage o
In the event that any policy of insurance required under this contract does not comply with the a
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 Vendor or County payments to the
Vendor will be reduced to pay for County purchased insurance.
F.10 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,
JC 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.
Revised 03/22/2012 PaCket,Pg. 362
Any change requiring additional types of insurance coverage or higher coverage limits must N
made by amendment to this contract. Vendor agrees to execute any such amendment within third
(30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any o
the insurance and indemnification requirements will not be deemed as a waiver of any rights on the
part of the County.
F.11 The Vendor agrees to provide insurance set forth in accordance with the requirements herein. I
the Vendor uses existing coverage to comply with these requirements and that coverage does no
meet the specified requirements, the Vendor agrees to amend, supplement or endorse the existinc
coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Vendor shal
secure and maintain throughout the contract term the following types of insurance with limits a:
shown:
FA 1.1 Workers' Compensation/Employer's Liability — A program of Workers' Compensatior Z
insurance or a state-approved, self-insurance program in an amount and form to meel U-
all applicable requirements of the Labor Code of the State of California, including o
Employer's Liability with $250,000 limits covering all persons including volunteers 0
providing services on behalf of the Vendor and all risks to such persons under this
contract.
a
If Vendor has no employees, it may certify or warrant to the County that it does not N
currently have any employees or individuals who are defined as "employees" under the
Labor Code and the requirement for Workers' Compensation coverage will be waived by Z
the County's Director of Risk Management. o
X
With respect to Vendors that are non-profit corporations organized under California or w
Federal law, volunteers for such entities are required to be covered by Workers' R
Compensation insurance.
F.11.2 Commercial/General Liability Insurance — The Vendor shall carry General Liability d
Insurance covering all operations performed by or on behalf of the Vendor providing
coverage for bodily injury and property damage with a combined single limit of not less r
than one million dollars ($1,000,000), per occurrence. The policy coverage shall a
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.
F.11.3 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 Vendor 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.
Revised 03/22/2012 P.acketg 363.
If the Vendor owns no autos, anon-owned auto endorsement to the General Liabilat,
policy described above is acceptable.
F.11.4 Umbrella Liability insurance — An umbrella (over primary) or excess policy may be use(
to comply with limits or other primary coverage requirements. When used, the umbrell,
policy shall apply to bodily injury/property damage, personal injury/advertising injury an(
shall include a "dropdown" provision providing primary coverage for any liability no
covered by the primary policy. The coverage shall also apply to automobile liability.
F.11.5 If insurance coverage is provided on a "claims made" policy, the "retroactive date" shat
be shown and must be before the date of the state of the contract work. The claim;
made insurance shall be maintained or "tail" coverage provided for a minimum of five (5
years after contract completion.
F.11.6 Environmental Contracts - In addition to the Basic Requirements/Specification;
for all Contracts, any contract that involves the use, handling, transportation
storage, abatement, containment or testing of any substance that is potentiall} u-
toxic or hazardous to the environment, including but not limited to, those listed a.4 o
hazardous by the United States Department of Transportation or the CAL OSHA 00
"Director's list of Hazardous Substances" or listed as radioactive by the Nuclear
Regulatory Commission, shall have the following ditional requirements.9' 9
a. Environmental Liability Insurance with a combined single limit of not less than fiVe a:
million ($5,000,000) per claim or occurrence and a separate aggregate for the N
' contract project. The required additional insured endorsement shall protect the co
County without any restrictions. Z
O
b. If insurance coverage is provided on a "claims made" policy, the "retroactive date' x
shall be shown and must be before the date of the start of the contract work. The LU
claims made insurance shall be maintained or "tail" coverage provided for a R
minimum of five (5) years after contract completion.
.;r
G. RIGHT TO MONITOR AND AUDIT d
GA The County, State and Federal government shall have absolute right to review and audit all E
records, books, papers, documents, corporate minutes, and other pertinent items as requested, and a
shall have absolute right to monitor the performance of Vendor in the delivery of services provided Q
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.
G.2 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 this Contract or until all pending County, State and Federal audits
are completed, whichever is later.
H. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA)
HA Use of ARRA funds and requirements
This Contract may be funded in whole or in part with funds provided by the American Recovery and
Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA
prohibits the use of recovery funds for a project for the construction, alteration, maintenance or
repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron,
steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in
the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant
Revised 03/22/2012 Packet Pg.364
manufactured goods are not produced in the United States in sufficient and reasonable quantitie
and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in th
United States will increase the cost of the overall project by more than 25 percent; or (iii) Applyin
the domestic preference would be inconsistent with the public interest. This is referred to as th,
"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 Vendors am
subcontractors on projects funded directly by or assisted in whole or in part by and through th(
Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailinc
on projects of a character similar in the locality as determined by the Secretary of Labor ii
accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate
requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rat(
requirements. Vendor must contact the County contact if it has any questions regarding th(
applicability or implementation of the ARRA Buy American and wage rate requirements. Vendo Z
will also be required to provide detailed information regarding compliance with the Buy Americar u-
requirements, expenditure of funds and wages paid to employees so that the County may fulfill am IS
reporting requirements it has under ARRA. The information may be required as frequently a: m
monthly or quarterly. Vendor agrees to fully cooperate in providing information or documents a(
requested by the County pursuant to this provision. Failure to do so will be deemed a default an(
may result in the withholding of payments and termination of this Contract. °.
Vendor may also be required to register in the Central Vendor Registration (CCR) database a N
http://www.ccr.gov and may be required to have its subcontractors also register in the samE M
database. Vendor must contact the County with any questions regarding registration requirements. Z
0
H.2 Schedule of Expenditure of Federal Awards X
X
In addition to the requirements described in "Use of ARRA Funds and Requirements," propel w
accounting and reporting of ARRA expenditures in single audits is required. Vendor agrees tc iY
separately identify the expenditures for each grant award funded under ARRA on the Schedule of w.
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, anc d
Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federa �
award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such thal r
separate accountability and disclosure is provided for ARRA funds by Federal award number Q
consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Vendor 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.
Vendor 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. Vendor 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.
H.3 Whistleblower Protection
Vendor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA,
which prohibits all non-Federal Vendors, including the State, and all Vendors of the State, from
discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a
contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific
Revised 03/22/2012 PaCkt Pg.365 :
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 recovery funds; or (5) a violation of law, rule, o
regulation related to an agency contract (including the competition for or negotiation of a contract
awarded or issued relating to ARRA funds.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
1.1 Failure by Vendor to comply with any of the provisions, covenants, requirements or conditions o'
this Contract shall be a material breach of this Contract.
1.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other
remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Vendor thereafter a time period within which to cure the breach, which period shall bE
established at the sole discretion of County; and/or
b. Discontinue reimbursement to Vendor for and during the period in which Vendor is in breach,
which reimbursement shall not be entitled to later recovery; and/or
c. Withhold funds pending duration of the breach; and/or
d. Offset against any monies billed by Vendor but yet unpaid by County those monies disallowed
pursuant to Item "2" of this paragraph; and/or U_
e. Terminate this Contract immediately and be relieved of the payment of any consideration tc d
Vendor. In the event of such termination, the County may proceed with the work in any manner a
deemed proper by the County. The cost to the County shall be deducted from any sum due to
the Vendor under this Contract and the balance, if any, shall be paid by the Vendor upon a
demand.
N
to
NOTICES M
All written notices provided for in this Contract or which either party desires to give to the other shall be Z
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the o
United States mail, postage prepaid, and addressed to the other party as follows: w
County of San Bernardino Nuckles Oil Company w
Purchasing Department DBA Merit Oil Company
777 E. Rialto Ave. PO Box 349
San Bernardino, CA Rer-naffido' CA E
13 67l'Y'rf 1 " E
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as Bu
provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by
reference, and other documents incorporated herein, represents the final, complete and exclusive
agreement between the parties hereto. Any prior agreement, promises, negotiations or representations
relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This
Contract is executed without reliance upon any promise, warranty or representation by any party or any
representative of any party other than those expressly contained herein. Each party has carefully read this
Contract and signs the same of its own free will.
Revised 03/22/2012 Pac�-dt Pg.366
5.L.c
MERIT PRICING SHEET Unleaded Diesel
G'AT10N GAS DIESEL- FREIGHT i MARGIN. FREIGHT MARC-
BIG BEAR SHERIFF-477 Summit Blvd. MOW 358884 0.0305 0.005 0.0363 1 0:13
FONTANA SHERIFF 17780 Arrow Blvd 55293. 11011 0.0105 I 0.003 0,0105
ULEN HELEN SHERIFF EVOC-18958 W Institution Rd. 27070 2751 0.0400 1 0.005 0.04 0.0
_.__.� -- -_ w
MORONGO SHERIFF-6527 White Feather Rd:Joshua Tree 122981 36912; 0.03005 0.005 0:0363 O
TWIN PEAKS SHERIFF-26010 HWY 189 Twin Peaks 92649 33505 0:0305. 0.009• 0.0345 0,0
APPLE VALLEY ROAD YARD-1923 Joshua Rd, _ 52534 27677 0,0305 0.005 0.0363 0.0
BALDY MESA ROAD YARD-12397 Sycamore Street V.V, 81826 45410 -0.0306- 0.0363 0.0
BARSTOW SERVICE CENTER-29802 HWY 58 Barstow 0 51252 _ 0.2965 0.0
.__
CHINO ROAD YARD-7000 Merrill Ave.Chino 13876 ----5&8-6 0.0155 0,005 0.0179 1 w' 0.0
CRESTLINE ROAD YARD-23188 Crest Forest Dr. 25182 23824 0.0191 0.005 .6.0211 0.0
RUNNING SPRINGS ROAD YARD-1920;Wilderness Rd. 0 3940 �� _ 01753_ _ 0.0
SAN BERNARDINO MAIN YARD-210 Lena Rd. 846489 181896 _ 0 0075
0.005, _ 0.01 _0.00
BIG BEAR ROAD YARD-N/O HWY 38&Stanfield Cutoff 0 9723 1 60635 0,0
NEEDLES SERVICE CENTER 5 Avport RdOM- -�� 64466 27365 0.0905 I 0.005 0.0933 010
WEST VALLEY SERVICE CENTER-12672 4th St R.C. 150488 80811, 0 0075 i 6.00F 0.01 j 0.00
CALICO GHOST TOWN 1 15 1Ghost Town Rd.Yermo 1675 0 _ 0.645 0.005 - _
GLEN HELEN REGIONAL PARK 2555 Glen Helen Pkwy 3545_ 1136 0.1.115 0.005 0.1115 0.0.
PRADO REGIONAL PARK 16700 S Euclid Ave.Chino 2976 456 0,0445 0.005 0.0445 0.01
YUCAIPA REGIONAL PARK-33900 Oak Glen Road Yucaipa 2644 692 0.1115 0.005 0.1115 0.0
TRONA ROAD YARD-80371 Trona Road,Trona 0 5810 0.415 O:Oi =
#2 1511 DEVORE E - � ���- d
ROAD,OEVORE 1954 5474 0.0850 f 0.005 0:095 0.01
#4 27089 HELENDALE RD.,HELENDALE 672 5512 0;345 0.005 0:345 0.01 LL
#91300 CRAFTON AVE.,MENTONE - 620 3322 - 0.0950 0.005 0.095 O.OI C
#10 9625 BEEKLEY,PHELAN 378 10992 0: 45 0.005 0.245 OAl d
#14 5980 ELM ST.,WRIGHTWOOD_ 0 7156 _ 0.245 0.0( 0
#17150260 CAPISTRANO TRAIL,EARP 160 636 0.495 0.005 0.495 0:01
#18 148808 HAVASU LAKE RD.,HAVASU LAKE 3557 2250 0:545_ 0.005 0.545 0.01 `
#19 55481 JESSIE RD.,LANDERS --RA- � 1312 5 0.295 0.005 0.295 0.0(
#23 3
22582 CITY CENTER DR.,GRAND T ERCE 245 2268 0.0950 0,005 0.095 0.0( .'
#36 6733 PARK BLVD.,JOSHUA TREEm _ 550 4012' 0.2450 0.005 0.245 _0,0( N
201
57 TWENTYNINE PALMS HWY.,YUCCA VALLEY __ -_ 0 10732 - 0.245 0.005 0.245 00(
1612 ABERDEEN,YUCCA VALLEY 2019 8182 0.1445 i" - 0.005 0.145 _ 0.0( M
0526 AMBOY RD.,29 PALMS 0 5479' 0:145 0,005. 0:205 1 0.0(
39059 KATHY LANE,NEWBERRY SPRINGS 0 544 p 2g5 rtmf0 p{ Z
#53 73734 BAKER BLVD.,BAKER 0 6807 i _ 0.295 0,0( V
#56 37284 FLOWER,HINKLEY 0 1880 _ _0.215 0.0( x
#57 83732 TRONA RD.,TRONA 6013 1534 0.315 0.005 0.315 j 0:0( W
#71 16980 ARROW BLVD.,FONTANAmm 2130 6786 0.065 0:005 0.065 0.0( F
#72 15380 SAN BERNARDINO AVE.,FONTANA 2150 8554 0.0450 0.005 0.045E 0.0(
#75 2156 DARBY,MUSCOY 2852 N Macy)_ 0 2811 6065 0.0C W
#77 17459 SLOVER,BLOOMINGTON _ 922 w13822 0.0450 0.005 0.045 ( _ 0.0 C
#78 7110 CITRUS,FONTANA 2641 9100 0.0650 0.005 _ 0.065 _ OOC
__..,.
#79 5075 DUNCAN CANYON RD.,FONTANA 0 2738 � i+
0.095 0.0C d
#91 301 SO.STATE HWY 173,LAKE ARROWHEAD 0 8630 0.195 { O.00 E
#92 961 NO.STATE HWY 173;LAKE ARROWHEAD 5003 2888 0.1250 6005 0.125 O.00 v
#95 335 GREEN VALLEY LAKE,GREEN_VALLEY _ 0 -� 60 _ 0.245 O.00 M
#98 576_6 FRONTAGE RD. 622 114 0.1950 0.005 _ OA 95 O.00 Q
#99 40847 VALLEY OF THE FALLS,FOREST FALLS 0 1061 - 0.195 -OAO
#305 8331 CALIENTE RD.,HESPERIA 12039 17592 0.115 0.005 0.115 0.00
#311 16200 DESERT KNOLL DR.,VICTORVILLE 10455 12924 0,115 0.005 0.115 0.00
#312 15182 EL EVADO,VICTORVILLE 0 5750 0.115 1 0.005 0.175 0.00
#313 13086 AMETHYST RD_VICTORVILLE 0 9252 0.175
_#314 17008 SILICA STREET,VICTORVILLE 0 19993 _ 017 5 0.00
#319 18550 READINESS STREET,VICTORVILLE 0 3961 1 0.085 - 0.00
#322 10370 RANCHO RD.,ADELANTO 1080 8434 0.085 0.005 0,085 0.00
#740 21755 DOYLE RD.,CEDAR PINES 0 1241 0.105 0.00
#74117740 ALDER STREET,HESPERIA 14084 17965 0.175 0.005 0.115 0.00
#742 29419 TOR_REY RD.,LAKE ARROWHEAD 0 558 __ 0.245 0.00
#742 820 LANDERS LANE GOAT MOUNTAIN,LANDERS 1575 3110 0.245 0.005- 0.245 0.00
PROJECTED TANK UPSIZING-OPTIONAL YEAR 2
GLEN HELEN SHERIFF-EVOC-18958 W.Institution Rd, 27070 2751 0.0150 1 a0,0053 0.0150 0.005
BARSTOW ROAD YARD YR 2-3 EST. 35000 _ 51252 0.0750 _0.0750 0.005
#57 83732 TRONA RD.,TRONA YRS 2-3 EST 6013 1534 0.0845 0.08451 0.005#305 8331 CALIENTE RD.,HESPERIA YRS 2-3 EST 12039 17592 0.0305 0.0363 0.0051
Revised 03/22/2012 Packet Pg. 367
WITNESS WHEREOF, the County of San Bernardino and the Vendor have each caused this Contract to be
subscribed by its respective duly authorized officers,on its behalf.
LL
w
0
COUNTY OF SAN BERNARDINO Nuckles Oil Company DBA Merit Oil Company n
(Print or type name of corporation,company, Vendor, c.)
By / .� a
►-curie Rozko, Director of P `chasing (Authorized signature-sign in blue ink) w
M
ad: `� 1 Name Ron Nuckles Z
(Print or type name of person signing contract) 0
U
Title -9wY"CBIcLGt.Sr X
+�e�
w
(Print or T e)
Dated / � w
Address 1020 W. Bloominqton Ave. m
E
t
Bloomington CA 92316 a
Revised 03/22/2012 Packet,Pg .368
- II
IieY
I � �
5
33a93i3 331} 3A3 Ig 3i 33333333p 666f dd6i} 93132 i333d3dd933i }3
31.3 _s
_'I g965§69 q5 6Z99 6's 56 a66€96 E a 6 6 596€ 96af55 5 6566669§ 6 Pp t.
r i
e3€la€ z 3zx 3a 2 z z ei €3 a az a 23333zai3 ieza 3 €$ —
r it
_6eS v°ea8 as M M$a Sg a =a 53£ 669.69sga SSf 7t 6 S f55 S S S gSgf i ',.
i !?66e3af,i3 1 aja} e333aPi77e r2gg6g3166632sf6}}3@1913}
1
i
948g€"'ata§tae§a tf 79 t€5et "f�ggtgggtgeEg9�3t8 tftgg�t6g6g, eg � g�f d I_, .-.
f I d
I, g
I Mga€}f3}agga a ag g6 gab€��gg..�66a6kk�gfg§69a'}�gg�gasg9g}gg }� 3 ���� �� a
zg .4a set z39 z 32'3g aaa :2z€,§€z3 z6'a3 aM € aaa z€zszgx €6 € €
i.
IM 9l
' d3d3313i36i936Aa
09 36 9 33i3a} a3333363f 1166113 321 g23}}6ipa 3i 2'63 O.
r
e
5548 S�e� 6ag91 5a 4 a36 s 6 asag 3ggsa€ae
S
i I s ,Qjil € �ki4S as :.
589 6 9f a +�
d m
E
ka
11H a6aa MS "1ak } sa M e a a 9 ..�
N
94a..: .. y ..�'. "l.�.l."ff.a�_..9;g�g�g$ggg
.� _ 3z,�-r!! Paz.x 6M zt a3e :;zd i az zxzlain3. a93zar. ..s x�tf
E3 P as a2 2 8a § 3 9.�259k96 € `3��g929,�9f�3395� f 3t" .666
aef ai9g as 3 a 17 t�3 919 at€��ggl7sgggs 39 .. a. �13f 9�g ;!g6
3
Sig M H g aae xf a}aMake3e{z€a�eai�gsge��rege�a gfkeMf ff! Ys 6fs 4a
3fgf„�$33aiRa2agr ig a6�aaa6}3t llii6EPa?1g li�lfiR2i16ggf,6�g6gg � �866t
i-I
!�°� t � 69 6 a y gag isa6 a 8 563e x629 M
i � `�� o�a}f. 1 1 ytx �ggg'z y azazy 3f3 9z z zze31
7 r a3aez 9 3 --
;t�itt6g;f
43gll4mlli4m gj o gggs,•g. ga€aa,gggo7s496 g,g,g�s s 6 g o� aggg
k 9agr6ul�gg gg !! @lak6f92a9kkla Eke aaaMa aagkgkkN46 6p 6k6
€ ! ........
• 2 eazz}22}aza zq a.3e zx� € €... € €.._ ..3.,3e�x 6 z s.
99 �
gggqyqyq i
IF 3 i 6 3 _ zs 8 lijv
9 99 E
767 f � ,'gif`aq.3 �f of 3 €a 9 3 €-sb” "i"
�3f Hit fill fff '}
set
- �a is eM a IMM e a i�geeea4E 3I f kaf ff 9 a s1 e M 1 Mtge!
��ig66g36i 1666 63g g 6 66664..}4gp}3 31 ,a61 1 Ml!
31
a7�f {�Ets€ags35 '7 a6 t 6i g9 tg z i �f� s 556 7 f � e q x3113 � �B£!
E k6. � 9f 3 5 x€ 86 9 �fd i3 3 ))3 '6 45�FF x43€ 6EFd f3@i((((gd! ig-ad
33p, 7$g6f6gs66€ 6'.5 fa3dF5s�7f 6a 4g4£6d€i3�¢(3f63; dff6 9$46 6°F 44 � �il;i4� 77 7.�
g F4 s 59 @ & 5 33 If6 3 ff5.
Him
6 f _ #66 3'.92 8af 9l-6
9F9ag2 6 6e 9P6eE2 a z6 6 16fg z s 9 3 {6 �d pp
35.,.f36 c2S3ea H Sf f� 169 8'3p 7 z 9°$ PaCkBf:Pg.369
PURCHASING DEPARTMENT COUNTY OF SAN BERNARDINO
bat &M
r
,t Rialto Avenue • San Bernardino,CA 92415-0760 • (909)387-2000 `�` LAURIE ROZKo
Fax (909)387-2666 Director
5/30/2014
Merit Oil Co.
Perry Bitney
Marketing Representative
P.O. Box 341
Bloomington, CA 92316-0341
a
U.
SUBJECT: REQUEST FOR PROPOSAL (RFP) y
AGENCY14- PURC-0889
GASOLINE & DIESEL FUEL L
o.
00
Dear Mr. Bitney: M
Recently, your company submitted a proposal in response to the above-referenced
RFP. The Purchasing Department conducted a thorough review of all submitted
proposals and has recommended that your company be "tentatively' approved for
further consideration.
i=
To continue with the process, we will begin drafting an agreement to meet the contract r
terms and requirements as stipulated by San Bernardino County.
If your company is interested in pursuing an agreement with the County of San
Bernardino, please contact me at (909) 387-2061. We look forward to working with you
and your company to provide fuel.
Sincerely,
f�Vw
Emily Campbell
Buyer I
Packet P.g 370
777 EastRtA At enue;San'8;emaWino;Cafi(oMia 924#5-0760 ( Rhone 909 3872060 Fax;:9093387.2666
' ,tt5't4'.SCi�'Ofrt)tyg�t
4 f
SAN[�Blt ARDIN Purchasing Laurie Rozko
`,_.+► N .A_ `"�,7 j Director
a
June-3,265
Merit Oil-C.O.
Perry Bitney, Marketing Represdntative
P,,0:. Box 341
Bloornington. CA 92316-0341 L
o
m
..008.JBCT TerMs&dor;idi0a.n.Agreetsertt AGE14C I4,-PURCC;-0889 s
'06sctllrie&Motel Fuel, P.0 4'41'1352 L
IL
The County`of San Ber ordino Purchasing Dapadreni ent is eXercising the.opRn 4-6 extend .the N 1
above agreement through,;i�tne '15;X01 C, W
The County reserves the:right to terminate the.Agraement::irrimedlatsly as stated in Agreement
' , Corcn:rf'Perf9.tmanto..Re€ciencies'J.. o{Page to
N
'1 tii `County and Vendor each reserve the right 10 fetttnate fhe Agreement for any reasan�vttlift
a thi►ty (30) day:Wr ten notice of rmination. Sqq #t} iination may irttclticle all"Q! part.of the c
as
w X
w
The Dksector of Purchasing for:the County shall have the rigft to.-e rlerdise the-County+'$authority.
under°this Agreement includltng the right to give notice of termination on behalf of the County-at g
their sole discretion. ca
c
All other provisions and terms of ths.Agreement shall remain the same. �
0
tJ
Please indicate below in writing your acceptance to extend the Agreement grid returh to to
Vicki Sundstrom hy email at vicki:stundstr+omAi ur.sbcounty:day.or FAX to 90"0.7-209.0._ N
ti• �
8iity. E
a
Laurie RpzkQ; r
Purchasing''epa eht
ws
t
5igrte#u
Date
i
t
I
Packet Pg. 371