RFP No. 24-22
15 Montebello Bus Lines
City of Montebello Transportation Department
Attention: Robert Fierro
Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 1115
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical ap proach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that the proposer can meet the insurance requirements in the RFP sho uld be attached to proposal.
• Proposer has demonstrated evidence of good standing. If the proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such e vidence for all partners or members. The evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the proposer is operating under a fictitious name or trade name, provide evidence that the proposer has filed for and/or registered the fictitious name with the county where the proposer’s business is located.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.
The committee will then present the cost and p rice proposals and evaluate and score them accordingly.
During the qualitative evaluation, the committee, at its sole discretion, may contact any or all the proposers with specific questions or requests for clarification. After both the qualitative and cos t/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide
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that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
The committee may ask the proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will b e rescored along with revised proposals in the same manner as the original proposals.
EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:
Qualitative Considerations
The proposer’s Qualitative Proposal will be evaluated based on the following factors, each having the weighted value set forth below (100 potential points in total):
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the proposer’s knowledge of the standards outlined in the Scope of Work.
20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of bulk fueling services.
10 points
3 Qualifications and Experience
Demonstrate experience completing bulk fueling services of the same or similar magnitude. Presentation of a catalog of bulk fueling services experience and expertise most advantageous to the City.
15 points
4 Technical Approach
Vendor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
Understanding of the RFP requirements and illustrating the ability to meet performance objective s, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
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SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Vendor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Vendor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Vendor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $150 per violation.
BOND REQUIREMENTS
Bid Guarantee
The Vendors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of s uch guaranty shall be equal to 5% of the bid price.
In submitting this bid, it is understood and agreed by the Vendor that the City reserves the right to reject all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s dam ages occasioned by s uch withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting Vendor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Vendor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.
The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
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Performance Guarantee
A Performance Guarantee in the amount of 25% of the Agreement value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Vendor and shall remain in full force for the term of the Agreement.
The successful Vendor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the cont ract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Vendor to increase the amount of the existing bond or to obtain an additional bond.
If the Vendor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Vendor. The Vendor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:
1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.
4. The City is identified as the Beneficiary.
5. It is in an amount equal to 25% of the Agreement value value. This amount must be in U.S. dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the Contract.
7. The expiration date of the Letter of Credit coincides with the term of this Agreement.
8. It indicates that it is being issued to support the obligation of the Vendor to perform under the Contract. It must specifically reference the Contract between the City and the Vendor the work stipulated herein.
The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attac hed forms contained in Exhibit J . Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Vendor is in default under the Contract.
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SECTION 4 – SCOPE OF WORK
PROJECT OVERVIEW
The City of Montebello, Montebello Bus Lines (MBL), is requesting services from highly qualified vendors for delivery of Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods to four (4) locations within the City of Montebello (City). The City utilizes bulk fuel, oil and lubricants to service buses, equipment and city vehicles at these locations. Deliveries shall be made to one or all four City of Montebello sites as listed below. Delivery quantities will include full-loads, Bobtail truck loads, drums, gallons, pails, cases, etc.
PROJECT DESCRIPTION
The Request for Proposal, No. 24-22, seeks a vendor to complete on-site deliveries of Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods (Bulk Fuels) in a timely and professional manner to the City’s multiple bulk fuel locations. The project services will include supplying products as specified in Exhibit D – Price Form, purchase and delivery of Bulk Fuels to the four (4) locations identified in Table A and performing an assessment of the City’s current fuel requirements. In addition, the Vendor will furnish all materials, labor services and special skills required to provide this service as described in these specifications.
TABLE A – City of Montebello Delivery Sites
Site Address
Tank
Quantities Tank Sizes
City of Montebello
Transportation
Department
(Operations &
Maintenance)
400 S. Taylor Ave
Montebello, CA 90640
4 12000-GAL underground Unleaded
Fuel Tank
1 12000-GAL underground Diesel Fuel
Tank
Fire Station #2
1166 S. Greenwood Ave
Montebello, 90640
1 1000-GAL Above ground Unleaded
Fuel Tank
1 1000-GAL Above ground Diesel Fuel
Tank
City Hall
1600 W Beverly Blvd.
Montebello, CA
90640
1 1000-GAL Emergency Generator
Montebello Police
Department
1600 W Beverly Blvd 1 300-GAL Emergency Generator
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Subject to prior MBL approval, the Vendor will provide deliverable such as, but not limited to:
A. DELIVERIES, LOCATIONS AND WORKING HOURS
• Vendor shall deliver to the locations identified in Table A during operating hours or as directed by City personnel. Operating hours for these sites being 7:00 AM to 3:30 PM, Monday-Friday. • The deliveries of bulk fuel shall be made on a “keep full” basis with a delivery schedule of one (1) delivery every two (2) weeks.
• The Vendor shall have flexibility in delivery of product in the event of an emergency supply need or for a specified project identified by individual City sites. • Bulk deliveries are to be delivered in full -truck loads and Bobtail truck loads. Full-truck loads deliveries are to be received at the Transportation Department location only. • The Vendor shall assume full responsibility for providing tankers or transportation containers suitable for delivery of the Bulk Fuels to the appropriate City storage tank(s). • All Vendor delivery vehicles shall be escorted by a City employee or his/her designee on and off all City of Montebello delivery sites.
• All drivers/operators shall be required to call in their estimated arrival time at minimum forty- five (45), minutes prior to arrival.
• All delivery vehicles are subject to inspection from a City employee upon arrival and/or departure to ensure compliance with City guidelines is met. • The Vendor shall be responsible for unloading all fluids in the appropriate City bulk storage tanks or drums and providing trained personnel capable of performing the unloading of lubricants without assistance from City personnel.
• All tanker trucks making deliveries to the City shall be properly certified by the State of California including but not limited to Vehicle Maintenance Certificates, and in accordance with Federal Department of Transportation (FTA) regulations, policies, a nd procedures. If requested, the Vendor shall provide copies of the requested certificates within three (3) business days after notification is received from a designated City representative. • All drivers making deliveries of Bulk Fuels to the City shall have Hazardous Materials Endorsements on their Commercials Driver’s License, and such other Endorsement as may be required by relevant laws and/or regulations.
• The Vendor shall notify the City if, at any time, it appears that the delivery schedule set forth may not be met. Such notification shall include the reasons for any possible delays, and steps being taken by the Vendor to remedy any such complication(s). Nothing herein shall be interpreted as waiving remedies otherwise available to the City. • A City employee or his/her escort designee is authorized to stop any perceived unsafe work and/or may ask delivery driver/operator to exit the premises if there is a failure to adhere to safe practices, procedures and policies.
• The Vendor shall notify the City prior to delivery of any reformulation of products supplied. • The City shall, at all times, provide reasonable access to the facility, and shall permit the unloading of the Vendor
• Vendor’s truck at the delivery locations without undue delay. • The Vendor shall dispose of all empty barrels resulting from the onsite fueling process.
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B. SPILLAGE
• All discharge connections and hose ends shall be plugged, capped, blind-flanged, or contained to prevent any spillage of Bulk Fuels.
• The City shall be notified immediately of any spillage. The Vendor and driver/operator shall be responsible for cleanup of all spillages, contaminated matter, and the removal of all contaminated cleanup material.
• Any spillage resulting from the delivery must be cleaned withing 24 -hours by the Vendor, at the Vendor's expense. If the spillage is not cleaned within 24-hours, the Vendor will be billed by the City or an outside Vendor for the expenditure resulting from cleaning the spillage.
C. PRODUCT
• Costs of services shall include monitoring, ordering (including freight and delivery charges), and managing delivery of product levels for the goods identified in Table B or a proven equal. • The City may reject any or all Bulk Fuels that fail to comply with minimum specifications. The Vendor must, at the Vendor's sole expense, remove the rejected fluids within two (2) business days of notification by the City and process credit for returned items within ten (10) business days.
• The Vendor’s proposed prices shall include all applicable federal, state, and local taxes. • The Vendor shall comply with all laws, rules, regulations, industry standards, and ordinances of the State of California, Los Angeles County, City of Montebello and all FTA procurement regulations.
• Vendor shall be prepared to procure and deliver all products such as but not limited to those described in Table B and shall not change the source of supply (manufacturer) without a thirty (30)-day written notification to be submitted with final approval rendered by the City.
TABLE B – Bulk Product List
PRODUCT DESCRIPTION
ROTELLA ELC 50/50 Pre-diluted premium extended life coolant / antifreeze Ethylene Glycol based coolant for heavy duty diesel, gasoline and natural gas powered engines. OEM specifications and approvals.
ROTELLA T3 FLEET 15W40 Fuel for fleet and off highway equipment, a single oil suitable for a wide range of OEMs. API CK-4, CJ-4, CI-4 Plus, CI-4, CH-4 SN Alison TES-439 Caterpillar ECF-3, ECF-2,
Cummins CES 20086, 81, Detroit Fluids Specifications (DFS) 93K222, 93K218
ROTELLA T3 NG 15W40 Multi-grade dedicated CNG engine oil for compressed natural CNG fueled engines. T3 NG features low ash additives.
SHELLZONE MV 50/50 Antifreeze and coolant protects automotive and light truck engines from cooling and overheating.
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SPIRAX S6 AXRME 75W90 Fuel efficient axle fluid specifically designed for heavy duty axles requiring API GL-5 extreme pressure mineral or
synthetic gear oil. Synthetic base oil
SPIRAX HD 85W140 Multi-grade extreme pressure multipurpose gear oil. Meeting requirements of API GL-5 and MIL PRF 2105E available in two viscosity grades: 80w90 and 85w140
SPIRAX S6 ATF A295 Fully synthetic heavy duty automatic transmission fluid specifically designed for approved for use in transmissions requiring Allison TES-295 fluids.
GADUS S3 V22OC 2 Premium multipurpose extreme pressure grease PZL PLAT SYN 5W30 Full synthetic motor made from natural gas KP PERF PLUS SB 10W30 Engine oil
KP PERF PLUS HYD 46 Hydraulic oil
UNLEADED UN1203 Gasoline, 3 , PG II
DIESEL NA1993, Diesel Fuel Combustible Liquid PGIII, No visible evidence of DYE CA DSL FUEL, MAX 15 PPM Sulfur ULS Carb Diesel Fuel
Diesel Red DYE
Note – All the oils listed are either “synthetic” or an HDMO aka heavy-duty motor oil which is a mineral oil not “RE-refined.”
D. MONITORING
• The Vendor shall maintain a record of deliveries to include but not limited to date, fluid types, quantities user, and name of the delivery contact person. • The Vendor shall submit as part of their monthly invoice, a copy of the itemized record of deliveries to City personnel.
• In the event the Vendor is unable to supply product within the timeframe agreed upon herein, the City reserves the right to procure product to me et demand in the open market. If price per gallon in the open market Is more than the contract price, the City reserves the right to invoice the Vendor for the difference in price.
• The City reserves the right to require a change in company representatives if the assigned representative(s) is not, in the opinion of the City, adequately meeting the needs of the City.
E. SAFETY AND HAZARD MITIGATION
• The Vendor shall perform all work in a clean, safe and professional manner, causing no hazards to City staff, facilities, the environment, or Vendor’s proposed personnel. • All hazardous waste must be handled, collected, stored and disposed of in accordance with federal, state and local environmental compliance regulations. • Vendor shall classify the City as a primary receiver of goods to meet emergency disaster needs. For Emergency needs, the Vendor shall deliver product within 24-hours or sooner, as requested by City personnel.
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SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Vendor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Vendor will state and id entify its involvement with other clients for both past and present projects. The Vendor will state the client’s name, and references for similar projects, particularly those conducted for public transit and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity.
The Vendor’s involvement and responsibility should be defined for each project. • Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non -compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
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SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 202 4, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “VENDOR”). CITY and VENDOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional VENDOR to supply and deliver t o the CITY bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods; and
WHEREAS, VENDOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, VENDOR responded to CITY’s Request for Proposals dated February 29, 2024 (RFP No. [24-22]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-22, attached hereto as Exhibit “A.”
c. VENDOR’S Proposal to RFP No. 24-22 dated ……………., 2024, attached hereto as Exhibit “B”. d. VENDOR’S “Best and Final Offer” to RFP No. 24 -22 dated ……………., 202 4, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
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SECTION 2. SERVICES / COMPENSATION.
A. VENDOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. VENDOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. VENDOR shall be compensated a sum not -to-exceed $…………………………………… … ( the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). VENDOR shall provide an itemized billing statement to CITY each month for Professional Services performed. VENDOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by VENDOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defectiv e, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2024 and shall be valid for an initial term of three (3) years with the option to extend for an additional two (2), one-year (1-year) periods.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.
C. VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
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D. VENDOR shall have the right to retain, subject to CITY's written approval, additional individuals, Vendors, or sub -contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Vendors, or sub -contractors shall be the sole and exclusive responsibility of the VENDOR.
E. VENDOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, VENDOR shall make all records, invoices, timecards, cost control sheets and other records maintained by VENDOR in connection with this Agreement available during VENDOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by VENDOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by VENDOR. Any alteration or reuse by the CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates VENDOR for such reuse.
SECTION 5. WORK PRODUCT.
A. VENDOR hereby agrees that all work produced pursuant to this Agreement and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. VENDOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by VENDOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. VENDOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in VENDOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold VENDOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall the VENDOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by VENDOR and shall be CITY’s agent with respect to obtaining VENDOR’s compliance hereunder. No
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payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by VENDOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of VENDOR. VENDOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, VENDOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to VENDOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to VENDOR the part of Compensation which would otherwise be payable to VENDOR for services VENDOR had completed as of the date of termination, less the amount of all p revious payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that VENDOR shall be reimbursed for any “non-refundable” costs that VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by VENDOR prior to the date of termination; (2) that VENDOR provides CITY with adequate proof that VENDOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by VENDOR for its performance of services under this Agreement. VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by VENDOR during the Term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to VENDOR in the event of any default or breach by CITY, or for any amount which may become due to VENDOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. VENDOR is and shall, at all times, remain as to CITY a wholly independent vendor. Neither
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CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of VENDOR except as expressly set forth in this Agreement. VENDOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to VENDOR for performance hereunder for CITY. CITY shall not be liable for compensation to VENDOR, VENDOR’s employees or VENDOR’s sub -contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to VENDOR. CITY shall have no responsibility to provide VENDOR, its employees or sub-contractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that VENDOR or any employee, agent, or sub -contractor of VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, VENDOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of VENDOR or its employees, agents, or sub-contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, VENDOR and any of its employees, agents, and sub -contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of VENDOR to comply with this section.
SECTION 14. INDEMNIFICATION.
VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, exp enses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers,
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officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of VENDOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, VENDOR shall carry, maintain, and keep in full force and effect all following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. VENDOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and vol unteers for losses arising from work performed by VENDOR for CITY and to require each of its sub -contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, VENDOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the VENDOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, VENDOR shall obtain and maintai n said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, VENDOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be
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entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
VENDOR shall require each of its sub -contractors, if any, to maintain insurance coverage that meets all requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days for non-payment) prior written notice. VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at VENDOR’S expense, the premium thereon.
At all times during the Term of this Agreement, VENDOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. VENDOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
VENDOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All policies r equired under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self -insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit VENDOR and VENDOR’s employees, agents or sub -contractors, from waiving the right of subrogation prior to a loss.
VENDOR hereby waives all rights of subrogation against CITY. VENDOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. VENDOR’s insurance shall apply separately to each insured against
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whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, VENDOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by VENDOR shall not be construed as a limitation of VENDOR's liability or as fall performance of VENDOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by the failure of VENDOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
VENDOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub -contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of VENDOR and shall not bind or purport to bind CITY and shall not release VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to VENDOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
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Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof , delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreemen t referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
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SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
VENDOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, VENDOR shall not discriminate against any employee, sub- contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
VENDOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
VENDOR and its officers, employees, associates and sub-contractors, if any, shall comply with all California conflict of interest statutes applicable to Vendor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090.
VENDOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY because of the performance of this Agreement, or the services that may be procured by CITY because of the recommendations made by VENDOR. VENDOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and VENDOR. Any prior
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agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant o f this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO VENDOR
_______________________ _____________________
Raul Alvarez Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 24-22
BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to proposers, the proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The proposer agrees that the proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Vendor shall only proceed with the work upon receipt of a Notice to Proceed.
The proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
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The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
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(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Vendor’s License No.
Expiration Date:
License Classification:
RFP No. 24-22
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No.24-22, BULK (UNLEADED AND DIESEL) FUELS AND
OILS, LUBRICANTS, AND GREASE GOODS
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all da mages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated there with (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the above -referenced: RFP No. 2 4-22 Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity pr ovision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Ind emnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful mi sconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
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EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
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EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $2,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Vendor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding subsection. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the ins urer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage s and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
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Boulevard, Montebello, California, 90640. Vendor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Vendor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, no t less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 24-22
EXHIBIT D
RFP No. 24-22
BULK (UNLEADED AND DIESEL) FUELS AND OILS, LUBRICANTS, AND GREASE GOODS
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “ Vendor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein. Please provide a description of a products proven equal as well as additional costs/fees below.
Item # Description Proven Equal Unit of
Measure
Cost Per Unit of
Measure
1 ROTELLA ELC 50/50 1 Gallon $
2 ROTELLA T3 FLEET 15W40 1 Gallon $
3 ROTELLA T3 NG 15W40 1 Gallon $
4 SHELLZONE MV 50/50 1 Gallon $
5 SPIRAX S6 AXRME 75W90 1 Gallon $
6 SPIRAX HD 85W140 1 Gallon $
7 SPIRAX S6 ATF A295 1 Gallon $
8 GADUS S3 V220C 2 1 Gallon $
9 PZL PLAT SYN 5W30 1 Gallon $
10 KP PERF PLUS SB 10W30 1 Gallon $
11 KP PERF PLUS HYD 46 1 Gallon $
12 UNLEADED UN1203 GASOLINE 1 Gallon $
13 DIESEL NA1993 1 Gallon $
14 DIESEL Red Dye 1 Gallon $
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ List other costs/fees: Description
RFP No. 24-22
Montebello Bus Lines
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
RFP No. 24-22
Montebello Bus Lines
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
RFP No. 24-22
Montebello Bus Lines
EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
RFP No. 24-22
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
RFP No. 24-22
Montebello Bus Lines
EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
RFP No. 24-22
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Vendor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Vendor’s Name:
Authorized Signature:
Title:
Date:
RFP No. 24-22
Montebello Bus Lines
EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Vendor) as Principal, hereinafter called Vendor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Vendor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Vendor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Vendor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragr aph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amo unt payable by the City to Vendor under the Contract and any amendments thereto, less the amount properly paid by the City to Vendor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
RFP No. 24-22
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
RFP No. 24-22
Montebello Bus Lines
EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
RFP No. 24-22
Montebello Bus Lines
EXHIBIT K
Bank Draft
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]
RFP No. 24-22
DATE: September 24, 2024
ATTENTION: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
SUBJECT: THE JANKOVICH COMPANY Operations, Team and Projects Overview TITLE: RFP No. 24-22 BULK FUELS AND OILS, LUBRICANTS, AND GREASE GOODS Thank you for contacting The Jankovich Company. We are pleased to provide the attached additional information as per your request. We are proud to present background information on our team and our Company, general information about our operations, and project overviews of supply references.
Sent electronically via email
Please also find a copy of the bound book "Jankovich" which was shipped under separate cover by carrier (FedEx).
Name:
Title:
Address:
Telephone:
E-mail:
Robert Fierro
Management Analyst
400 S. Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext.1115
[email protected]
Very truly yours,
�-1<.�.£-
Brian Brubaker, Sales Engineer
The Jankovich Company
(562) 282-8256
[email protected]
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ATTACHMENT B
The Jankovich Company
Delivering solutions.
By land. By sea.
Your partner in service and performance since 1933.
OUR COMPANY
Established in 1933, the Jankovich Company is a full-service, Land and Marine lubricants, fuels, and specialty products distributor.
We combine world-class resources while maintaining adaptability, flexibility, and best-in-class services.
We provide products of the highest quality from the world’s leading brands in Land, Marine, Lubricants, Fuel, Equipment, and Supply. At Jankovich, we offer unrivaled experience and proven expertise in the Automotive, Industrial, Commercial, Marine, and Aviation industries.
The Jankovich Company serves land and marine customers from the Pacific Ocean to the Nevada desert and from the Mexican border to the San Francisco Bay. With strategically located facilities throughout Southern California, Jankovich’s culture was built on the pillars of safety, sustainability, integrity, and service.
Jankovich offers bunkering, marine lubricant deliveries via truck or barge, and dock-side fueling of commercial vessels, mega yachts, and pleasure craft. On land, the company offers a full spectrum of fuel and lubricant solutions that anticipate customer needs, prevent emergencies, and eliminate stress on customers’ organizations. Jankovich also provides a comprehensive line of products, equipment, and related supplies to auto dealerships, car washes, marinas, truck fleets, and more.
Safety. Sustainability. Integrity. Service. The Jankovich Way, built on the pillars of safety, sustainability, integrity, and service. Guided by these unwavering principles, we have established customer-based solutions and have earned long-standing partnerships with many of the world’s most esteemed brands.
At Jankovich, our values have always come first.
Superior services set us apart. We combine best-in-class technology and capabilities, with flexibility and a customer-focused approach. This is the Jankovich Difference. And it’s how we provide value to your operation that our competitors simply can’t match. Whether keeping customers current with industry trends, best practices, and technology or rapidly responding with the highest quality products, we grow our business by improving yours.
Capabilities
Expansive Land and Marine fleet enable us to cover more territory faster. Lean designed facilities make accessing and delivering products fast and easy.
Technology
Fully automated back-end processes and infrastructure enable us to execute jobs on-time and on- budget.
Process
Streamlined approach and 24/7 availability allow us to address your needs quickly and efficiently.
People
As trained expert consultants in your field, our people understand your industry’s demands, and can identify opportunities to improve your operation’s productivity and profitability..
Stability
We’re never satisfied, and are making long-term investments in our operations so we can constantly improve our service and remain a stable, reliable partner for you.
Wide coverage. Deep commitment.
Our purpose is to provide superior service to customers. And our wide and growing geographic coverage area is proof of that.
Warehouses and tank farms in Los Angeles and San Diego
Conveniently located, full-service marine facilities in San Diego and Los Angeles
We serve Land and Marine customers from San Diego harbor to San Francisco bay, and from the Pacific Ocean to the Nevada and Arizona deserts.
Now we’d be honored to serve you.
OUR TEAM
The Jankovich Company employees are dedicated to supporting your needs, led by our tenured management staff. Key team members, departments and contacts include:
Tom Jankovich, Chief Executive Officer
Tommy Jankovich II, Vice President of Operations
Tommy Jankovich III, Manager Business Planning and Optimization
Steve Hill, Director of Sales - MBA - 35 years in the industry, 24 years with Jankovich Co, Quaker State Corp & Mobil Corp
Brian Brubaker, Sales Engineer - Penn State University – 45 years in heavy industry
Sean O’Connor, Operations Director - 30 Years with Jankovich Company
Customer Service – Kelly Sparks, Customer Service Representative; Steven Rodriguez, Sales & Service Representative/Technician
Sales & Sales Support – Pete Lamothe, Sales Representative; Vicki Petrokovich, Account Setup & Inventory Control; Linda Babajko, Credit Specialist
Operations & Operations Support – Jorge Villa, Operations; Bryan Cebreros, Operations Assistant, Fleet Drivers and Emergency Drivers On-call
Customer Service, After Hours Support/Technical Assistance:
Customer Service: 800-650-0200
Customer Orders: [email protected]
Customer Care Support: [email protected]
OUR OPERATIONS
Paramount Lubricants and Fuel Facility:
Commercial cardlock fuel site
Over a million gallons of bulk lubricants storage
Dedicated rail spur into facility
Extensive products warehouse for storage of drums and other packaged products
San Pedro Facility:
Commercial fuel dock
Barges and fueling ships
San Diego Facility:
SD Airport fuel
Commercial marine fueling
Industries Serviced with fuel and Lubricants - Whatever your industry, find your fuel here.
We provide a full spectrum of fuel solutions, and serve customers in the following industries:
• Food Service
• Federal, State & Local Government
• Heavy & Light Manufacturing Companies
• Marinas & Inland Marine
• Golf Courses
• Construction Job Sites
• Mass Transit
• Telecommunications
• Aggregates & Mining
• Retail Fuel
• Truck Transportation
• Rail Transportation
• Proprietary Truck fleets
• Car Dealerships
• Car Rental Companies
• Utilities & Power Generation
• Waste Management
Fueling Services:
Running out of fuel. Not an option. Not a concern.
No operation runs without fuel, so we’re committed to giving you the confidence of knowing there will always be fuel in your tank. With decades of experience, we’re able to provide a full spectrum of Fuel- Management Solutions – reducing your overall costs, increasing efficiency and ensuring your operation continues to run smoothly.
With our strategic refinery relationships and buying power, we’re able to provide the highest quality fuel at a competitive price. And with our advanced monitoring system, we’re able to anticipate your needs, prevent emergencies and eliminate stress on your organization. When the unexpected occurs, we can supply your operation at a moment’s notice, 24/7, 365.
Superior service sets us apart. We combine best-in-class technology, reach and capabilities, with the flexibility and customer-focused approach of a family company. We train our people to be expert consultants in your field. And we’re constantly investing in our operations, so we can remain stable, dependable partners for the customers we serve.
We meet your fuel management needs, delivering peace of mind every time.
This is the Jankovich Difference. And it’s how we provide your operation with value our competitors simply can’t match.
Whatever your industry, running out of fuel is simply not an option. When you work with Jankovich you will have the confidence of knowing you will always have fuel. Period. With our advanced monitoring system and proven efficient operational standards, we can provide on-time and accurate deliveries 24/7, 365.
Services we’re proud to offer:
On-Site Fueling
Bobtail Fueling (Mini Bulk)
Diesel 55-gal drum
Full Truck
Fuel Polishing (Filtration)
Marine Fueling – Dockside at our San Pedro, Berth 73 Marina Marine Fueling – Commercial via our commercial dock at Berth 73 San Pedro Marine Fueling – on water via our fleet of commercial barges and ships We also offer CFN, a FleetCor Company, cardlock commercial fueling
Equipment:
Equipping you to succeed.
Whether you need to store, dispense or handle fuels, lubricants, DEF, chemicals, or more, rely on the experts at Jankovich to take care of your needs.
We offer a full line of storage tanks, pumps, and related equipment. We have experience in an array of industries including car dealerships, car and truck repair shops, refineries, industrial plants, and beyond.
And as an authorized distributor of leading worldwide manufacturer Samson, we’re able to provide you the highest quality product at a competitive price.
Just as important as the quality of Fuels and Lubricants is ensuring they are handled properly. With more than 80 years in operation, we have the experience to do the job right.
Find out more about Jankovich Equipment by contacting us.
As a full-service solutions provider, we’re your source for sales, service and installation of equipment for fleet maintenance, commercial, industrial, automotive shops, dealerships and more.
We’re proud to be an authorized distributor of Samson equipment, a leading worldwide manufacturer of professional-grade products. shares our same commitment to providing superior products at an unmatched level of customer service.
We provide Equipment from the following manufacturers:
Samson Equipment
Hoover Totes
Lube Cube Tanks
Donaldson Filters
DESCASE Filters
Fluidall
Centeron Bulk Tank Monitoring
Godex
We provide sales and service for:
Lubricant storage tanks
Waste oil collection tanks
Fuel storage tanks
Dispensing equipment
Tank monitoring systems
Remote tank monitoring equipment
Service Reminder Printers
Containment and spill prevention equipment
Pumps
Meters
Reels
Mobil Industrial Lubricants:
Increasing productivity, productivity, and performance.
We are a licensed distributor of Mobil™ Industrial Lubricants, trusted globally for their unsurpassed quality, reliability, and performance. Mobil lubricants are engineered specifically to meet the most demanding modern industrial applications, with environmental awareness and safety always top of mind. Our goal is to ensure optimum performance from your equipment – increasing productivity and profitability.
Our products are proven to:
Increase equipment reliability
Enhance worker safety
Increase productivity
Reduce operating costs
Extend equipment life
Minimize environmental impact
We also use the Mobil Signum Analysis program, the world’s most sophisticated system for predictive maintenance. And our expert team includes multiple certified lube specialists who are available around the clock to help with technical issues.
Quality and experience count, nowhere more so than in industrial applications. We understand your business and the inner workings of your machinery. To that end, our staff annually attends multiple professional development and training courses to stay ahead of the curve with industrial trends and technology. From products to staff to support, we have the best in the industry. Don’t settle for anything less.
You know your operation, we know lubricants. Get the most out of your investment with our slate of industry leading services to improve your productivity.
We’re proud to provide the following services:
Lubricant survey
Lubricant training
Oil analysis
Gear and bearing inspections
Hydraulic inspections
Storage and handling assessments
Turbine flush
Turbine initial fill
Lubricant tagging
Oil purification
High velocity oil flushing and removal
Chemical cleaning
Emergency water and particulate removal
Oil system preventative maintenance
Bearing and return line flushing
Remote tank monitoring
Equipment leasing programs
Mobil Lubricants Product Data Sheets & Safety Data Sheets +
PROJECT OVERVIEWS
We are honored to serve customers and communities across Southern California since 1933. Below are some notable projects.
Los Angeles County Metropolitan Transportation Authority – we supply lubricants, including CNG/LNG 15W-40 Engine Oil, Synthetic Transmission Fluid and Synthetic Gear Oil, across multiple contracts currently thru 2025.
Haas Group International – we supply Ultra Low Sulfur Dyed Diesel Fuel
Orange County Transit Authority – supply of Transmission Fluid and Low Ash 15W-40 Engine Oil via multiple contracts
United States Navy – we supply fuel
County of Los Angeles Internal Services Department – supply of Engine Oils and Fluids via multiple year contracts
United States Coast Guard – we supply fuel
City of Compton – supply of Clear Renewable Diesel R99, Dyed Diesel and Gasoline
Union Pacific Railroad – Dyed Renewable Diesel R99 and Gasoline
South Coast Water District – Dyed Renewable Diesel R99 and Gasoline
ATTACHMENT C
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4242
WITH THE JANKOVICH COMPANY
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on the day of November 13, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and The Jankovich Company (the “VENDOR”). The CITY and the VENDOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional VENDOR to provide bulk fuels and oils (unleaded and diesel), lubricants, and grease goods to various facilities in the CITY; and
WHEREAS, the VENDOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
2. RFP No. 24-22
3. Vendor’s proposal referenced and Best Final Offer received by the City.
4. All other documents, including but not limited to all applicable bonds, insurance certificates, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Request for Proposals for Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods RFP No. 24-22 in the City of Montebello (July 25, 2024) (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
PROFESSIONAL SERVICES AGREEMENT NO. 4242
b. The VENDOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide Bulk Fuel and Grease Good services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The VENDOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The VENDOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The VENDOR shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement. c. The VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The VENDOR shall have the right to retain, subject to the CITY's approval, additional individuals, VENDORs or SUB-VENDORs to assist in the completion of services as herein defined. Compensation for additional individuals, VENDORs or SUB-VENDORS shall be the sole and exclusive responsibility of the VENDOR. e. The VENDOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the VENDOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The VENDOR hereby agrees that all work product produced pursuant to this
PROFESSIONAL SERVICES AGREEMENT NO. 4242
Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The VENDOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the VENDOR.
b. All data, documents, discussion, or other information developed or received by the VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the VENDOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The VENDOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the VENDOR and shall be the CITY’s agent with respect to obtaining the VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
If either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the VENDOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the VENDOR. The VENDOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the VENDOR shall only be entitled to Compensation for those Professional Services satisfactory performed on or before the effective date of termination. b. Termination for Convenience. The CITY shall have the option, at its sole
PROFESSIONAL SERVICES AGREEMENT NO. 4242
discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the VENDOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the VENDOR the part of Compensation which would otherwise be payable to the VENDOR for services the VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the VENDOR shall be reimbursed for any “non-refundable” costs that the VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the VENDOR prior to the date of termination, and (2) that the VENDOR provides the CITY with adequate proof that the VENDOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the VENDOR for its performance of services under this Agreement. The VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the VENDOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the VENDOR in the event of any default or breach by the CITY, or for any amount which may become due to the VENDOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The VENDOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the VENDOR except as expressly set forth in this Agreement. The VENDOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the VENDOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the VENDOR, the VENDOR’s employees or the VENDOR’s SUB-VENDORs for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the VENDOR. The CITY shall have no responsibility to provide the VENDOR, its employees or sub-contractorss with workers’ compensation
PROFESSIONAL SERVICES AGREEMENT NO. 4242
insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the VENDOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the VENDOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the VENDOR. If this Agreement remains in place, the VENDOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the VENDOR or any employee, agent, or sub-contractors of the VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the VENDOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the VENDOR or its employees, agents, or sub- contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the VENDOR and any of its employees, agents, and SUB-VENDORs providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The VENDOR shall always observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the VENDOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the VENDOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
PROFESSIONAL SERVICES AGREEMENT NO. 4242
a. During the term of this Agreement, the VENDOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the VENDOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR.
c. The VENDOR shall require each of its sub-contractor(s), if any, to maintain insurance coverage that meets all the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A: VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the VENDOR’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The VENDOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’
PROFESSIONAL SERVICES AGREEMENT NO. 4242
commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Director of Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the VENDOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The VENDOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The VENDOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverage.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insurers. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the VENDOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute to it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the VENDOR, and VENDOR’s employees, agents or sub-contractor, from waiving the right of subrogation prior to a loss. The VENDOR hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the VENDOR shall procure a bond guaranteeing payment of losses and expenses. m. Procurement of insurance by the VENDOR shall not be construed as a
PROFESSIONAL SERVICES AGREEMENT NO. 4242
limitation of the VENDOR'S liability or as full performance of VENDOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The VENDOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the VENDOR and shall not bind or purport to bind the CITY and shall not release the VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-VENDORs. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the VENDOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be the County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4242
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second
PROFESSIONAL SERVICES AGREEMENT NO. 4242
(2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Department of Transportation – Montebello Bus Lines
Attn: John Soria – Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558-1625 ext. 1315
Email: [email protected]
If to VENDOR: The Jankovich Company
Attn: Tommy Jankovich II
Address 14066 Garfield Avenue
Paramount, CA 90723
(800) 650-0200
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the VENDOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The VENDOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The VENDOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the VENDOR shall avoid the
PROFESSIONAL SERVICES AGREEMENT NO. 4242
appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the VENDOR. The VENDOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4242
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“VENDOR”)
CITY OF MONTEBELLO The Jankovich Company
Raul Alvarez, City Manager Tommy Jankovich II, Vice President of Operations
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Vendor’s Proposal
• Exhibit B – Schedule of Compensation
EXHIBIT “A”
Vendor’s Proposal
EXHIBIT “B”
Schedule of Compensation
ITEM # 30
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE ISSUANCE OF BLANKET PURCHASE ORDER TO L.N.
CURTIS & SONS FOR EQUIPMENT AND SUPPLIES FOR FIRE
APPARATUS
DATE: November 13, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve issuing an annual blanket purchase order to L.N. Curtis and Sons for equipment and fire-related supplies for apparatus for daily emergency operations in an initial amount to not exceed $100,000 annually beginning Fiscal Year 2024- 25 through 2025-26; and
2. Authorize the City Manager to approve up to an additional $25,000 in expenditures for a maximum not-to-exceed $125,000; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The blanket purchase will be completed using Sourcewell Contract #32620 with L.N.
Curtis and Sons (Attachment A), as permitted under Montebello Municipal Code Section
3.20.050(F), Cooperative purchase agreement. The budget for Fire Suppression, Machinery and Equipment will not be impacted at this time due to operational costs being approved for FY 2024-25. If needed, the potential fiscal impact is if the City Manager authorizes an additional $25,000 in expenses amending the Fiscal Year 2024-25 budget by $25,000 in Account No. 100-85-860-6010.10 (General Fund, Fire, Suppression, Machinery & Equipments - Machinery & Equipment).
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024
BACKGROUND/DISCUSSION:
Each fiscal year, Montebello Fire Department must purchase various goods and materials in support of delivering life and fire protection services to the community. L.N.
Curtis & Sons is one of the vendors from which the Department routinely place orders; examples of goods and materials purchased are personal protective equipment, breathing apparatus, gas monitors, ground fire equipment and hand tools. L.N. Curtis & Sons is the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through this vendor. Other purchases from L.N. Curtis & Sons are based on pricing, cost savings and delivery timeliness.
The Fire Department had previously received City Council approval for a purchase order for L.N. Curtis and Sons for machinery & equipment Personal Protective equipment. The Sourcewell Contract 032630-INO gives access to the following goods and services:
Turnout gear, rescue gear, glove, PPE maintenance, proximity suits, medical equipment, particulate and non-particulate blocking hoods. Previous staff reports approving purchases with L.N. Curtis were related to the new squad equipment and increase in personnel.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
This staff report addresses daily operational costs that previously did not exceed $50,000 due to the informal bids for some equipment needs that were found with various vendors; while some items are sole-source purchase. The Fire Department is seeking approval to establish a blanket purchase order with LN Curtis & Sons to provide firefighting tools, equipment, personal protective equipment, and safety supplies that are necessary for daily operations. The amount of the purchase order is estimated from date on the life cycle for replacement of existing equipment and projected needs for equipping fire apparatuses and firefighters. The amount being requested is for routine emergency operational costs within the scope of annual expenditures budgeted for FY 2024-25.
SUMMARY:
Staff is requesting approval of the Blanket Purchase Order with L.N. Curtis & Sons for the procurement of daily operational equipment and supplies for fire apparatuses to maintain daily emergency operations; the fire department budgeted up to $100,000 for this equipment in FY 24-25. If the City Manager is to authorize an additional $25,000,
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024
amend the FY 2024-25 budget by increasing appropriations in Account No. 100-85- 860- 6010.10 (General Fund, Fire Department, Fire Suppression, Machinery & Equipment).
ATTACHMENT(S)
1. Attachment A - L.N. Curtis Contract RFP #032620
032620-LNC
1 Rev. 4/2019
Solicitation Number: RFP #032620
CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennox Lane, Suite 100, Walnut Creek, CA 94598 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only.
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.
ATTACHMENT A
032620-LNC
2 Rev. 4/2019
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.
C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
032620-LNC
3 Rev. 4/2019
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
032620-LNC
4 Rev. 4/2019
5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award
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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
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24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Nick Lawrence
Title: Director of Operations &
Procurement/CPO
Title: Special Programs Director
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.
KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle- NetSuite. Oracle-NetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management.
Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders).
*
Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's performance in support of Sourcewell.
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.
As the largest stocking distributor of firefighting equipment in the West and one of the largest distributors of firefighting equipment and services in America, Curtis is offering the premium brand of products in the defined categories along with on-site product support and customer service.
*
In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services product specialists who are trained and certified by manufacturers to provide deployment support and, product training in use, care, maintenance and repair, and safety.
68 Describe available options for
customization of the products and/or
equipment offered in your proposal.
Typically, PPE are highly customized products, based on the requirements of each department, and sometimes, each firefighter.
Curtis' Sales and Product Support teams provide the market with pre-sales product training and education to help define the best materials and optimal design requirements required to meet each department's unique Risk Assessment.
*
69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.
Curtis' Sales and Product Support Teams provide on-site sizing, when required, for PPE orders at no additional charge. Sizing is accomplished using actual sizing sets.
Each firefighter dons sizing samples until a proper fit is identified.
*
Additionally, ECMS (a Curtis wholly-owned subsidiary) provides NFPA 1851-compliant PPE inspection, repair and cleaning services. ECMS is included in this Curtis proposal.
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.
All on-site services are coordinated and mutually agreed upon with appropriate agency personnel prior any work performed.
*
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).
All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA).
*
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
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ITEM # 31
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Ramon Figueroa, Director of Human Resources
SUBJECT: SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF MONTEBELLO
AND THE MONTEBELLO SUPERVISORS' ASSOCIATION
DATE: November 13, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Side Letter of Agreement to the Memorandum of Understanding (MOU) between the City of Montebello and the Montebello Supervisors’ Association (MSA) for the period of January 1, 2022 through June 30, 2025, modifying Article III, Section E of the MOU; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There are sufficient funds budgeted in the Fiscal Year 2024-25 Operating Budget for this item.
BACKGROUND/DISCUSSION:
On May 11, 2022, the City Council approved a Memorandum of Understanding (“MOU”) between the City of Montebello and the Montebello Supervisors’ Association (“MSA”) for the term of January 1, 2022 through June 30, 2025. Article I, Section D of the MOU states that the parties may mutually and voluntarily agree to negotiate over matters within the scope of the MOU during the term of the agreement.
The parties mutually agreed to meet and confer regarding the eligibility of overtime for employee(s) in the classification of Public Safety Radio Supervisor. Job classifications
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024
represented by the MSA are exempt from overtime under the Fair Labor Standards Act (“FLSA”) due to the nature of their duties. The Public Safety Radio Supervisor is one of the exempt classifications represented by the MSA. There has been a dispute between the parties regarding the exemption status of the Public Safety Radio Supervisor classification. In an effort to amicably resolve the dispute, the parties tentatively agreed to the terms in the Side Letter of Agreement to the MOU.
Under the tentatively agreed to Side Letter of Agreement, the current incumbent in the Public Safety Radio Supervisor classification would not be required to repay the City overtime that was paid from September 2022 through May 2023. Article III, Section E of the MOU would be modified to prospectively provide overtime eligibility to the Public Safety Radio Supervisor classification effective the first full pay period following City Council approval of the Side Letter of Agreement. The Public Safety Radio Supervisor classification would no longer be eligible to receive Administrative Leave effective the first full pay period following City Council approval of the Side Letter of Agreement.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council’s approval of the Side Letter of Agreement to the MOU between the City and MSA to provide a reasonable resolution to the issue. The City considers the Public Safety Radio Supervisor classification as exempt from overtime under the FLSA. However, due to the unique and specialized skills required of the job classification, the frequent time commitment required after-hours and on weekends, and the impact to the Montebello community and surrounding agencies if public safety radio issues are not addressed in an effective and timely manner, the parties agree that the Public Safety Radio Supervisor classification will be eligible to earn overtime compensation.
ATTACHMENT(S)
1. Attachment A - MSA Side Letter Public Safety Radio Supervisor
Side Letter of Agreement Between City of Montebello and Montebello Supervisors’ Association
WHEREAS, the City of Montebello (“CITY”) and the Montebello Supervisors’ Association (“MSA”) are parties (collectively “PARTIES”) to a Memorandum of Understanding (“MOU”) that is in effect from January 1, 2022 through June 30, 2025, which governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the MSA;
WHEREAS, job classifications represented by the MSA are exempt from overtime under the Fair Labor Standards Act (“FLSA”) due to the nature of their duties; WHEREAS, the Public Safety Radio Supervisor is one of the exempt classifications represented by the MSA;
WHEREAS, the PARTIES wish to amicably resolve a dispute regarding the exemption status of the Public Safety Radio Supervisor classification.
THEREFORE, IT IS AGREED AS FOLLOWS:
1. The current incumbent (as of the date of execution of this side letter) in the Public Safety Radio Supervisor classification will not be required to repay to the City the $26,711.25 in overtime that was paid from September 30, 2022 through May 20, 2023.
2. The City considers the Public Safety Radio Supervisor classification as exempt from overtime under the FLSA. However, due to the unique and specialized skills required of the classification; the frequent time commitment required after-hours and on weekends; and the impact to the community and surrounding agencies if public safety radio issues are not addressed in an effective and timely manner, the PARTIES agree that the Public Safety Radio Supervisor classification will be eligible to receive overtime compensation at the rate of one and one-half (1½) times the employee’s base rate of pay for time worked in excess of 40 hours in a work week.
3. Overtime eligibility for the Public Safety Radio Supervisor classification will be effective the first full pay period following City Council approval of this Side Letter of Agreement.
4. Effective the first full pay period following City Council approval of this Side Letter of Agreement, the Public Safety Radio Supervisor classification will no longer be eligible to receive Administrative Leave. Any unused Administrative Leave hours must be used by December 31, 2024, or the unused hours will be paid out during the first pay period in January in accordance with Section II, Article C of the MOU.
5. The PARTIES agree to modify Article III, Section E of the MOU as follows:
2 “SECTION E ADMINISTRATIVE LEAVE/OVERTIME
MSA members, will receive forty (40) hours of Administrative Leave Pay per calendar year, posted during the first pay period each January.
Employees in classifications represented by the MSA are exempt from overtime under the Fair Labor Standards Act (“FLSA”) due to the nature of their duties.
Employees are expected to work the hours necessary to complete the requirements of their positions.
Although still considered to be exempt from overtime under the FLSA, employees in the Public Safety Radio Supervisor classification will be eligible to receive overtime compensation at the rate of one and one-half (1½) times the employee’s base rate of pay for time worked in excess of forty (40) hours in a work week. Vacation leave will be considered as hours worked when computing overtime. Sick, holiday, and any other accrued leave hours will not be considered as hours worked when computing overtime. Employees in the Public Safety Radio classification will not be eligible to receive Administrative Leave as provided for in this Section. Any unused Administrative Leave hours for employees in the Public Safety Radio Supervisor classification must be used by December 31, 2024, or the unused hours will be paid out during the first pay period in January in accordance with Section II, Article C of the MOU. The provisions in this Section shall be effective the first full pay period following City Council approval of the Side Letter of Agreement between the City and the MSA.”
6. No other terms and/or items in the MOU have been discussed and the economic enhancements, benefits, and language of the current MOU shall remain in full force and effect throughout the term of the MOU, ending on June 30, 2025.
THE PARTIES AGREE TO THE ABOVE:
CITY OF MONTEBELLO
_______________________________ _____________________
Raul Alvarez Date
City Manager
MONTEBELLO SUPERVISORS’ ASSOCIATION
_______________________________ _____________________
Jeremy Melendez Date
MSA President
ITEM # 32
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-86 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED NOVEMBER 13, 2024
RESOLUTION NO. 24-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO
APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW, THEREFORE, T HE CITY COUN CIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That the referen ce i s hereby made to that certai n Register of Audited Demand No.1583, consisting of 10 pages, and including:
Warrant No.
General: Check No. 605053 through 605247
ACH No. 7336 through 7467
Successor Agency: Check No. 1526 through 1526
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.
SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 13th DAY OF NOVEMBER 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 24-86
• Exhibit A – Warrant Register
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No. 24-86 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 13th day of November 2024 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full, and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE: __
Christopher Jimenez, City Clerk
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
7336 10/17/2024 $302.56 FUEL 3163 BANK OF AMERICA
7337 10/17/2024 $1,578.06 SUPPLIES 3163 BANK OF AMERICA 7338 10/17/2024 $220.24 SUPPLIES 3163 BANK OF AMERICA
7339 10/17/2024 $346.64 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7340 10/17/2024 $30.07 FUEL 3163 BANK OF AMERICA
7341 10/17/2024 $210.14 SUPPLIES 3163 BANK OF AMERICA
7342 10/17/2024 $1,526.90 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7343 10/17/2024 $352.11 SUPPLIES 3163 BANK OF AMERICA
7344 10/17/2024 $175.60 SUPPLIES 3163 BANK OF AMERICA
7345 10/17/2024 $1,443.87 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7346 10/17/2024 $174.03 SUPPLIES 3163 BANK OF AMERICA
7347 10/17/2024 $350.65 SUPPLIES 3163 BANK OF AMERICA
7348 10/17/2024 $1,261.82 SUPPLIES 3163 BANK OF AMERICA 7349 10/17/2024 $57.50 FUEL 3163 BANK OF AMERICA
7350 10/17/2024 $123.40 SUPPLIES 3163 BANK OF AMERICA
7351 10/17/2024 $348.24 SUPPLIES 3163 BANK OF AMERICA
7352 10/17/2024 $794.70 SUPPLIES 3163 BANK OF AMERICA
7353 10/17/2024 $45.57 SUPPLIES 3163 BANK OF AMERICA
7354 10/17/2024 $159.90 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 7355 10/17/2024 $46.00 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7356 10/17/2024 $96.62 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7357 10/17/2024 $105.00 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7358 10/17/2024 $412.97 SUPPLIES 3163 BANK OF AMERICA
7359 10/17/2024 $77.27 SUPPLIES 3163 BANK OF AMERICA
7360 10/17/2024 $29.22 SUPPLIES 3163 BANK OF AMERICA
7361 10/17/2024 $6,038.94 ADVERTISING/PRINTING SERVICES 2689 ACRO PRINTING INC 7362 10/17/2024 $690.00 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 7363 10/17/2024 $3,526.20 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7364 10/17/2024 $14,779.12 SUPPLIES 62880 AMERICAN MARKER 7365 10/17/2024 $360.00 CONTRACT SERVICES 2365 LETICIA TORRES 7366 10/17/2024 $175,014.75 CONTRACT SERVICES 3016 ANTARES GOLF LLC 7367 10/17/2024 $30.00 TRAVEL & MEETINGS 2534 LETICIA ANTUNA 7368 10/17/2024 $500.00 MACHINERY & EQUIPMENTS 72 COGRAN SYSTEMS LLC 7369 10/17/2024 $1,478.73 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC WARRANT #
General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
7370 10/17/2024 $30,302.78 FUEL INVENTORY 962 MO DION & SONS INC 7371 10/17/2024 $731.27 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 7372 10/17/2024 $1,796.10 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 7373 10/17/2024 $8,419.24 CONTRACT SERVICES 43860 MYERS & SONS HI-WAY SAFETY INC 7374 10/17/2024 $1,175.25 MACHINERY & EQUIPMENTS 2793 IBE DIGITAL 7375 10/17/2024 $1,851.68 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 7376 10/17/2024 $13,238.48 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7377 10/17/2024 $17,168.25 CONTRACT SERVICES 2892 KTU & A 7378 10/17/2024 $15,748.13 SUPPLIES 26670 LIFE-ASSIST INC 7379 10/17/2024 $10,075.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 7380 10/17/2024 $853.00 CONTRACT SERVICES 19250 N/S CORPORATION 7381 10/17/2024 $545.60 SUPPLIES 1120 BLUETRITON BRANDS INC 7382 10/17/2024 $721.40 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7383 10/24/2024 $2,286.39 SUPPLIES 3163 BANK OF AMERICA 7384 10/24/2024 $2,808.17 SUPPLIES 3163 BANK OF AMERICA 7385 10/24/2024 $1,583.63 SUPPLIES 3163 BANK OF AMERICA 7386 10/24/2024 $256.58 SUPPLIES 3163 BANK OF AMERICA
7387 10/24/2024 $2,501.27 SUPPLIES 3163 BANK OF AMERICA 7388 10/24/2024 $1,031.54 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 7389 10/24/2024 $4,968.00 SUPPLIES 3163 BANK OF AMERICA 7390 10/24/2024 $69.77 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 7391 10/24/2024 $1,001.41 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 7392 10/24/2024 $3,370.37 TRAINING 3163 BANK OF AMERICA 7393 10/24/2024 $235.90 TRAINING 3163 BANK OF AMERICA
7394 10/24/2024 $4,778.86 SUPPLIES 3163 BANK OF AMERICA 7395 10/24/2024 $4,161.62 TRAINING 3163 BANK OF AMERICA 7396 10/24/2024 $896.16 SUPPLIES 3163 BANK OF AMERICA
7397 10/24/2024 $126.43 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7398 10/24/2024 $1,676.91 CONTRACT SERVICES 2586 AMAZON CAPITAL SERVICES INC 7399 10/24/2024 $3,493.35 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 7400 10/24/2024 $40.00 CARPOOL INCENTIVE 289 ANDREA ANDRADE 7401 10/24/2024 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 7402 10/24/2024 $3,235.63 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 7403 10/24/2024 $8,520.08 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 7404 10/24/2024 $11,000.75 MACHINERY & EQUIPMENTS 4617 CDCE INC 7405 10/24/2024 $1,025.33 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
7406 10/24/2024 $2,100.00 MACHINERY & EQUIPMENTS 1118 COMCATE SOFTWARE INC 7407 10/24/2024 $40.00 CARPOOL INCENTIVE 29020 RAFAEL DE LA TORRE 7408 10/24/2024 $124.23 SUPPLIES 70920 DECALS BY DESIGN INC 7409 10/24/2024 $912.03 UNIFORM EXPENSE 4777 ZACHARY ENES 7410 10/24/2024 $6,922.11 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 7411 10/24/2024 $34.00 CONTRACT SERVICES 23660 DAIOHS USA 7412 10/24/2024 $40.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 7413 10/24/2024 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 7414 10/24/2024 $40.00 CARPOOL INCENTIVE 3681 LIZETTE GUERRERO 7415 10/24/2024 $499.26 CONTRACT SERVICES 46870 HDL COREN & CONE 7416 10/24/2024 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 7417 10/24/2024 $3,826.86 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 7418 10/24/2024 $1,518.49 SUPPLIES 26670 LIFE-ASSIST INC 7419 10/24/2024 $40.00 CARPOOL INCENTIVE 4439 DANESSA DANETTE LLANES 7420 10/24/2024 $3,780.00 CONTRACT SERVICES 11070 LPM CONSULTING INC 7421 10/24/2024 $40.00 CARPOOL INCENTIVE 4580 JEREMY MELENDEZ 7422 10/24/2024 $226,344.72 MACHINERY & EQUIPMENTS 4008 MITSUBISHI ELECTRIC POWER PRODUCTS INC 7423 10/24/2024 $1,500.00 TRAVEL & MEETINGS 51550 MONTEBELLO CHAMBER OF COMMERCE 7424 10/24/2024 $162,789.63 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 7425 10/24/2024 $80.00 CARPOOL INCENTIVE 2203 SAMANTHA NEVAREZ 7426 10/24/2024 $80.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 7427 10/24/2024 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 7428 10/24/2024 $637.98 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 7429 10/24/2024 $290.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ 7430 10/24/2024 $80.00 CARPOOL INCENTIVE 4429 ELISEO RAMOS 7431 10/24/2024 $140.22 SUPPLIES 1120 BLUETRITON BRANDS INC 7432 10/24/2024 $60,000.00 CONTRACT SERVICES 61050 REDFLEX TRAFFIC SYSTEMS 7433 10/24/2024 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 7434 10/24/2024 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 7435 10/24/2024 $194.52 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 7436 10/24/2024 $30.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO 7437 10/24/2024 $40.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA 7438 10/24/2024 $652.00 CONTRACT SERVICES 3299 SOUTHERN CALIFORNIA SHREDDING INC 7439 10/24/2024 $1,032.48 UNIFORM EXPENSE 4780 RYAN ST. ONGE 7440 10/24/2024 $7,777.12 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7441 10/24/2024 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
7442 10/24/2024 $40.00 CARPOOL INCENTIVE 4386 NAM TRAN
7443 10/24/2024 $1,102.50 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 7444 10/24/2024 $28,953.00 CONTRACT SERVICES 4256 VERDANT LANDSCAPING, INC. 7445 10/24/2024 $6,127.09 SUPPLIES 3088 WAXIES ENTERPRISES LLC 7446 10/24/2024 $747.50 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS 7447 10/31/2024 $486.00 CONTRACT SERVICES 3163 BANK OF AMERICA 7448 10/31/2024 $3,335.00 CONTRACT SERVICES 4510 112 SOUTH EUCALYPTUS AVE LLC 7449 10/31/2024 $12,274.96 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 7450 10/31/2024 $1,185.63 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7451 10/31/2024 $7,390.34 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 7452 10/31/2024 $123.48 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 7453 10/31/2024 $3,317.33 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 7454 10/31/2024 $6,291.83 CONTRACT SERVICES 2624 CRAFCO INC 7455 10/31/2024 $450.00 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 7456 10/31/2024 $7,276.18 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7457 10/31/2024 $3,258.95 MACHINERY & EQUIPMENTS 26080 L.N. CURTIS AND SONS 7458 10/31/2024 $2,612.40 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 7459 10/31/2024 $3,777.71 SUPPLIES 26670 LIFE-ASSIST INC 7460 10/31/2024 $12,280.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 7461 10/31/2024 $40,824.00 CONTRACT SERVICES 42180 PCAM LLC 7462 10/31/2024 $74,307.39 CONTRACT SERVICES 4220 R.C. CONSTRUCTION SERVICES INC 7463 10/31/2024 $556.27 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 7464 10/31/2024 $223.61 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7465 10/31/2024 $20,833.33 MISCELLANEOUS EXPENSE 4761 TREND SPORTS II LLC 7466 10/31/2024 $692.86 SUPPLIES 3088 WAXIES ENTERPRISES LLC 7467 10/31/2024 $390.28 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS ACH TOTAL $1,095,104.44
605053 10/17/2024 $2,268.45 UTILITY SERVICES 39550 AT&T 605054 10/17/2024 $6,237.83 UTILITY SERVICES 39550 AT&T 605055 10/17/2024 $41.16 UTILITY SERVICES 39550 AT&T
605056 10/17/2024 $350.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 605057 10/17/2024 $1,082.32 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 605058 10/17/2024 $5,708.56 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 605059 10/17/2024 $381.18 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
605060 10/17/2024 $465.75 CONTRACT SERVICES 65600 CITY OF PASADENA (DEPARTMENT OF TRANSPORTATION) 605061 10/17/2024 $25.13 UTILITY SERVICES 36610 CITY OF PICO RIVERA 605062 10/17/2024 $2,504.05 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 605063 10/17/2024 $1,008.50 CONTRACT SERVICES 3492 DP TRADING 605064 10/17/2024 $429.49 CONTRACT SERVICES 1894 ECONOMY RENTAL INC 605065 10/17/2024 $1,605.45 VEHICLE MAINTENANCE/EXPENSES 4759 FLEET SERVICE SPECIALISTS, LLC 605066 10/17/2024 $5,791.10 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 605067 10/17/2024 $250.00 TRAINING 4767 ELIZABETH FRANCO 605068 10/17/2024 $4,961.26 UNIFORM EXPENSE 55650 GALLS LLC 605069 10/17/2024 $15,000.00 DUES & SUBSCRIPTIONS 1447 GATEWAY WATER MANAGEMENT AUTHORITY 605070 10/17/2024 $4,390.65 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 605071 10/17/2024 $250.00 GENERAL GOVERNMENT 4775 ALMA GONZALEZ 605072 10/17/2024 $2,651.00 CONTRACT SERVICES 4133 H&L CHARTER CO., INC. 605073 10/17/2024 $713.95 SUPPLIES 4361 JAKEB HALL
605074 10/17/2024 $3,192.76 CONTRACT SERVICES 48120 HINDERLITER DE LLAMAS & ASSOCIATES 605075 10/17/2024 $7,962.98 CONTRACT SERVICES 4550 HOWROYD-WRIGHT EMPLOYMENT AGENCY INC 605076 10/17/2024 $420.92 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 605077 10/17/2024 $2,096.79 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 605078 10/17/2024 $800.00 CONTRACT SERVICES 4581 INCOMPLI INC 605079 10/17/2024 $155.44 TRAINING 4273 JENNIFER MERO
605080 10/17/2024 $1,402.05 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 605081 10/17/2024 $513.31 VEHICLE MAINTENANCE/EXPENSES 70510 CSK AUTO INC 605082 10/17/2024 $2,130.00 CONTRACT SERVICES 1597 PACIFIC COAST ELEVATOR CORP 605083 10/17/2024 $10,375.97 LEASE PAYMENT 2357 PNC BANK NATIONAL ASSOCIATION 605084 10/17/2024 $451.31 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 605085 10/17/2024 $48.18 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 605086 10/17/2024 $4,262.81 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 605087 10/17/2024 $13,055.74 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 605088 10/17/2024 $9,683.74 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 605089 10/17/2024 $39,235.87 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 605090 10/17/2024 $2,263.75 DUES & SUBSCRIPTIONS 4160 SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FED 605091 10/17/2024 $5,034.68 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC 605092 10/17/2024 $6,279.05 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 605093 10/17/2024 $1,139.89 SUPPLIES 3110 TOMAS ALVARADO 605094 10/17/2024 $2,969.86 UNIFORM EXPENSE 64140 TURNOUT MAINTENANCE COMPANY LLC 605095 10/17/2024 $2,582.57 SUPPLIES 45120 ULINE INC
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
605096 10/17/2024 $2,285.81 UTILITY SERVICES 72570 US TELEPACIFIC CORP 605097 10/17/2024 $11,484.30 VEHICLE MAINTENANCE/EXPENSES 3450 VALLEY POWER SYSTEMS INC 605098 10/17/2024 $500.00 CONTRACT SERVICES 4265 TONY VELAZQUEZ 605099 10/17/2024 $700.00 CONTRACT SERVICES 4131 ANTONIO VIDRIO 605100 10/17/2024 $228.22 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 605101 10/17/2024 $55.00 CONTRACT SERVICES 3006 ASBURY ENVIRONMENTAL SERVICES 605102 10/17/2024 $51,965.51 CONTRACT SERVICES 6390 ZOLL MEDICAL CORPORATION GPO 605103 10/17/2024 $50.00 TRAVEL & MEETINGS 3708 VERONICA LARA 605104 10/24/2024 $120.66 TRAVEL & MEETINGS 4594 RAUL ALVAREZ 605105 10/24/2024 $6,980.91 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 605106 10/24/2024 $297.00 PREVENTIVE MAINTENANCE 64600 A TO Z FIRE PROTECTION COMPANY 605107 10/24/2024 $17,090.25 VEHICLE MAINTENANCE/EXPENSES 113 ALACO LADDER COMPANY 605108 10/24/2024 $1,469.03 IMPROVEMENTS OTHER THAN BUILDING 4762 ALFARO COMMUNITCATIONS CONSTRUCTION, INC 605109 10/24/2024 $227.09 TRAVEL & MEETINGS 4594 RAUL ALVAREZ 605110 10/24/2024 $2,254.78 UTILITY SERVICES 38380 AT&T 605111 10/24/2024 $389.76 UTILITY SERVICES 39550 AT&T
605112 10/24/2024 $60.28 UTILITY SERVICES 39550 AT&T
605113 10/24/2024 $672.53 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 605114 10/24/2024 $15,400.16 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 605115 10/24/2024 $119.94 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 605116 10/24/2024 $1,468.05 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 605117 10/24/2024 $1,869.00 CONTRACT SERVICES 3880 CINDYS JUMPERS, LLC 605118 10/24/2024 $7.89 SAFETY PROGRAM 1294 CINTAS CORPORATION NO 2 605119 10/24/2024 $386.51 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 605120 10/24/2024 $250.00 GENERAL GOVERNMENT 2315 KIMBERLY COBOS-CAWTHORNE 605121 10/24/2024 $661.26 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 605122 10/24/2024 $877.45 SUPPLIES 13360 DELL MARKETING LP 605123 10/24/2024 $200.00 CONTRACT SERVICES 4420 DF POLYGRAPH 605124 10/24/2024 $3,246.77 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 605125 10/24/2024 $20.00 CARPOOL INCENTIVE 4778 DAVID FORDE 605126 10/24/2024 $6,882.91 CONTRACT SERVICES 2827 FOUR STAR INVESTIGATIONS LLC 605127 10/24/2024 $708.94 CONTRACT SERVICES 4365 ANDREW ARTHUR GARCIA 605128 10/24/2024 $3,495.70 CONTRACT SERVICES 4694 CRISTINA GARCIA 605129 10/24/2024 $68.00 PARKS AND RECREATION 4032 FRANCISCO GARIBAY 605130 10/24/2024 $275,521.00 CONTRACT SERVICES 13750 CITY OF GLENDALE 605131 10/24/2024 $11,606.49 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
605132 10/24/2024 $314.21 SUPPLIES 2728 H & V CUSTOM OFFICE CUBICLES CORP 605133 10/24/2024 $2,622.30 SUPPLIES 2059 HASA INC
605134 10/24/2024 $1,356.47 ADVERTISING/PRINTING SERVICES 3307 HASHTAG PROMOTIONS LLC 605135 10/24/2024 $7,541.07 CONTRACT SERVICES 4550 HOWROYD-WRIGHT EMPLOYMENT AGENCY INC 605136 10/24/2024 $810.07 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 605137 10/24/2024 $10,080.00 CONTRACT SERVICES 4525 INFRASTRUCUTRE ENGINEERS, A BOWMAN COMPANY 605138 10/24/2024 $3,263.53 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 605139 10/24/2024 $4,462.58 MACHINERY & EQUIPMENTS 993 IVA SOLUTIONS INC 605140 10/24/2024 $2,600.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 605141 10/24/2024 $1,496.81 CONTRACT SERVICES 43680 JJ KELLER & ASSOCIATES INC 605142 10/24/2024 $1,885.73 CONTRACT SERVICES 4810 LA COUNTY DEPARTMENT OF PUBLIC WORKS 605143 10/24/2024 $3,403.00 CONTRACT SERVICES 56850 LOS ANGELES COUNTY FIRE DEPARTMENT 605144 10/24/2024 $1,895.00 CONTRACT SERVICES 3401 M & J PAUL ENTERPRISES INC 605145 10/24/2024 $1,190.00 CONTRACT SERVICES 4555 MAK FIRE PROTECTION ENGINEERING AND CONSULTING INC 605146 10/24/2024 $1,331.50 SUPPLIES 2072 MICROMED DIAMOND SEAL SYSTEMS LLC 605147 10/24/2024 $1,850.00 CONTRACT SERVICES 1665 MONTEBELLO SPEAKER REPAIR CENTER INC 605148 10/24/2024 $30.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 605149 10/24/2024 $327.26 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 605150 10/24/2024 $1,360.00 CONTRACT SERVICES 1597 PACIFIC COAST ELEVATOR CORP 605151 10/24/2024 $500.00 CONTRACT SERVICES 4774 CATHERINE PARRA 605152 10/24/2024 $972.00 CONTRACT SERVICES 3055 CHARLES R ONEAL 605153 10/24/2024 $130.56 UTILITY SERVICES 100 PICO WATER DISTRICT 605154 10/24/2024 $518.80 LEASE PAYMENT 2357 PNC BANK NATIONAL ASSOCIATION 605155 10/24/2024 $1,946.08 CONTRACT SERVICES 3279 PROCURE AMERICA LLC 605156 10/24/2024 $134.47 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 605157 10/24/2024 $2,000.00 MAIL/ POSTAL EXPENSE 697 QUADIENT FINANCE USA INC 605158 10/24/2024 $164,972.49 CONTRACT SERVICES 32210 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 605159 10/24/2024 $500.00 CONTRACT SERVICES 4766 SANCHEZ AWARDS 605160 10/24/2024 $490.20 CONTRACT SERVICES 673 SERVIAM BY WRIGHT LLP 605161 10/24/2024 $4,145.23 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 605162 10/24/2024 $30,743.07 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 605163 10/24/2024 $12,462.01 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 605164 10/24/2024 $1,800.00 CONTRACT SERVICES 4520 STARBIANO LLC 605165 10/24/2024 $550.00 EDUCATION REIMBURSEMENT 4779 NICHOLAS SWAVING 605166 10/24/2024 $250.00 GENERAL GOVERNMENT 4783 JOELLE TAPIA 605167 10/24/2024 $4,074.94 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC
EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAMEWARRANT # General Account
City of Montebello
Register of Demands No. 1583
From Payment Date 10/11/24 - To Payment Date 10/31/24
605168 10/24/2024 $2,285.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 605169 10/24/2024 $30.00 CARPOOL INCENTIVE 4781 TAM TIEU 605170 10/24/2024 $8,485.00 CONTRACT SERVICES 4356 TRUVIEW BSI, LLC 605171 10/24/2024 $30,205.86 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 605172 10/24/2024 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 605173 10/24/2024 $3,012.03 UTILITY SERVICES 72570 US TELEPACIFIC CORP 605174 10/24/2024 $400.00 CONTRACT SERVICES 4265 TONY VELAZQUEZ 605175 10/24/2024 $2,136.30 CONTRACT SERVICES 4003 VEOLIA WTS SERVICES USA, INC. 605176 10/24/2024 $3,135.64 UTILITY SERVICES 23610 VERIZON WIRELESS 605177 10/24/2024 $108.71 SUPPLIES 19070 WALTERS WHOLESALE ELECTRIC CO 605178 10/24/2024 $1,799.95 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 605179 10/24/2024 $7,155.75 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 605180 10/24/2024 $2,713.62 SUPPLIES 67320 WINZER
605181 10/24/2024 $109.00 CONTRACT SERVICES 3006 ASBURY ENVIRONMENTAL SERVICES 605182 10/24/2024 $3,969.66 ADVERTISING/PRINTING SERVICES 61850 X-IGENT PRINTING INC 605183 10/31/2024 $965.16 MACHINERY & EQUIPMENTS 4598 49ER COMMUNICATIONS INC 605184 10/31/2024 $1,344.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605185 10/31/2024 $600.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605186 10/31/2024 $995.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605187 10/31/2024 $1,595.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605188 10/31/2024 $7,772.31 UTILITY SERVICES 39550 AT&T 605189 10/31/2024 $4,053.74 UTILITY SERVICES 1732 AT&T CORP 605190 10/31/2024 $700.00 CONTRACT SERVICES 3321 JOSE LUIS ZAVALA 605191 10/31/2024 $2,397.94 TRAVEL & MEETINGS 4014 NIKO BEGAKIS 605192 10/31/2024 $225.00 PERMITS AND FEES 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 605193 10/31/2024 $81.55 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 605194 10/31/2024 $720.00 VEHICLE MAINTENANCE/EXPENSES 4484 JOSE CAMACHO 605195 10/31/2024 $1,320.00 CONTRACT SERVICES 4288 CASA BONITA SENIOR APARTMENTS 605196 10/31/2024 $380.00 CONTRACT SERVICES 4481 CENTURY CITYVIEW LP 605197 10/31/2024 $60.00 PARKS AND RECREATION 4784 HECTOR CERVANTES 605198 10/31/2024 $2,350.00 CONTRACT SERVICES 3644 GRACE CHANG 605199 10/31/2024 $1,800.00 CONTRACT SERVICES 3644 GRACE CHANG 605200 10/31/2024 $1,890.00 CONTRACT SERVICES 3644 GRACE CHANG 605201 10/31/2024 $1,850.00 CONTRACT SERVICES 3644 GRACE CHANG 605202 10/31/2024 $5,462.41 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 605203 10/31/2024 $10,000.00 MACHINERY & EQUIPMENTS 4735 CITIBOT INC