CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025
efficiency since these vehicles are essential for supporting day-to-day operations, including staff transportation, and ensuring that services go uninterrupted during each operator shift change. To ensure MBL maintains its operational efficiency, staff requests that the City Council approve release of RFQ No. Q-25-01 for the acquisition of nine (9) new non-revenue relief vehicles.
Staff initiated the research phase and identified the Toyota Corolla LE sedan as an optimal option for the replacement of Transit's non-revenue relief vehicles. The vehicles were selected based on their fuel efficiency, environmental benefits, and ability to meet MBL’s operational needs. The hybrid technology in the sedan will not only reduce emissions but also contribute to long-term cost savings on fuel and maintenance.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council approve issuing RFQ No. Q-25-01, attached hereto in substantial form (Attachment A), to replace MBL’s existing non-revenue relief vehicle fleet; and direct staff to take such additional related action that may be reasonable and necessary.
ATTACHMENT(S)
1. Attachment A: RFQ No. Q-25-01
City of Montebello
REQUEST FOR QUOTE (RFQ) No. Q-25-01
RELIEF VEHICLES
February 13, 2025
ONLINE QUOTE SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFQ are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
ATTACHMENT A
NOTICE TO OFFERORS
TO: Prospective Vendors
RE: Request for Quotes (RFQ) 25-01 Relief Vehicles
City of Montebello – Montebello Bus Lines (MBL) is requesting online quotes from all qualified vendors (Vendors) to engage a Vendor to perform the tasks as described in the RFQ. The quot e should include price, delivery date, and all information needed to understand and evaluate the quo te, as well as any exception from MBL specifications.
The award will be made based on price and length of delivery. Copies of MBL’s specifications for this work and standard terms & conditions are included with this packet and will become part of any purchase order/contract resulting from this solicitation.
For any clarifying questions regarding this RFQ, please submit them online through PlanetBids by Thursday, February 27, 2025, at 3:00 p.m. After the deadline, responses will be provided within one week. Please direct all inquiries to Mark Jimenez at [email protected].
Online quote for “Relief Vehicles” will be received until 3:00pm Pacific Standard Time, Thursday March 20, 2025, through PlanetBids. Quotes received after that time will not be considered. MBL reserves the right to accept or reject any quot e and to waive minor informalities or irregularities in the quote process
Mark Jimenez
Senior Management Analyst
[email protected]
(323) 558-1625 x 1105
REQUEST FOR QUOTE
400 S Taylor Ave, Montebello, CA 90640 Ph: (323)558-1625 x 1105
Vendor Commitment Date: _________________________
Vendor Signature: _________________________________
ISSUE DATE:
2/13/2025
QUOTE NUMBER:
RFQ 25-01
QUOTE DATE:
3/20/2025
Payment Terms Ship VIA F.O.B Freight Terms Need Date
Net 90 Best Way Montebello Bus Lines Prepaid
Unit Description Unit Price Extended Price
9 Relief Vehicles $ $
9 Document / E plate/ DMV Fees $ $
9 Tire Fee $ $
9 Delivery Fees $ $
9 Additional Charges or Fees (If Any) $ $
VENDOR
Company: ______________________________
Address: ______________________________
_______________________________________
Phone: ________________________________
E-Mail: ________________________________
SHIP TO
Company: Montebello Bus Lines
Contact: Mark Jimenez
Address: 400 S. Taylor Ave,
Montebello, CA, 90640
Phone: (323)558-1625 x 1105
E-Mail: Mjimenez@Montebelloca,gov
SPECIAL INSTRUCTION:
SEE EXHIBIT A – SCOPE OF
REQUIREMENTS
Sub Total $___________
Shipping: $___________
Tax (10.25%): $____________
Total: $______________
EXHIBIT A
SCOPE OF REQUIREMENTS
1. INTRODUCTION
The City of Montebello (City) is inviting quotes from qualified vendors for the procurement of nine (9) new “Relief Vehicles” for Montebello Bus Lines (MBL). These vehicles play a crucial role in supporting MBL operations, such as facilitating the relief of bus operators from their routes, operational purposes and transporting staff to various locations. This Request for Quotes (RFQ) aims to replace the current fleet of personnel transportation vehicles, ensuring MBL's continued efficiency and service reliability.
2. BACKGROUND
As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 4.5 million passengers annually throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
To provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities, the agency relies on the Maintenance Division to have the relevant equipment required to maintain and service MBL’s fleet.
3. PURPOSE
MBL is seeking to replace its Relief Vehicle Fleet with nine (9) 2025 Toyota Corolla LE Hybrid or newest model, or equivalent matching the following salient characteristics and specifications.
The vehicle must be new, free of damage and unrepaired. The awarded Bidder will be responsible for completing and filing with payment all related documents and forms including applying for EXEMPT LICENSE PLATES with the California Department of Motor Vehicles. Vehicles must be cleaned inside and out and delivered to 400 S Taylor Ave, Montebello, CA 90640. The vehicles will be subject to a pre-acceptance inspection.
4. TERMS
Net 90 Days: MBL plans to present this item and a related purchase order and/or agreement to the Montebello City Council in April or May 2025. If awarded, MBL will issue a check to the vendor within three weeks of the award date upon mutual completion of a purchase order. Therefore, quote s must remain valid, at a minimum, through June 30, 2025.
5. REQUIREMENTS
Deliverables
• Nine (9) total- 2025 Toyota Corolla LE Hybrid [or newest Toyota Corolla LE hybrid model], or hybrid equivalent matching the following salient characteristics and specifications.
• Delivered to: Montebello Bus Lines, 400 South Taylor Ave., Montebello, CA 90640
• Two (2) sets of keys per each vehicle.
• Owner’s Manual per each vehicle.
• 120 VAC Charging Cord per each vehicle (for hybrid model, typically used for charging accessories or maintaining auxiliary battery charge)
Vehicle Mechanical Specifications
• Engine: 1.8L 4-Cylinder Hybrid Engine with Atkinson Cycle • Electric Drive Motor: Hybrid Powertrain with Electric Motor Assist • Transmission: Continuously Variable Transmission (CVT) • Drive System: Front-Wheel Drive (FWD)
• Brakes: Four-Wheel Anti-Lock Disc Brakes with Regenerative Braking System • Suspension: Independent Suspension (Front and Rear)
• Traction Control System
• Lithium-Ion Hybrid Battery: 13.8 kWh, Battery Range 500 miles combined (with gas and electric power)
• Electric Power Steering
• Steering Column Tilt and Telescopic
• Fuel Economy: Estimated 53 MPG City / 52 MPG Highway / 52 MPG Combined
Vehicle Exterior Specifications
• Exterior Color: Super White (or Equal)
• Door Frame Molding: Color-matched to the body
• Bumpers: Upper Rear Body-Color, Lower Rear Self-Colored • Chrome Trim: Exterior chrome accents
• Door Handles: Body-Colored
• Rear Spoiler: Body-Colored
• Moldings: Rocker Panel Self-Colored
• Backup Lamps: LED
• LED Signature Lighting: Front and Rear
• LED Tail Lamps
• Tires: 15-inch alloy wheels with low-rolling resistance tires (Optional upgrade to 17- inch available)
• Windshield Wipers: Intermittent Front and Rear with variable speed control
Vehicle Interior/Comfort Specifications
• Interior Color: Ash (Light Gray) or Black, Fabric seat trim (or Equal) • Seat Adjustments: 6-way Manual Driver and Passenger Seat Adjustments • Rear Seats: 60/40 Split-Folding Rear Seats for added cargo space • Digital Speedometer and Instrumentation: 7-inch color TFT multi-information display
• Climate Control: Automatic Climate Control with Air Filter • Rear Heat Vents: Standard
• Driver’s Side Footrest
• Dual Illuminated Visor Vanity Mirrors
• Floor Console, Armrest, and Storage
• Power Windows: Express Down (Driver-side only)
• Windshield Solar Absorbing Glass
• Floor Mats: 1st and 2nd Row
• Illuminated Entry
• Map Lights
• Overhead Console
• Power Door-Locks: Remote Central Locking
• PowerPoints: 12V Power Outlet in Console, one (1)
• Rear Coat Hooks
• Audio: AM/FM, Apple CarPlay, Android Auto, SiriusXM, Bluetooth hands-free • Defogger: Rear Window Electric
• Premium Audio System: 6 speakers with a 7-inch touchscreen display
Vehicle Safety and Security Specifications
• Airbags: Driver Knee Airbag, Dual-Stage Front Airbags, Side Airbags, Side Curtain Airbags (Front and Rear)
• Toyota Safety Sense 2.5 (TSS 2.5): Includes Pre-Collision System with Pedestrian Detection, Lane Departure Alert with Steering Assist, Lane Tracing Assist, Road Sign Assist, Automatic High Beams
• Center High-Mounted Stop Lamp (CHMSL)
• Front-Passenger Sensing System
• Blind Spot Monitor with Rear Cross-Traffic Alert
• Backup Camera: Integrated with guidelines and parking assistance • Stability Control: Electronic Stability Control (ESC) and Traction Control • Anti-Theft System: Engine Immobilizer
• Tire Pressure Monitoring System (TPMS)
6. SUBMISSION
Quotes must be received no later than Thursday, March 20, 2025, at 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFQ. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. No exceptions will be granted regardless of reason or circumstances. Quote Submittals will be accepted only through PlanetBids.
The RFQ Submission shall include the following:
▪ Cover sheet stating the following:
· Company/Vendor Name
· Name of Representative
· Contact telephone and email
· Signature
· Title
· Date
▪ Request For Quote Documentations + Company Quote
▪ Images of Each Vehicle
▪ Buy America Document signed
If MBL determines a response to any such inquiry is warranted, the response will be issued to all prospective Vendors via: https://pbsystem.planetbids.com/portal/33072/portal-home
7. ANTICIPATED TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFQ Thursday February 13, 2025
Deadline to Submit Questions Thursday February 27, 2025, at 3:00 PM PST Responses to Questions Provided Thursday March 13, 2025 Deadline to Submit Quotes Thursday March 20, 2025 @ 3:00 PM PST Presentations & Intent to Award April 2025/May 2025
8. ADDENDA
Any changes made by MBL to the requirements in this RFQ will be made by written addenda.
Any written addenda issued to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFQ as the result of oral instructions. MBL reserves the right to revise or withdraw this RFQ at any time and for any reason.
9. TIME OF COMPLETION
The Purchase Order time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the RFQ. In case the services under the terms of these provisions and related purchase shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Vendor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between Vendor and MBL.
10. EVALUATION CRITERIA
The purchase order resulting from this RFQ will be awarded to the responsive bid by a responsible Vendor whose quote, offering the needed quality of supply and conforming to the requirements of this RFQ, at the lowest quote. No purchase order shall exist until the City Council, or the City Manager has awarded the purchase order and it has been mutually executed.
An Evaluation Committee comprised of MBL staff in accordance with the Quote Evaluation Criteria set forth in the Evaluation Criteria section of this RFQ will evaluate all the Quotes.
11. CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:
1. Reject any and/or all Quotes for no reason or any reason including but not limited to the following:
a. The Quote is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. c. The Vendor failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.
2. Reject any Quote that, in the opinion of the City, is so unbalanced in comparison to other Quotes received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
3. Accept all or any part of a Quote.
4. Cancel the entire RFQ.
5. Issues subsequent RFQs; or
6. Waive any errors or informalities in any Quote, to the extent permitted by law
12. JOINT OFFERS
Where two (2) or more Vendors desire to submit in response to this RFQ, they shall do so on a prime-sub-Vendor basis rather than as a joint venture. The City intends to award a single firm and not with multiple firms doing business as a joint venture. Any Quote submitted on behalf of any form of a joint venture or partnership between two (2) existing Vendors may be considered collusive and may be rejected as non-responsive.
13. SINGLE QUOTE RESPONSE
If only one Quote is received in response to this RFQ, a detailed cost/price Quote may be requested of the Vendor. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Vendor must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. TERM OF AGREEMENT
A. Delivery of the vehicles will be no later than June 30th, 2025.
B. Quotes provided by the Vendor should reflect the maximum cost and remain valid through, at a minimum, June 30, 2025 . The City may purchase the vehicles in phases, with all purchases being completed by June 30, 2025.
C. The City intends to use Federal Transit Administration (FTA) funds for vehicle purchases. As a result, the selected vendor must comply with all federal requirements outlined in Exhibit C. Additionally, Vendor must comply with all applicable provisions of the Buy American Act in Exhibit D. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
2. PACKING SLIPS
Packing slips must accompany each shipment unit (included with each package in shipment), showing MBL P.O. number, description, and part number for each item.
3. DELIVERY
Unless otherwise indicated on the face of the P.O., delivery shall be FOB destination unless otherwise specified by MBL. COD shipments will not be accepted. Unless otherwise provided in the P.O., Vendor shall have title to and bear the risk of any loss or damage to the goods ordered until they are delivered in conformity with the P.O. at the specified F.O.B. point. Upon such delivery, title shall pass from Vendor to MBL and Vendor’s responsibility for losses or damage shall cease, except for loss or damage occurring prior to or upon delivery, or loss or damage resulting from Vendor’s negligence or intentional acts. Passing of title upon such delivery shall not constitute acceptance of the goods and services by MBL.
4. WARRANTY
Vendor warrants that the good(s) provided under the P.O. comply with all specifications, are free of lines and encumbrances, and that workmanship, design, engineering and materials are free from defects. Equipment shall carry the manufacturers' most favorable commercial warranties. The warranty period shall begin from the date of final written acceptance of the item(s) by City. Vendor further warrants that all machinery, equipment, or process included in this RFQ will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. Vendor agrees to remedy by replacing or repairing any goods(s) that are damaged or defective during normal usage within the warranty period, at no additional cost to MBL. Such repair or replacement shall occur within a reasonable time frame and to the sati sfaction of MBL. Vendor agrees that by acceptance of this warranty and acceptance of the goods provided
by Vendor, MBL does not waive any warranty, either expressed or implied in Sections 2312-2317, inclusive, of the Commercial Code of the State of California or of the United States.
5. POINT OF CONTACT
This RFQ is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during the RFQ submission and procurement process.
Communication initiated by respondents to this RFQ with members of the City Council, officers, personnel, or employees of the city, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiry or request during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Montebello Transportation Department
Attention: Mark Jimenez
Senior Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 1105
Email: [email protected]
6. FEDERAL, STATE AND LOCAL LAWS
All goods or services furnished pursuant to the P.O. shall comply with all applicable federal, state and local laws and regulations.
7. GOVERNING LAW
The P.O. shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.
8. PATENT PROTECTION
To the extent the goods are not manufactured pursuant to design originated by MBL, Vendor agrees it will indemnify and hold MBL and its officers, agents, and employees harmless from any loss, damage or liability which may be incurred on account of any alleged infringement of any United States patent with respect to such articles or materials, and that it will, at its own expense, d efend any action, suit or claim in which such infringement is alleged. MBL agrees to notify Vendor promptly of any suit or claim against MBL for any alleged infringement of patent.
9. INDEMNIFICATION
The Vendor shall indemnify, keep and save harmless MBL, its agents, officials and employees from any and all claims, actions, losses, damages, and/or liability arising out of the goods or performance of the purchase order from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by MBL on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Vendor’s indemnification obligation applies to MBL’s "active" as well as "passive" negligence
but does not apply to MBL’s "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782.
10. INSURANCE
If Vendor is providing services to MBL, Vendor shall maintain workers’ compensation insurance in accordance with state requirements. Also all vendors shall also maintain commercial general liability insurance, including automobile liability insurance, in the amount of at least $2,000,000 per c laim. MBL reserves the right to require submittal of a certificate of insurance naming the MBL, its directors, officers, employees and agents as additional insureds. In addition, Vendor shall maintain professional liability insurance if applicable.
Vendor shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped goods.
11. FORCE MAJEURE
Vendor will not be held liable for failure of delay in fulfillment if hindered or prevented by act of God, fire, strike, loss or shortage of transportation facilities, lock-out, commandeering of materials, products, plants or facilities by government that are not reasonably foreseeable.
12. ACKNOWLEDGMENT
By delivery of the goods or services purchased herein, the Vendor agrees to all the terms and conditions herein.
13. TERMINATION
MBL may terminate the P.O. in whole or in part for MBL’s convenience or because of the failure of the Vendor to fulfill the purchase order obligation. MBL shall terminate by specifying the nature, extent, and effective date of the termination.
Upon receipt of the notice, the Vendor shall: (a) immediately discontinue all services affected and (b) deliver to MBL all data, drawings, specifications, reports, estimates, summaries and other information and materials accumulated in performing this purchase, whether completed or in process. If the termination is for the convenience of MBL, MBL shall make an equitable adjustment in the P.O., but shall not allow anticipated profit on unperformed services.
EXHIBIT C
FTA CLAUSES, TERMS AND CONDITIONS
1 Incorporation of FTA Terms
The following provisions include, in part, certain Standard Terms and RFQ 25-01 Support Vehicles Conditions required by the Federal Transit Administration (FTA), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FTA, as set forth in FTA Circular 4220.1 and in accordance with the FTA federal clauses as outlined in the Master Agreement hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this P.O. The Vendor shall not perform any act, fail to perform any act, or refuse to comply with any MBL requests which would cause MBL to be in violation of the FTA terms and conditions.
PLEASE REFER TO ATTACHMENT A OF THIS PACKAGE ON PLANETBIDS
EXHIBIT D
BUY AMERICA CERTIFICATION
This procurement is subject to the Federal Transit Administration Buy America Requirements in 49 CFR 661.
A Buy America Certificate, as per attached format, must be completed and submitted with the bid.
A bid, which does not include the certificate, will be considered non -responsive. If steel, iron, or manufactured products (as defined in §§ 661.3 and 661.5 of this part) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each Bidder or Offeror in accordance with the requirement contained in §661.13(b) of this part.
Certificate of Compliance with Buy America Requirements The Bidder or Offeror hereby certifies that it will comply with the requirements of 49 U.S.C.5323(j)(1), and the applicable regulations in 49 CFR part 661.
Date: ______________________________________
Signature: ______________________________________
Company: ______________________________________
Name: ______________________________________
Title: ________________________________
Certificate of Non-Compliance with Buy America Requirements The Bidder or Offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.
Date: _________________________________________
Signature: ______________________________________
Company: ______________________________________
Name: _________________________________________
Title: ___________________________________________
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Table of Contents
ACCESS TO RECORDS AND REPORTS ............................................................................................... 3 AMERICANS WITH DISABILITIES ACT (ADA)..................................................................................... 3 BUY AMERICA REQUIREMENTS ....................................................................................................... 4 CARGO PREFERENCE REQUIREMENTS ............................................................................................ 4 CHANGES TO FEDERAL REQUIREMENTS ......................................................................................... 5 CHARTER SERVICE ........................................................................................................................... 5 CIVIL RIGHTS LAWS AND REGULATIONS ......................................................................................... 6 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ............................................... 8 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ............................................................ ..9 DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT ............................................................. 10 DEBARMENT AND SUSPENSION .................................................................................................... 11 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................................... 11 ENERGY CONSERVATION ............................................................................................................... 12 EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................... 12 FLY AMERICA ................................................................................................................................. 14 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .................................... 14 NO GOVERNMENT OBLIGATION TO THIRD PARTIES ..................................................................... 15 NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS ................................................................................ 15 PATENT RIGHTS AND RIGHTS IN DATA .......................................................................................... 16 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES ............................... 17 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ................... 18
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. .................................................................................................................................. 18 PROMPT PAYMENT ....................................................................................................................... 20 RESTRICTIONS ON LOBBYING ........................................................................................................ 20 SAFE OPERATION OF MOTOR VEHICLES ....................................................................................... 23 FEDERAL CLAUSES ........................................................................................................................... 3
ATTACHMENT A
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SIMPLIFIED ACQUISITION THRESHOLD ..........................................................................................23 SOLID WASTES (RECOVERED MATERIALS) .....................................................................................23 SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS ...........................................................25 SUBSTANCE ABUSE REQUIREMENTS ..............................................................................................27 TERMINATION ................................................................................................................................27 VETERANS HIRING PREFERENCE.....................................................................................................31 VIOLATION AND BREACH OF CONTRACT ....................................................................................... 32 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS ........................................................35 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS……………………………………………………33 SEVERABILITY ..................................................................................................................................33 TRAFFICKING IN PERSONS ..............................................................................................................34 OTHER RECOMMENDED CONTRACT REQUIREMENTS ................................................................... 33
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FEDERAL CLAUSES
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
AMERICANS WITH DISABILITIES ACT (ADA)
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
ACCESS TO RECORDS AND REPORTS
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BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.
Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica
CARGO PREFERENCE REQUIREMENTS
The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United
5 Sept-24
States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.
b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
CHANGES TO FEDERAL REQUIREMENTS
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.
CHARTER SERVICE (N/A)
The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that Recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
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1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply.
The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.
CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts.
The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.
3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity
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Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.
4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
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3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees 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 FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:
Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
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exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II. c. Under 40 U.S.C. § 3702, 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.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
Compliance with the Contract Work Hours and Safety Standards Act.
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(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act.
Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing
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wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 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 Contractor is 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.
DEBARMENT AND SUSPENSION
Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide 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 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “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. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:
(1) Complies with federal debarment and suspension requirements; and
(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:
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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).
Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
ENERGY CONSERVATION
The contractor agrees to comply with 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 (42 U.S.C.§ 6201).
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has
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inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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FLY AMERICA
a) Definitions. As used in this clause—
1) “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C.
Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencys, and others use U.S.-flag air carriers for U.S.
Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions.
All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR §
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1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION
RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a
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false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.
PATENT RIGHTS AND RIGHTS IN DATA
Intellectual Property Rights
This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the Agency intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 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 FTA or U.S. DOT.
The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions:
Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution.
For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract.
Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.
1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes,” any subject data or copyright described below. For “Federal
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Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.
a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and
b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA.
2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.
3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall not be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work.
6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.
PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES
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The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre- award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
1) Procure or obtain covered telecommunications equipment or services; 2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or
3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
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(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;
(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section.
The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.
(f) For additional information, see section 889 of Public Law 115-232 and§ 200.471.
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PROMPT PAYMENT
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.
The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.
RESTRICTIONS ON LOBBYING
Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
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Certification and disclosure.
(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000,
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Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above. (e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded.
Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code.
(g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.
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SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.
SIMPLIFIED ACQUISITION THRESHOLD
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).
SOLID WASTES (RECOVERED MATERIALS)
(a) A Recipient or subrecipient 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 of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 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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(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.
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SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments
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under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information
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as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
SUBSTANCE ABUSE REQUIREMENTS
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency, or Agency, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with part 655 and to submit the Management Information System (MIS) reports to the Agency.
TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor.
If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs.
Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the
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contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms,
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covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
Termination for Convenience (Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
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was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work.
The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if:
1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include:
acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this contract.
3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency.
Termination for Convenience or Default (Architect and Engineering) The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials.
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If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency.
Termination for Convenience or Default (Cost-Type Contracts) The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of Agency, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
VETERANS HIRING PREFERENCE
Veterans Employment - Construction contracts of Federal financial assistance shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
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VIOLATION AND BREACH OF CONTRACT
Disputes:
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute:
Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved.
Claims for Damages:
Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Remedies:
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.
Rights and Remedies:
Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
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OTHER RECOMMENDED CONTRACT REQUIREMENTS
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
(1) The contractor certifies that it:
(a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA’s written approval.
(2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.
SEVERABILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
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TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient’s Award, may not:
(a) Engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect;
(b) Procure a commercial sex act during the period of time that the Recipient’s Award is in effect; or
(c) Use forced labor in the performance of the Recipient’s Award or subagreements thereunder.
ITEM # 22
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: APPROVAL OF EMERGENCY PROCUREMENT OF PUBLIC SAFETY
RADIO COMMUNICATION'S BACK-UP GENERATOR
DATE: February 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the emergency procurement of a public safety radio communication's back-up generator; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total cost of this emergency back-up generator purchase was $153,385 (Attachment A), charged to Account No. 600-90-900-6010.10 (Transit-Transportation, Transit Administration, Machinery & Equipments-Machinery & Equipment). This expenditure was made under the emergency purchasing authority per Montebello Municipal Code Section
3.20.050(A).
The emergency purchase was required due to the urgent need to restore and maintain critical public safety communication infrastructure. The City intends to seek reimbursement for this expense as part of the emergency proclamation declared by Governor Newsom and the Major Disaster Declaration approved by President Biden. If reimbursement is approved, it will offset the cost to the City. No budget amendment is needed as part of the approval actions for this purchase.
BACKGROUND/DISCUSSION:
During the January 2025 Los Angeles County Fires and Wind event, the City of
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025
Montebello experienced power outages that impacted critical infrastructure, including the Prime Communications Site located at 1300 N. Montebello Boulevard, Montebello. This communications site serves as the primary communication hub for various city departments, including Police, Fire, and Transportation. Additionally, the City of Montebello provides access to this essential radio system for neighboring cities, including Downey, Vernon, Whittier, South Gate, Bell Gardens, and Huntington Park.
The radio site was initially placed on backup power following the primary outage.
However, a subsequent failure of the backup generator resulted in a temporary loss of radio communication services. Recognizing the urgent need for a reliable power source, the City Manager exercised emergency purchasing authority(Montebello Municipal Code Section 3.20.050(A)) to acquire a new portable generator to ensure continuous communication capabilities.
On January 7, 2025, Governor Newsom issued an Emergency Proclamation due to the Los Angeles County Fires and Windstorm Event. Additionally, on January 8, 2025, President Biden approved a Major Disaster Declaration. As part of the emergency response efforts, the City issued a Purchase Order on January 13, 2025 for the acquisition of the radio communications back-up generator. The City will be seeking future reimbursement for this generator as part of the emergency proclamation.
ENVIRONMENTAL:
The purchased generator complies with Tier 4 emissions standards, which are the most stringent regulations set by the Environmental Protection Agency (EPA) for diesel engines. These standards significantly reduce particulate matter and nitrogen oxide emissions, contributing to improved air quality. Additionally, the generator is designed for high efficiency, minimizing fuel consumption and overall environmental impact. Proper installation and maintenance will ensure compliance with all local, state, and federal environmental regulations.
ANALYSIS:
To address the generator failure and prevent future communication disruptions, the City procured a 150kv Cummings Tier 4 Diesel Generator equipped with a 4 Position Voltage Switch and a set of Camlock Cables with Pig Tails. This purchase was made from Unlimited Power Solutions in Eastvale, CA, for a total cost of $153,385 (Attachment A).
The emergency purchase was necessary to maintain the operational integrity of the City's emergency communications network and ensure uninterrupted service for all Montebello personnel and partner cities relying on the radio communication system.
SUMMARY:
In response to the power outages during the January 2025 Los Angeles County Fires and Wind Event and the failure of the existing backup generator, the City Manager authorized an emergency purchase of a 150kv Cummings Tier 4 Diesel Generator from Unlimited Power Solutions in the amount of $153,385 (Attachment A) under the authority of MMC Section 3.20.050(A). This acquisition ensures the continued operation of the
CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025
Prime Communications site, which is critical for the City's emergency response and inter- agency communications. Staff recommends that the City Council receive and file this report regarding the City Manager’s emergency purchase.
ATTACHMENT(S)
1. Attachment A - PO and Quote for Generator
ATTACHMENT A
ITEM # 23
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-15 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 12, 2025
RESOLUTION NO. 25-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO
APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1587, consisting of 11 pages, and including:
Warrant No.
General: Check No. 605863 through 606097
ACH No. 7853 through 7976
Successor Agency: Check No. 1529 through 1529
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 12th DAY OF FEBURARY 2025.
_______________________________
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez -Glasman, City Attorney
RESOLUTION NO. 25-15
• 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. 25-15 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 12th day of February 2025 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
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
7853 01/16/2025 $17.60 SUPPLIES 3163 BANK OF AMERICA
7854 01/16/2025 $3,029.62 SUPPLIES 3163 BANK OF AMERICA 7855 01/16/2025 $4,672.28 TRAINING 3163 BANK OF AMERICA 7856 01/16/2025 $67.92 SUPPLIES 3163 BANK OF AMERICA
7857 01/16/2025 $1,499.68 SUPPLIES 3163 BANK OF AMERICA 7858 01/16/2025 $612.64 SUPPLIES 3163 BANK OF AMERICA
7859 01/16/2025 $228.05 SUPPLIES 3163 BANK OF AMERICA
7860 01/16/2025 $1,440.00 RETIREMENT 3730 AT RETIREMENT SERVICES LLC 7861 01/16/2025 $2,400.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 7862 01/16/2025 $8,617.57 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7863 01/16/2025 $360.00 CONTRACT SERVICES 2365 LETICIA TORRES 7864 01/16/2025 $3,884.11 CONTRACT SERVICES 35980 SAEED RADMEHR 7865 01/16/2025 $30.00 CARPOOL INCENTIVE 4827 RIJUL BHASKAR 7866 01/16/2025 $820.11 UNIFORM EXPENSE 4869 DARTAGNAN CHAVEZ-ESPARZA 7867 01/16/2025 $92.48 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 7868 01/16/2025 $122.69 SUPPLIES 70920 DECALS BY DESIGN INC 7869 01/16/2025 $145.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ DBA RAPID LEGAL CENTER 7870 01/16/2025 $76,583.19 FUEL INVENTORY 962 MO DION & SONS INC 7871 01/16/2025 $1,036.48 CONTRACT SERVICES 3982 EVERNORTH CARE SOLUTIONS, INC. 7872 01/16/2025 $74.88 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 7873 01/16/2025 $13,544.96 CONTRACT SERVICES 2793 IBE DIGITAL 7874 01/16/2025 $2,807.53 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 7875 01/16/2025 $632.39 UNIFORM EXPENSE 4868 MICHAEL JACOVIDES 7876 01/16/2025 $1,500.00 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 7877 01/16/2025 $849.79 UNIFORM EXPENSE 4872 GARRETT MURAKAMI 7878 01/16/2025 $853.00 CONTRACT SERVICES 19250 N/S CORPORATION 7879 01/16/2025 $462.00 CONTRACT SERVICES 53120 NATIONAL CONSTRUCTION RENTALS 7880 01/16/2025 $48,643.92 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 7881 01/16/2025 $42,048.00 CONTRACT SERVICES 42180 PCAM LLC DBA PARKING COMPANY OF AMERICA 7882 01/16/2025 $704.96 TRAVEL & MEETINGS 3114 SCARLET PERALTA 7883 01/16/2025 $560.76 SUPPLIES 1120 BLUETRITON BRANDS INC 7884 01/16/2025 $825.11 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7885 01/16/2025 $15,738.00 CONTRACT SERVICES 3602 THE PUN GROUP LLP 7886 01/16/2025 $41,170.72 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
7887 01/16/2025 $396.44 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 7888 01/16/2025 $2,670.08 SUPPLIES 3088 WAXIE SANITARY SUPPLY 7889 01/16/2025 $179.45 CONTRACT SERVICES 3140 WEX HEALTH INC 7890 01/16/2025 $1,189.82 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS 7891 01/16/2025 $22.05 SUPPLIES 2345 COMMERCE HOSE & INDUSTRIAL PRODUCTS 7892 01/23/2025 $112.67 SUPPLIES 3163 BANK OF AMERICA
7893 01/23/2025 $308.66 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 7894 01/23/2025 $204.38 SUPPLIES 3163 BANK OF AMERICA
7895 01/23/2025 $430.04 SUPPLIES 3163 BANK OF AMERICA
7896 01/23/2025 $893.96 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7897 01/23/2025 $4,522.11 TRAVEL & MEETINGS 3163 BANK OF AMERICA 7898 01/23/2025 $1,481.68 SUPPLIES 3163 BANK OF AMERICA 7899 01/23/2025 $1,767.13 CONTRACT SERVICES 3163 BANK OF AMERICA 7900 01/23/2025 $828.15 SUPPLIES 3163 BANK OF AMERICA
7901 01/23/2025 $978.12 CONTRACT SERVICES 3163 BANK OF AMERICA 7902 01/23/2025 $1,468.03 SUPPLIES 3163 BANK OF AMERICA 7903 01/23/2025 $291.95 SUPPLIES 3163 BANK OF AMERICA
7904 01/23/2025 $3,135.00 CONTRACT SERVICES 4510 112 SOUTH EUCALYPTUS AVE LLC 7905 01/23/2025 $615.80 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 7906 01/23/2025 $5,182.12 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7907 01/23/2025 $11,534.50 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 7908 01/23/2025 $40.00 CARPOOL INCENTIVE 289 ANDREA ANDRADE 7909 01/23/2025 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 7910 01/23/2025 $2,654.65 UTILITY SERVICES 40970 ARAKELIAN ENTERPRISES 7911 01/23/2025 $40.00 CARPOOL INCENTIVE 4827 RIJUL BHASKAR 7912 01/23/2025 $3,867.50 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 7913 01/23/2025 $4,959.20 MACHINERY & EQUIPMENTS 4617 CDCE INC 7914 01/23/2025 $515.09 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 7915 01/23/2025 $502.31 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 7916 01/23/2025 $46.38 SUPPLIES 70920 DECALS BY DESIGN INC 7917 01/23/2025 $5,681.56 FUEL 962 MO DION & SONS INC
7918 01/23/2025 $1,055.76 CONTRACT SERVICES 3982 EVERNORTH CARE SOLUTIONS, INC. 7919 01/23/2025 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 7920 01/23/2025 $40.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 7921 01/23/2025 $600.00 CONTRACT SERVICES 2956 GLADWELL GOVERNMENTAL SERVICES INC 7922 01/23/2025 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
7923 01/23/2025 $40.00 CARPOOL INCENTIVE 3681 LIZETTE GUERRERO 7924 01/23/2025 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 7925 01/23/2025 $40.00 CARPOOL INCENTIVE 48610 CRYSTAL JAIMEZ 7926 01/23/2025 $2,358.78 CONTRACT SERVICES 1612 JCL TRAFFIC SERVICES 7927 01/23/2025 $916.30 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7928 01/23/2025 $3,900.00 CONTRACT SERVICES 4479 KAT CONSULTING SERVICES LLC 7929 01/23/2025 $4,677.59 SUPPLIES 26670 LIFE-ASSIST INC 7930 01/23/2025 $40.00 CARPOOL INCENTIVE 4439 DANESSA DANETTE LLANES 7931 01/23/2025 $240.00 CARPOOL INCENTIVE 4789 CESAR LOPEZ 7932 01/23/2025 $215.80 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 7933 01/23/2025 $2,800.00 CONTRACT SERVICES 1585 DR ANGELICA LOZA-GOMEZ MD PC 7934 01/23/2025 $26,472.50 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 7935 01/23/2025 $6,422.80 ADVERTISING/PRINTING SERVICES 4162 MCGREGOR SHOTT, INC. 7936 01/23/2025 $40.00 CARPOOL INCENTIVE 4580 JEREMY MELENDEZ 7937 01/23/2025 $219.60 CONTRACT SERVICES 53120 NATIONAL CONSTRUCTION RENTALS 7938 01/23/2025 $100,338.55 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 7939 01/23/2025 $40.00 CARPOOL INCENTIVE 2203 SAMANTHA NEVAREZ 7940 01/23/2025 $40.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 7941 01/23/2025 $40.00 CARPOOL INCENTIVE 4429 ELISEO RAMOS 7942 01/23/2025 $40.00 CARPOOL INCENTIVE 3712 MATTHEW ROBERT RAMOS 7943 01/23/2025 $126.93 SUPPLIES 1120 BLUETRITON BRANDS INC 7944 01/23/2025 $30.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 7945 01/23/2025 $1,982.09 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 7946 01/23/2025 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 7947 01/23/2025 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 7948 01/23/2025 $78.69 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 7949 01/23/2025 $40.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA 7950 01/23/2025 $278.52 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7951 01/23/2025 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 7952 01/23/2025 $40.00 CARPOOL INCENTIVE 1091 JANELLE TORRES 7953 01/30/2025 $25,915.00 CDBG - ADMINISTRATION 38010 ADVANCED AVANT-GARDE CORPORATION 7954 01/30/2025 $2,239.00 VEHICLE MAINTENANCE/EXPENSES 269 ADVANCED ELECTRONICS SOLUTIONS INC 7955 01/30/2025 $4,197.72 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7956 01/30/2025 $35,788.64 CONTRACT SERVICES 3016 ANTARES GOLF LLC 7957 01/30/2025 $208.13 CONTRACT SERVICES 74870 AVAIL TECHNOLOGIES INC 7958 01/30/2025 $1,169.28 SUPPLIES 70920 DECALS BY DESIGN INC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
7959 01/30/2025 $34,975.02 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 7960 01/30/2025 $3,021.15 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 7961 01/30/2025 $4,358.75 CONTRACT SERVICES 46870 HDL COREN & CONE 7962 01/30/2025 $9,854.91 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 7963 01/30/2025 $54.15 CONTRACT SERVICES 1612 JCL TRAFFIC SERVICES 7964 01/30/2025 $332.84 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7965 01/30/2025 $1,500.00 EDUCATION REIMBURSEMENT 31360 DAVID J KIM 7966 01/30/2025 $1,725.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 7967 01/30/2025 $43,868.23 CONTRACT SERVICES 3489 MARK THOMAS & COMPANY INC 7968 01/30/2025 $25,395.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 7969 01/30/2025 $22.09 SUPPLIES 479 MCMASTER-CARR SUPPLY COMPANY 7970 01/30/2025 $4,551.60 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 7971 01/30/2025 $500.00 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 7972 01/30/2025 $1,500.00 EDUCATION REIMBURSEMENT 3610 SARBJEET SINGH 7973 01/30/2025 $996.90 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7974 01/30/2025 $57,906.00 CONTRACT SERVICES 4256 VERDANT LANDSCAPING, INC. 7975 01/30/2025 $7,223.93 SUPPLIES 3088 WAXIE SANITARY SUPPLY 7976 01/30/2025 $400.00 CONTRACT SERVICES 328 WRITER ANNE COMMUNICATIONS ACH TOTAL $753,731.52
605863 01/13/2025 $153,385.31 MACHINERY & EQUIPMENTS 3941 UNLIMITED POWER SOLUTIONS 605864 01/16/2025 $14,112.00 MACHINERY & EQUIPMENTS 3784 CPACINC.COM 605865 01/16/2025 $40.00 CARPOOL INCENTIVE 4159 ROBERT FIERRO 605866 01/16/2025 $30.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 605867 01/16/2025 $30.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 605868 01/16/2025 $30.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 605869 01/16/2025 $40.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 605870 01/16/2025 $1,437,328.86 CONTRACT SERVICES 23460 MOTOROLA SOLUTIONS INC 605871 01/16/2025 $1,100.00 EDUCATION REIMBURSEMENT 4480 MATTHEW ORTEGA 605872 01/16/2025 $2,076.32 SUPPLIES 4804 10K SUPPLY LLC 605873 01/16/2025 $16,596.50 CONTRACT SERVICES 3983 A-N-W CONSTRUCTION INC 605874 01/16/2025 $76,856.01 CONTRACT SERVICES 4776 ADMINSURE INC 605875 01/16/2025 $4,166.66 CONTRACT SERVICES 3557 ADVOCATE INC 605876 01/16/2025 $2,308.84 UTILITY SERVICES 39550 AT&T 605877 01/16/2025 $6,238.61 UTILITY SERVICES 39550 AT&T
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
605878 01/16/2025 $41.67 UTILITY SERVICES 39550 AT&T
605879 01/16/2025 $447.30 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 605880 01/16/2025 $3,390.20 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 605881 01/16/2025 $400.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 605882 01/16/2025 $4,673.24 CONTRACT SERVICES 4854 BIOCONNECT INC 605883 01/16/2025 $398.00 TRAINING 1285 LIFELINE TRAINING 605884 01/16/2025 $675.00 PERMITS AND FEES 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DOSS 605885 01/16/2025 $4,845.00 SALES TAX LIABILITY 2307 CALIF DEPT OF TAX AND FEE ADMINISTRATION 605886 01/16/2025 $10,248.62 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 605887 01/16/2025 $2,711.04 MACHINERY & EQUIPMENTS 4359 CARSON TRAILER NC 605888 01/16/2025 $7,133.19 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 605889 01/16/2025 $3,211.09 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 605890 01/16/2025 $611.00 GENERAL GOVERNMENT 4866 CHING HAMILTON 605891 01/16/2025 $461.65 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 605892 01/16/2025 $25.13 UTILITY SERVICES 36610 CITY OF PICO RIVERA 605893 01/16/2025 $13,213.51 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 605894 01/16/2025 $4,339.73 CONTRACT SERVICES 4468 COLLICUTT ENERGY SERVICES INC 605895 01/16/2025 $688.00 MACHINERY & EQUIPMENTS 4174 COSTAR REALTY INFORMATION INC 605896 01/16/2025 $9,713.03 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 605897 01/16/2025 $1,116.14 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 605898 01/16/2025 $1,600.00 CONTRACT SERVICES 4420 DF POLYGRAPH 605899 01/16/2025 $1,571.50 SUPPLIES 1252 EVIDENT INC
605900 01/16/2025 $30.75 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 605901 01/16/2025 $395.40 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 605902 01/16/2025 $12,433.59 CONTRACT SERVICES 2827 FOUR STAR INVESTIGATIONS LLC 605903 01/16/2025 $3,043.28 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 605904 01/16/2025 $45.07 MAIL/ POSTAL EXPENSE 3167 GLS US 605905 01/16/2025 $1,979.79 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 605906 01/16/2025 $4,387.94 CONTRACT SERVICES 993 IVA SOLUTIONS INC 605907 01/16/2025 $3,200.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS DBA TRAVIS INVESTIGATIONS 605908 01/16/2025 $31,721.93 CONTRACT SERVICES 3716 KOA CORPORATION 605909 01/16/2025 $541,000.00 SETTLEMENTS 4840 LEILA AL FAIZ AT LAW 605910 01/16/2025 $1,638.21 MAIL/ POSTAL EXPENSE 58760 COUNTY OF LOS ANGELES 605911 01/16/2025 $15,712.50 DUE TO LA COUNTY 692 LOS ANGELES COUNTY SUPERIOR COURT 605912 01/16/2025 $29,546.42 AFLAC OTHER 4336 METROPOLITAN LIFE INSURANCE COMPANY 605913 01/16/2025 $2,038.52 SUPPLIES 4121 MILSPEC INDUSTRIES
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
605914 01/16/2025 $561.33 VEHICLE MAINTENANCE/EXPENSES 1461 MODEL 1 COMMERCIAL VEHICLES INC 605915 01/16/2025 $1,401.06 VEHICLE MAINTENANCE/EXPENSES 7110 MOHAWK MFG & SUPPLY CO 605916 01/16/2025 $8,991.34 CONTRACT SERVICES 1073 MONJARAS & WISMEYER GROUP INC 605917 01/16/2025 $250.00 GENERAL GOVERNMENT 4867 JUAN MUNOZ 605918 01/16/2025 $2,336.44 SUPPLIES 2480 SOCAL AUTO & TRUCK PARTS INC 605919 01/16/2025 $375.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 605920 01/16/2025 $219.37 SUPPLIES 15620 OFFICE DEPOT INC 605921 01/16/2025 $600.00 CONTRACT SERVICES 3896 ROBERT J ORTIZ 605922 01/16/2025 $929.68 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 605923 01/16/2025 $220.00 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 605924 01/16/2025 $300.00 CONTRACT SERVICES 1681 JAIME RODRIGUEZ 605925 01/16/2025 $4,432.35 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 605926 01/16/2025 $1,385.00 CONTRACT SERVICES 4173 SHIELD PEST MANAGEMENT LLC 605927 01/16/2025 $6,917.01 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 605928 01/16/2025 $106,355.39 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 605929 01/16/2025 $354.00 CONTRACTORS 1367 SUNRUN INSTALLATION SERVICES INC 605930 01/16/2025 $1,623.00 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 605931 01/16/2025 $5,358.15 SUPPLIES 2573 TELEFLEX LLC
605932 01/16/2025 $646.55 MACHINERY & EQUIPMENTS 13580 TENNANT SALES AND SERVICE CO 605933 01/16/2025 $11,968.64 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 605934 01/16/2025 $7,030.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 605935 01/16/2025 $3,300.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 605936 01/16/2025 $384.11 SUPPLIES 3110 TOMAS ALVARADO
605937 01/16/2025 $3,804.00 CONTRACT SERVICES 4356 TRUVIEW BSI, LLC 605938 01/16/2025 $1,038.79 SUPPLIES 45120 ULINE INC
605939 01/16/2025 $62,921.10 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 605940 01/16/2025 $2,298.57 UTILITY SERVICES 72570 US TELEPACIFIC CORP 605941 01/16/2025 $3,301.99 VEHICLE MAINTENANCE/EXPENSES 3450 VALLEY POWER SYSTEMS INC 605942 01/16/2025 $1,153.79 CONTRACT SERVICES 19070 WALTERS WHOLESALE ELECTRIC CO 605943 01/16/2025 $1,173.04 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 605944 01/16/2025 $202.00 CONTRACT SERVICES 3006 ASBURY ENVIRONMENTAL SERVICES 605945 01/16/2025 $12,120.17 ADVERTISING/PRINTING SERVICES 61850 X-IGENT PRINTING INC 605946 01/16/2025 $1,982.00 PERMITS AND FEES 4874 SESAC PERFORMING RIGHTS LLC 605947 01/23/2025 $250.00 GENERAL GOVERNMENT 4849 VIA CORONA CONGREGATION OF JEHOVAH WITNESS 605948 01/23/2025 $690.08 SUPPLIES 4804 10K SUPPLY LLC
605949 01/23/2025 $7,665.92 CONTRACT SERVICES 4773 A&D SIGNS CORP
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
605950 01/23/2025 $4,290.00 CONTRACT SERVICES 4310 AIMTD LLC 605951 01/23/2025 $600.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605952 01/23/2025 $1,595.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605953 01/23/2025 $795.00 CONTRACT SERVICES 4409 AKEBIA INVESTMENTS LLC 605954 01/23/2025 $594.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 605955 01/23/2025 $397.66 UTILITY SERVICES 39550 AT&T
605956 01/23/2025 $59.03 UTILITY SERVICES 1732 AT&T CORP 605957 01/23/2025 $200.00 TRAVEL & MEETINGS 4875 MONICA BROWN 605958 01/23/2025 $675.00 PERMITS AND FEES 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DOSS 605959 01/23/2025 $984.11 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 605960 01/23/2025 $17,647.47 MACHINERY & EQUIPMENTS 913 CARAHSOFT TECHNOLOGY CORPORATION 605961 01/23/2025 $589.00 CONTRACT SERVICES 40850 MARIA E CASAS 605962 01/23/2025 $400.00 CONTRACT SERVICES 4481 CENTURY CITYVIEW LP 605963 01/23/2025 $2,200.00 CONTRACT SERVICES 3644 GRACE CHANG 605964 01/23/2025 $945.00 CONTRACT SERVICES 3644 GRACE CHANG 605965 01/23/2025 $1,800.00 CONTRACT SERVICES 3644 GRACE CHANG 605966 01/23/2025 $125.23 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 605967 01/23/2025 $460.36 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 605968 01/23/2025 $5,361.57 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 605969 01/23/2025 $2,106.28 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 605970 01/23/2025 $1,963.35 CONTRACT SERVICES 4468 COLLICUTT ENERGY SERVICES INC 605971 01/23/2025 $1,981.84 MACHINERY & EQUIPMENTS 4785 COMPUTER & PERIPHERALS GROUP, INC 605972 01/23/2025 $1,380.00 CONTRACT SERVICES 4806 CSCDA COMMUNITY IMPROVEMENT AUTHORITY 605973 01/23/2025 $1,060.29 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 605974 01/23/2025 $9,999.79 UNIFORM EXPENSE 4717 D'ALESIO INC 605975 01/23/2025 $3,064.69 VEHICLE MAINTENANCE/EXPENSES 990 DANIELS TIRE SERVICE 605976 01/23/2025 $53,140.50 CONTRACT SERVICES 1855 DARKTRACE LIMITED 605977 01/23/2025 $114.97 UTILITY SERVICES 4829 DISH NETWORK LLC 605978 01/23/2025 $1,000.00 CONTRACT SERVICES 4509 ELATA INVESTMENTS LLC 605979 01/23/2025 $124,886.80 IMPROVEMENTS OTHER THAN BUILDING 4822 ESTATE DESIGN AND CONSTRUCTION INC 605980 01/23/2025 $1,136.05 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 605981 01/23/2025 $240.00 CARPOOL INCENTIVE 4159 ROBERT FIERRO 605982 01/23/2025 $285.68 SUPPLIES 3240 FOUNDATION BUILDING MATERIALS 605983 01/23/2025 $1,050.00 CONTRACT SERVICES 4834 FPR LOZA LLC 605984 01/23/2025 $2,700.16 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 605985 01/23/2025 $144.00 ADVERTISING/PRINTING SERVICES 3167 GLS US
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
605986 01/23/2025 $547.65 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 605987 01/23/2025 $1,040.48 SUPPLIES 2059 HASA INC
605988 01/23/2025 $2,097.50 CONTRACT SERVICES 4550 HOWROYD-WRIGHT EMPLOYMENT AGENCY INC 605989 01/23/2025 $331.79 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 605990 01/23/2025 $9,562.89 VEHICLE MAINTENANCE/EXPENSES 4100 I & R AUTO BODY & PAINT 605991 01/23/2025 $17,280.00 CONTRACT SERVICES 4525 INFRASTRUCUTRE ENGINEERS, A BOWMAN COMPANY 605992 01/23/2025 $1,774.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 605993 01/23/2025 $2,008.00 CONTRACT SERVICES 3716 KOA CORPORATION 605994 01/23/2025 $96.00 UTILITY SERVICES 1627 MARCOM COMMUNICATIONS SYSTEMS 605995 01/23/2025 $14,161.00 CONTRACT SERVICES 1902 MATRIX CONSULTING GROUP LTD 605996 01/23/2025 $489.54 TRAVEL & MEETINGS 2316 SALVADOR MELENDEZ 605997 01/23/2025 $432.00 UNIFORM EXPENSE 4877 DAVE MORGAN 605998 01/23/2025 $89,588.13 MACHINERY & EQUIPMENTS 23460 MOTOROLA SOLUTIONS INC 605999 01/23/2025 $57,462.24 MACHINERY & EQUIPMENTS 450 MUNICIPAL EMERGENCY SERVICES INC. 606000 01/23/2025 $888.31 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 606001 01/23/2025 $5,727.85 SUPPLIES 1474 NATIONAL TRENCH SAFETY INC 606002 01/23/2025 $325.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 606003 01/23/2025 $17,060.00 CONTRACT SERVICES 2673 NTH GENERATION COMPUTING INC 606004 01/23/2025 $519.00 CONTRACT SERVICES 41180 MANUEL NUNEZ 606005 01/23/2025 $3,603.16 SUPPLIES 4495 ORANGE INDUSTRIAL HARDWARE 606006 01/23/2025 $1,360.00 CONTRACT SERVICES 1597 PACIFIC COAST ELEVATOR CORP 606007 01/23/2025 $1,570.62 UNIFORM EXPENSE 161 PREMIERE CUSTOM SILKSCREENING 606008 01/23/2025 $4,650.00 CONTRACT SERVICES 4297 PRO LINE GYM FLOORS 606009 01/23/2025 $1,091.79 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 606010 01/23/2025 $924.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOCIATES INC 606011 01/23/2025 $549.00 TRAINING 4334 PUBLIC AGENCY RISK MANAGEMENT ASSOCIATION 606012 01/23/2025 $48,985.00 INSURANCE 10730 PUBLIC RISK INNOVATION SOLUTIONS AND MANAGEMENT 606013 01/23/2025 $207.21 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 606014 01/23/2025 $4,147.48 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 606015 01/23/2025 $2,431.20 CONTRACT SERVICES 673 SERVIAM BY WRIGHT LLP 606016 01/23/2025 $611.09 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 606017 01/23/2025 $30,153.93 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 606018 01/23/2025 $12,050.94 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 606019 01/23/2025 $570.00 DUES & SUBSCRIPTIONS 4160 SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FED 606020 01/23/2025 $1,600.00 DUES & SUBSCRIPTIONS 29600 SOCAL PUBLIC LABOR RELATIONS COUNCIL 606021 01/23/2025 $4,027.50 SUPPLIES 3007 SOUTHERN CALIFORNIA TROPHY COMPANY
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
606022 01/23/2025 $574.20 SUPPLIES 4836 SUPERCO SPECIALTY PROJECTS 606023 01/23/2025 $909.00 CONTRACT SERVICES 3762 SUPERIOR PROTECTION SERVICES CA INC 606024 01/23/2025 $3,665.81 SUPPLIES 2573 TELEFLEX LLC
606025 01/23/2025 $1,766.15 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 606026 01/23/2025 $2,312.50 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 606027 01/23/2025 $2,080.00 CONTRACT SERVICES 3206 THE COUNSELING TEAM INTERNATIONAL 606028 01/23/2025 $2,000.00 CONTRACT SERVICES 3219 THE LUCKY LINCOLN LLC 606029 01/23/2025 $40.00 CARPOOL INCENTIVE 4781 TAM TIEU 606030 01/23/2025 $7,056.00 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 606031 01/23/2025 $157.70 UNIFORM EXPENSE 64140 TURNOUT MAINTENANCE COMPANY LLC 606032 01/23/2025 $524.58 SUPPLIES 45120 ULINE INC
606033 01/23/2025 $3,061.19 UTILITY SERVICES 72570 US TELEPACIFIC CORP 606034 01/23/2025 $512.57 CONTRACT SERVICES 4003 VEOLIA WTS SERVICES USA, INC. 606035 01/23/2025 $92.61 SUPPLIES 33390 WHITTIER FERTILIZER COMPANY 606036 01/23/2025 $2,800.00 CONTRACT SERVICES 2857 WOLVERINE FENCE COMPANY INC 606037 01/23/2025 $250.00 GENERAL GOVERNMENT 4876 FRANCISCO ZAMORA 606038 01/30/2025 $494.53 SUPPLIES 4804 10K SUPPLY LLC
606039 01/30/2025 $130,972.31 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 606040 01/30/2025 $1,059.81 CONTRACTORS 4882 ALL STAR BUILDERS INC 606041 01/30/2025 $3,663.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 606042 01/30/2025 $450.00 CONTRACT SERVICES 2853 ALTERNATIVE FUEL SOLUTIONS 606043 01/30/2025 $1,797.00 TRAINING 3119 AMERICAN BIKE PATROL SERVICES INC 606044 01/30/2025 $2,253.05 UTILITY SERVICES 38380 AT&T 606045 01/30/2025 $7,575.50 UTILITY SERVICES 39550 AT&T 606046 01/30/2025 $71.04 UTILITY SERVICES 39550 AT&T
606047 01/30/2025 $525.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 606048 01/30/2025 $648.23 VEHICLE MAINTENANCE/EXPENSES 74990 AUTOZONE INC 606049 01/30/2025 $2,210.07 FURNITURE & FIXTURES PURCHASES 2676 BKM OFFICE FURNITURE 606050 01/30/2025 $229,360.44 INSURANCE 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DOSS 606051 01/30/2025 $2,708.00 PERMITS AND FEES 2307 CALIF DEPT OF TAX AND FEE ADMINISTRATION 606052 01/30/2025 $50,548.94 CONTRACT SERVICES 1571 COPP CONTRACTING INC 606053 01/30/2025 $688.00 MACHINERY & EQUIPMENTS 4174 COSTAR REALTY INFORMATION INC 606054 01/30/2025 $699.86 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 606055 01/30/2025 $782.00 TRAINING 3392 EL CAMINO COLLEGE 606056 01/30/2025 $909.81 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 606057 01/30/2025 $1,863.24 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
606058 01/30/2025 $435.98 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 606059 01/30/2025 $275,521.00 CONTRACT SERVICES 13750 CITY OF GLENDALE 606060 01/30/2025 $102.22 VEHICLE MAINTENANCE/EXPENSES 75590 ALHAMBRA MOTOR 606061 01/30/2025 $11,225.55 VEHICLE MAINTENANCE/EXPENSES 4100 I & R AUTO BODY & PAINT 606062 01/30/2025 $62,218.00 CONTRACT SERVICES 4845 INFRASTRUCTURE ARCHITECTS, INC 606063 01/30/2025 $31,986.40 CONTRACT SERVICES 3716 KOA CORPORATION 606064 01/30/2025 $1,535.61 CONTRACT SERVICES 1244 LOS ANGELES COUNTY AGRICULTURAL 606065 01/30/2025 $4,622.26 CONTRACT SERVICES 4810 LA COUNTY DEPARTMENT OF PUBLIC WORKS 606066 01/30/2025 $13,352.50 DUE TO LA COUNTY 692 LOS ANGELES COUNTY SUPERIOR COURT 606067 01/30/2025 $4,050.00 CONTRACT SERVICES 2205 MGT OF AMERICA 606068 01/30/2025 $1,331.50 SUPPLIES 2072 MICROMED DIAMOND SEAL SYSTEMS LLC 606069 01/30/2025 $6,088.66 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 606070 01/30/2025 $656.05 SUPPLIES 1474 NATIONAL TRENCH SAFETY INC 606071 01/30/2025 $365.06 SUPPLIES 15620 OFFICE DEPOT INC 606072 01/30/2025 $135.00 TRAINING 3890 ORANGE COUNTY SHERIFFS DEPARTMENT 606073 01/30/2025 $600.00 CONTRACT SERVICES 3896 ROBERT J ORTIZ 606074 01/30/2025 $10,375.97 LEASE PAYMENT 2357 PNC BANK NATIONAL ASSOCIATION 606075 01/30/2025 $439.84 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 606076 01/30/2025 $427.33 SUPPLIES 503 QUADIENT INC
606077 01/30/2025 $1,023.65 MAIL/ POSTAL EXPENSE 697 QUADIENT FINANCE USA INC 606078 01/30/2025 $590.81 CONTRACTORS 4881 RELIABLE ROOFING 606079 01/30/2025 $1,876.86 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 606080 01/30/2025 $1,082.08 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 606081 01/30/2025 $174.26 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 606082 01/30/2025 $207.46 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 606083 01/30/2025 $4,531.31 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 606084 01/30/2025 $3,108.47 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 606085 01/30/2025 $650.00 DUES & SUBSCRIPTIONS 4160 SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FED 606086 01/30/2025 $1,730.47 MACHINERY & EQUIPMENTS 4053 STEAMX, LLC 606087 01/30/2025 $431.74 SUPPLIES 3394 T & G GLOBAL LLC 606088 01/30/2025 $14,678.99 UTILITY SERVICES 526 T-MOBILE USA INC 606089 01/30/2025 $2,050.00 CONTRACT SERVICES 3219 THE LUCKY LINCOLN LLC 606090 01/30/2025 $1,708.70 SUPPLIES 3110 TOMAS ALVARADO 606091 01/30/2025 $25,122.00 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 606092 01/30/2025 $20,688.91 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 606093 01/30/2025 $19,927.40 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP DBA ALLIED UNIVERSAL
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
Register of Demands No. 1587
From Payment Date 01/13/25 - To Payment Date 01/30/25
City of Montebello
606094 01/30/2025 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 606095 01/30/2025 $7,287.16 UTILITY SERVICES 23610 VERIZON WIRELESS 606096 01/30/2025 $3,577.61 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 606097 01/30/2025 $9,208.50 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC CHECK TOTAL $4,302,888.44
Successor Agency
1529 01/23/2025 $2,255.00 CONTRACT SERVICES 15180 SCS FIELD SERVICES CHECK TOTAL $2,255.00
GRAND TOTAL $5,058,874.96
EXHIBIT
CITY OF MONTEBELLO FORECASTED AGENDA
NOTE: The attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.
Item # Description Session Department Presenter
Presentation on Environment and Sustainability Presentation Public Affairs Dr. Ellingson Purchase two electric vans and three hybrid heavy-duty
trucks (EECBG & AQMD Supplemental) Consent Public Works Cesar Roldan Approve Amendment No. 3 to Agr No. 3226 with Reflex
Traffic Systems, Inc. Consent Police Assistant Chief Cabrera Amending the Master Fee Schedule (Removal of Fire
Response Fee) Consent Fire Chief Pelaez/ Angelica
Minutes Consent. Admin Kimberly G.
Reso No. ___ Warrant Register Consent. Finance Michael S.
City Council Forecasted Agenda Calendar - February
February 26th - Regular City Council Meeting
Updated