CONTRACT 1389 Other'S H - LL OIL COMPANY
9901 PARAMOUNT BOULEVARD
,o
DOWNEY, CALIFORNIA 90240
January 23, 1974 R
EL SEGL3INDO
CERTIFIED MAIL FINANCE
CITY OF EL SEGUNDO
City Hall — Room 7
350 Main Street
E1 Segundo, California
Attn: Purchasing Dept.
Gentlemen:
MAILING ADDRESS
P. O" BOX -1155
LOS ANGELES, CALIF. 90051
(213) 927-3371
This is in reference to that certain letter agreement dated 6/4/73
between Shell Oil Company of 9901 Paramount Blvd., in Downey, California 90240
and' Cit ofa d morennarticu1ar11T2to t�Le f��dC�nd � California (herein
" " y third paragraphs therein
called Buyer ),
which provide that 15 days prior notice is required in event of any price change.
Please be advised that effective February 7, 1974, the provisions
requiring such prior notification are hereby deleted from said agreement.
Hereinafter, the above effective date of this amendment, future price
increases shall become effective immediately upon the data of increase without
prior notification. Such price increases shall conform with the Federal Economic
Stabilization Program.
The gasoline volumes as listed on your Schedule "A" attachment to the
above mentioned letter agreement shall be subject to the new Federal I-Landatory
Allocation Program effective January 15, 1974,
Upon execution of this amendment please return the original. to Shell Oil
Company at the above address and retain the second copy for your records.
TPe aforr��ention:'_C ii7 t tl � t b?twaen Shell _ �; __ 'r , S 'tle�2 �n r�7re
aad r OV c1._2Il�edy �5 caLn -:a- �lIll _ nLi -il-1 a.
In event this amendment is not approved by the Buyer, Shell hereby
exercises its option to terminate said agreement effective 15 days from date
of this letter.
EXECUTED as of the date of this letter.
SHELL OIL COMIPAINY
By
boring
District T•ianager
M
I Jung 4, 1973
l.it1 of FU se-'Ua du
^iCy Lail, _Woai 7
3J3 ri„�„r: .:C:oct
s l �e unto, culirorli.ia
Attu: Purcha3iu6 Oeuartnunt
Gt-a Clemen:
' ii are pleased to ofl'e' tiSe SSSL'il Gasolin-as as li.sced oa the
'leh:'Cllae A ziu.-a et: ht:ri:CU a -or Jk� Laya cuLi:2 ercall; July 1, 1973, and for
Succe2sivia 30-day periods Lhurcaiter, unless cance-1.10 ! i,y eittier party
uivi:to the clthcr at 1-3 days' ;;riot .autice. a Shall adsu ;;ive you
J.I'ke prior notice Ui uLji '.rice or qu.iutity C1,Ujuatwenirs.
The tolloK*i, �4 texas and canditions shai ll apply to this offt:r.
The re.mafnin;.- provisions of this of Eer are E:lia'4ni r'B the A;eneral ravisions
(Az Gallr", a cclpy of F: iich i - att:scha3.
Price ;oasis will be day to U'ay _ ub,ject to 15 ulavu' prior notice
ill. LIVCIIit Of FI_iy c:lclu;;C.
The Prizes offered do not iLciudki the supplvin or ins<tullation
of storage or `.livper.sin8 efluipmcut by Shell.
Prices for raak-truck. dalivery are for sit: le ;�eliveries of
400 ;L11uns or More. s ,en sc-aTler dal'ivl:ries are ret,iuirud, the pricQs
shall• hn increastid by tine iulloiri.:,; aL:a�:nts:
C" j! T
+�0 to 394 �-aLl_uas $0.01
40 to 199 -.:a } lo_ls
Less t",ai4 4 i ''-� alio-n8 .l0
r;S1.31jort-truck. or trl.lCe:aiic:-Crailer deliveries be t?ad,—_
only in liil`I'_ititte-i rc!ual tC L!te fall C.A1,.ICILY Of L11a ��tuiy 1i::lt 51t:1c�CtLI
by S?,eiZ io; '_Lli; L.10 :ialive_y .
Shell not oblui,atcj to .leiiver any !:,ore of aay i"roduct
aS ziStCd Oil SL!11_ :uZC OV01 A ]_s� 7:Unti1 y„-,—Lod, Lion: chaTi apjpro:C=:::at:i::y
112 for ary „ivoli.. oiith.
Applicable sale.a, use and other excise taxes will be addled to
the prices unless expressly included herein, in w.zich event any increase
in taxes shall be added to and any decrease in taxes shall' be deducted
from such prides. Prices Ior-asoline offered i:erein include the ;,resent
State of Galiiornia :iotor Vohicle Friel ;lax of $0.07 tsar but are
exclusive of the California State Sales Tax and ttia Federal Lxcisa Tax
of $0.04 per gallon.
Customer shall provide shell with a proper esemLion certificate
for the exclusion of any applicable tm:es.
if this proposal is acceptably: to you, please sign and ratsrn one
copy of this letter. This offer is subject to your acceptance withfu 30
days from the date hareof, after wl-iich time it shell be considered null
and void.
Attach=enta
ACCALPTSil
By
'Aisle
Fours very truly,
Original Signed by
i H. A. NORING
ll. A. Norin', 5alea Supervisor
Southern California
Industrial Sales District
1973
.. �.. ,,, .. .. y._ .. .....,-.r .n. .m. x..nF X ..c .. _... .,. r»Yu. .,r .. ..w .....�.a.r.S. w..«1.s ..... .✓.,8.:'.'.%'1 .^Y-.b .._..._f.®.K rorv!•: .... ,. n«.x
... � 3
SHELL DELIVERY ORIGINS
The following are Shell's Distribution Plants with their address and
telephone numbers for placing orders.
On Schedule "A" each of your locations are designated by an alphabetical
code in the left hand margin under "Delivery Origin Code". This code designates
the applicable Distribution Plant below with whom you are to place your orders.
Delivery Code
A
B
C
D
E
1-4
G
n
Shell's Distribution Plant
Address
Telephone
Baldwin Park
14515 Joanbridge St.
962-2451
Lancaster
45315 N. Trevor St.
(805)
Lancaster
948-6044
Los Angeles Plant
2015 Long Beach Ave.
(800)
Los Angeles
282-4810
Long Beach
1569 'Test 16th St.
432-3946
— Long Beach
Norwalk
12244 E. Front St.,
864-1741
Norwalk
Pomona
10685 S. Central
(714)
Montclair
626-7515
Riverside
10707 Riverside Ave.
(714)
Bloomington
877-0226
Glendale
4578 Brazil St.
245-2345
(Includes former
Glendale
Santa Monica Plant & Area)
Van Nuys,
14117 Aetna St.
785-0902 or
Van Nuys
786-8180 -
ETERGENCY CALLS
a
C
Plant Foreman - Los Angeles Plant
748-2129
C
A.
A. Martin - Los Angeles Plant
(714) .879-9129
I
R.
Eldridge - Van Nuys Plant
670-2289
C
J.
Herman - Signal Hill Plant
421-7582
C
P.
Coburn - Signal Hill Plant.
425-8504
C
P.
Slonaker - Signal Hill Plant
(714) 826-9426
SHELL OIL COMPANY
GENERAL PROVISIONS OF SALE
1. DEFINITIONS As used in this quotation: "Tank Car" means a railway tank car filled to capa-
city; "Transport Truck" means a minimum transport truckload as defined in the published tariff
applicable 'to the movement; "Tank Truck or "Tanik wagon" means less than a transport truckload:
carload" means 3,250 gallons of product in strums or other packages', "truckload" means 2,000
gallons of product in drums or other packages, "gallon" means 231 cubic inches of fluids or, 'with
respect to greases„ eight pounds; "barret" means 42 gallons.
2. DELIVERIES Shell Oil Company ("Shell") shall be entitled to reasonable advance notice of
the date on which Buyer desires each delivery to be made, Buyer shall provide adequate facilities
for unloading the delivery equipment„ and shall unload the same promptly at Buyer's own expense
and risk, pay all of carrier's demurrage and standby charges, and indemnify Shelf against any
claims arising out of unloading operations. Delivery by Shell into any equipment or container
furnished by Buyer at any point shall constitute delivery to Buyer. Quantities delivered in bulk shall
be determined in accordance with Shell's established practice at the shipping point, All containers
in which products are delivered shall be non -returnable„ unless specified by Shell as returnable,
in which case the terms on which they are returnable and the charges payable by Buyer on failure
to return them shall be those established by Shell from time to time.
3, TANK CARS As to every tank car in which delivery is tendered, Buyer shell release the same
to the carrier within 48 hours after the car is available for unloading; and for each day or fraction
thereof that the car, is held by Buyer beyond the period, Buyer shall pay Shell $4,00 if the car'
capacity its less than 112,000 gallons;. and $8.00 if its capacity is 12,000 or more gallons (in addition
to paying the carrier's demurrage charges). Buyer shall comply with Shell's Instructions for re-
turning each empty car.
4. RETURNABLE DRUM TERMS All 55-gallon drums in which any products are delivered
must be returned within 90 days after date of invoice, in undamaged condition, to Shell's bulk
plant, terminal, or refinery from which delivery was made, or to such other point as Shell may
designate. Shell will charge $6.00 for each drum, payable when invoiced, as a deposit (without
interest but which Shell shall mingle with its own funds) to secure return of the drum, to be for-
feited to Shell if the drum is not so returned, and to be credited to Buyer if the drum is so returned.
Returnable drum terms are subject to change by Shell at any time upon notice.
5. PRICE MODIFICATION OF LUBRICANTS Shell shall have the right to increase any or all of
the lubricants prices specified 'herein (including the right to modify any or all of the discounts and
quantity and container differentials specified herein), at any time upon�,al4easr-t +.,t;-(v0"ays'
p• fce�..luyer; drirr isle-notice-perici-Byr srallritiled-tarpchas-of achmpro-
da i affected i _Ha ase, no4-•m rre.....thara_ one-twelft.b.......o.Ltbe-estirrrated-aar-i"l-w_gaiantity--
speeifie�lerei at theptie-ire effect a-t.-.thy to -me -such rttieewi given If with respect to any such
increased price Buyer gives Shell satisfactory evidence that Buyer is able to purchase elsewhere a
product of the same kind and quality as the affected product on terms and conditions substan-
tially the sane as those of the Contract, but at a price lower than such increased price, and if Shell
does not elect to meet such lower price, the quantities of such other product purchased by Buyer,
so long as the price disparity exists, shall be deducted from the obligated quantities of such pro-
duct hereunder.
A. Quantity Differentials For single delivery to Buyer in an aggregate quantity with-
in any one of the following quantity -brackets, the specified base lubricant price shall be increased
by the amount shown herein as additional charge applicable to such quantity:
ADDITIONAL CHARGE
Gear Oils
0UANTITY-BRACKET Oils & Greases
(Gallons) (Per Gallon) (Per Pound)
1-9 $0.25 $0.03125
10-19 .07 .00875
20-54 .02 .0025`
(8 pounds of gear oil and/or grease equals one gallon)
"Does not apply to single deliveries in "400-Pound" drums.
B. Container Differentials Availability of any oil or grease in any containers other than drums
denends on Shell's packaging practice for such oil or grease in effect at the time when and for
the place where delivery is desored and if delivery is made In srIch other containers, the, prices
specified shall be subject to such prevail inq additional charges as Shell may specify with respect to
oils, and to the following such charges with respect to greases:
ADDITIONAL CHARGE
CONTAINER (Per Pound)
120-Pound Keg $0.02
35-Pound Pail .03
6. PAYMENTS Buyer shall pay for products delivered in cash on delivery or on such credit
terms as may be extended by Shell, which may be altered or revoked by Shell at any time.
7. TAXES Any tax, duty, or other governmental charge now or hereafter imposed on the pro-
ducts, or on Shelf, or required to be paid or collected by Shell, by reason of the manufacture,
transportation, sale, delivery, or use of the products, shall be paid by the Buyer, in addition to the
prices of the products.
8, LIABILITIES -CLAIMS SHELL MAKES NO WARRANTIES OF QUALITY, MERCHANTABILITY,
FITNESS OR OTHERWISE AS TO ANY PRODUCT, AND NONE SHALL BE IMPLIED. Shell shall
have no liability to Buyer for any defect in quality or shortage in quantity of products delivered un-
less (a) Buyer gives Shell notice of Buyer's claim, setting forth fully the facts on which it is based,
within 48 hours after Buyer's discovery of the defect. and (b) Shell is given reasonable opportunity
to inspect such products. Shell shall have no liability for any defect or shortage of any products
delivered in equipment or containers furnished by Buyer.
9. RESALE Buyer represents that the products purchased under the Contract are for Buyer's own
consumption; and if any of such products are resold, Buyer agrees to provide Shell with documen-
tation as Shell may require specifying the amount resold and further agrees to pay to Shell the
difference between the price paid for that Product hereunder as a consumer and Shell's prevailing
published reseller price in effect in the same trade area at the time of Buyer's purchase.
10. ASSIGNABILITY Neither this Contract nor any claim against Shell arising directly or indi-
rectly out of or in connection with this Contract shall be assignable without the prior written con-
sent of Shell.
11. EXCUSES FOR NON-PERFORMANCE Either Shell or Buyer shall be excused from its obli-
gations in the event and to the extent that its performance thereof is delayed or prevented (a) by
any circumstance reasonably beyond its control, or (b) by fire. explosion. strikes or other labor
disputes, riots or other civil disturbances. or voluntary or involuntary compliance with any law,
regulation, order or request of any governmental authority. If Shell's supply of any Product avail-
able at Shell's distribution or delivery points is or will be insufficient. at any time and for any rea-
son, for Shell to fill all orders which normally are or would be filled therefrom (whether from
contract or noncontract purchasers). Shell may discontinue deliveries of such Product hereunder
or apportion deliveries thereof among orders received from Buyer and other purchasers. in such
manner as Shell, in its sole discretion, may determine, and the quantities of the Product con-
sequently undelivered shall he deducted from the stated contract quantities of such Product
hereunder.
12. CONTRACT These general provisions, together with the particular provisions set forth in the
document to which these are attached, will constitute the contract between Shell and Buyer, and
will not be modified or supplemented orally or by any other document (including any heretofore
or hereafter issued by Buyer) which has not been authoritatively executed by Shell.
)elivery
Origin
Code
Delivery Location
H
City Yard
611 East Holly Ave.
R
Fire Station lArl
314 Main St.
R
Fire Station #2
2161 Last
El Segundo Blvd.
q
CITY OF EL SE-,7J'MO
Z;-
SCHEDULE "A"
Tank (s)
Annual
Capacity
Shell
Estimated
Type of
Price
Gallons
Product
qy.�jTjt ity
Deliverz
Gallon
1-1000
Super Shell
40,000
TU
$0.304
2-550
1,000
Super Shell
5,000
nq
$0.3-0-4
500
Super Shell
5,000
TW
$0.304