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Resolution No. 9366.4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND NATIONWIDE ENVIRONMENTAL SERVICES FOR CITYWIDE STREET SWEEPING SERVICES WHEREAS, the City of Vernon needs the services of a firm to perform Citywide street sweeping services; and WHEREAS, on March 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9256 approving a Request for Proposal for City of Vernon Citywide Street Sweeping Services ("RFP"); and WHEREAS, the RFP issued included the following additional requirements: a global positioning tracking system and more detailed record keeping of the streets swept, dates, operator's name, sweeper information and debris records; and WHEREAS, the RFP was advertised in construction journals and Isent and responses were received from Nationwide Environmental Services, CleanStreet and R.F. Dickson, all of which were reviewed and evaluated by the Community Services & Water Department; and WHEREAS, after the Community Services & Water Department reviewed and evaluated the three responses, it deemed Nationwide Environmental Services ("Nationwide") to be the most qualified vendor meeting the requirements of the Department and is the lowest cost 1provider; and WHEREAS, Nationwide is currently providing street sweeping services for the City, and based upon its satisfactory performance, the Director of Community Services & Water by memo dated July 9, 2007, has recommended that an agreement with Nationwide be approved for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 street sweeping services effective August 1, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby accepts the proposal of Nationwide and approves the Services Agreement, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed jAgreement to: /// /// Nationwide Environmental Services Attn. Never Samuelian, President 11914 Front Street Norwalk, CA 90650 - 2 - s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 16th day of July, 2007. ATTEST: MANUELA GIRON, C'ty Clerk Name: Leonis C. Malburg Title: Mayor / - 3 - r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9366, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 16, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. ,- (SEAL) ELA GIRON,/ City Clerk - 4 - EXHIBIT o,t SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 10h day of July 2007, in the City of Vernon, County of Los Angeles, California. BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND NATIONWIDE ENVIRONMENTAL SERVICES, hereinafter referred to as the "Contractor" 11914 Front Street Norwalk, CA 90650 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform Citywide Street Sweeping Services; and WHEREAS, Contractor has prepared a proposal dated April 3, 2007, for the Services, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the Citywide Street Sweeping services on a contract basis as defined in the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION L TERM OF CONTRACT 1.01. This Agreement will become effective on August 1, 2007 and will continue in effect for one year unless extended by formal written change order or amendment to this agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: Page I of 13 A. "Agreement" shall mean that formally executed Services Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire Agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Nationwide Environmental Services and, where applicable, its affiliated companies, andits officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Sections 4.01 and 4.02 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, affter disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's, or any entity within Contractor's control, breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from Page 2 of 13 1 disclosing such information to others. I• "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. "Work" or "Services shall mean the services performed by Contractor as more specifically delineated in Section 3 below. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor agrees to perform Citywide Street Sweeping Services according to the Nationwide Environmental Services Proposal dated April 3, 2007. 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City, make changes to extend the work duration and total compensation of Contractor's Work. Changes in the scope of work, or duties and obligations, shall be authorized only by the City. 3.04. City may make changes by increasing, reducing or deviating from the requirements of the scope of Work by formal written change order or amendment to the Agreement. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and shall end when Contractor has completed the Work described in Section 3.01 of this Agreement, unless this Agreement is otherwise terminated according to Section 6 of this Agreement. Method of Performing Services 3.06. Contractor will determine the method, details, and means of performing the above -described Services. Status of Contractor 3.07. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor: Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are Page 3 of 13 accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.10. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.11. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.12. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.13. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Paragraph 3.01, City agrees to pay Contractor the amount of Ten Thousand Nine Hundred Eighty Nine Dollars ($10,989.00) per month. Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overheads, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason, except as expressly provided for in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract price shall only be adjusted`by formal, written Change Order or amendment to this Agreement. If the City opts to extend the term of this Agreement, Contractor's rates, as listed in this Agreement, shall be increased or decreased by seventy-five percent (75%) of the Consumer Price Index (all Urban Consumers) for the Los Angeles -Riverside -Orange County area for the twelve (12) month period prior to the beginning of each extension. Payment of Compensation 4.03. For Services rendered under Paragraph 3.01 of this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 4.01 of this Agreement on completion of work and within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. Page 4 of 13 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City Administrator or his designee. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established by a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the effected area. 5.03. Contractor will perform the services under this Agreement on City's Premises during prescribed hours or as directed by City. Tools, Materials, and Equipment 5.04. Contractor will supply all tools, materials, supplies and equipment required to perform the Services under this Agreement. Liability Insurance 5.05. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.06. The insurance coverage as listed herein shall be properly endorsed to include those contractual Page 5 of 13 e � i obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.07. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.08. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and that the City is endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. 2. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. 3. Comprehensive Automobile Insurance, including, but not limited to, all owned, non - owned. or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. 4. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fiire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar Page 6 of 13 with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Work under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. 5.12. Contractor declares and states that.it has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representatioif'or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. Work Injury 5.15. The treatment and care of injuries sustained by Contractor's employees, subcontractors, agents, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid or assistance to Contractor's employees, subcontractors, agents, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.16. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the Contractor's employees working full or part time on the Work; (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's stores, stock or Page 7of13 capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.17. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City, gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.18. Contractor agrees that all services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.19. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if; m the `reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.20. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other,than to employees of Contractor who require it in performance of the Work and except.to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, .Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.21. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or Page 8 of 13 part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. Compliance with Authority 5.22. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair Labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person. 5.23. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.24. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.22 and 5.23 of the Agreement. Progfess Reports 5.25. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01.. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Notice to Contractor and such termination shall be effective in the manner specified in such Notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event Page of 13 shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may terminate this Agreement by giving written notification to Contractor. Termination will take effect immediately on receipt of notice by the breaching party or three (3) days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to complete the Work specified in Paragraph 3.01 and 3.02 of this Agreement; or B. Contractor's material breach of any representation or provision contained in Section Five (5) of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate 'as a Witiver of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed noticosm ll.be deemed communicated as of the day of receipt or the third (3'd) day after mailing, whichever occurs first. Page 10 of 13 Contractor: City: Nationwide Environmental Services City of Vernon Attn: Never Samuelian, President Attn: Manuela Giron 11914 Front Street City Clerk Norwalk, CA 90650 4305 Santa Fe Avenue Vernon, CA '90058 Fax: (562) 868-5726 Fax: 323-826-1438 Telephone: (562) 860-0604 Telephone: 323-583-8811, ext 266 Entire Agreement of the Parties 7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall Page 11 of 13 at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a,panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS'). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panelwithin fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues: The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286:2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators and/or court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to anruncontrollable force. The term "uncontrollable force" shall mean any cause beyond the coitrol`of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, `statute; ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. Page 12 of 13 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on , 2007. City: City of Vernon Leonis C. Malburg, Mayor Date: ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Jeff Harrison, City Attorney Contractor: Nationwide Environmental Services Signature: !%Z Print Name: Nbvw S r ml;an Title: Presidxt Date: 21, 2D07 Signature: Print Name: Suzy SwLplian Title: tie Sagetmy Date: June 21, 2)07 Page 13 of 13 EXHIBIT A i Ivat T rw v Vic ' .. " Vf �.. `� t � �..: l�y..•7 C t. 1 yily r" t'a �"" '.. 4 � MSrt 1VA,y. ",:q �yk ++yy V �'. ✓ i,�tff'.., y •,i. �,p •�. .-.` t I STREET SWEEPING SERVICES IN THE CITY OF VERNON DUE DATE: APRIL 4, 2007 @ 3:00 P.M. SUBMITTED BY: NATIONWIDE ENVIRONMENTAL SERVICES DIVISION OF JOE'S SWEEPING, INC. 11914 FRONT STREET NORWALK, CA 90650 (562) 860-0604 s u 0 TABLE OF CONTENTS 5 Introduction Letterof Transmittal ............................................................................. Background and Apuroach CompanyBackground.............................................................................. Experience & Approach .............. ............................................ Methodology OrganizationalChart................................................................................. Personnel................................................................................................. Staffing................................................................................................. Work Plan WorkPlan................................................................................................ Related EUer_ence References.............................................................................................. Fee Information PriceSheet............................................................................................. Other Information Featured Contractor of the Month -December 2006.................................... naPSaCertification................................................................................... Insurance Coverage Certificate of Insurance........................................................................... Page 1 2 3 4 5 6 7-8 9 Sep Env. 10 11 12 lVatioiZ� wi-c/e E'virviin�ei�ta/ 5cervice5 ' INTRODUCTION ® �llM Y ® Division of Joe's Sweeping, Inc. y P I 1 �C AP April 3, 2007 r Mr. Samuel Kevin Wilson, P.E. Director of Community Services & Water City of Vernon - 4305 Santa Fe Ave. Vernon, CA 90058 14 Re: Street Sweeping Proposal 1 * Dear Mr. Wilson: Nationwide Environmental Services (NES) is one of the first certified street sweeping f r contractors in the nation, and has been proudly serving the City of Vernon for the past eight years. In addition, we have been providing street sweeping services to over 40 municipalities in the Southern California regions since 1968. As a division of Joe's r Sweeping, Inc., NES pledges to continue to provide the excellent and professional service that, historically, has been proven to be our company's most distinguishing attribute. NES believes to be the most qualified company to provide street sweeping services to the City of Vernon. NES has over 35 years of experience, is currently servicing the City, and is committed to providing quality street sweeping services utilizing state-of-the-art equipment with a dedicated staff to ensure a clean, healthy and safe environment. t NES is looking forward to continuing to provide street sweeping services to the City of Vernon. If you have any questions, please feel free to contact me at (562) 860-0604 I a Thank you for your consideration. Sincerely, S. ever Samuelian f. President 11914 Front Street • Norwalk, California 90650 • (562)-860-0604 • Fax (562)-868-5726 www.nes-sweeping.com L7i!'vUi orhwiEle °o"I-FI e/7 to/ ce5 BACKGROUND & APPROACH lVatini���ii is/e Envirvo�n�enta/ Services ' COMOUND Nationwide Environmental Services (NES), a division of Joe's Sweeping, Inc., was founded in 1968 by Joe Samuelian to provide parking lot sweeping services. Joe's mission statement at the time was "To provide quality sweeping services utilizing the latest state-of-the-art equipment and creating the highest level of customer service available." From a single sweeper company to a fleet of more than 70 sweeping and cleaning vehicles, serving over 40 municipalities, that mission statement is as true today as it was over 35 years ago. Our extensive fleet of sweeping and cleaning vehicles continues to maintain municipalities, residential communities, business parks, parking facilities, construction sites, and sporting complexes. Our current contracts cover street sweeping services within the greater Los Angeles area, and the surrounding areas of Orange County, Ventura, San Bernardino, and Riverside with populations ranging from 10,000 to 200,000. Our high level of customer service along with our reputation of providing quality services has been acknowledged by WorldSweeper.com who has featured NES as the contractor of the month for December 2006. NES was selected from over 5,000 U.S. sweeping contractors. In addition, NES was one of the first sweeping companies to attain the status of Certified Sweeping Contractor in the nation through the north american Power Sweeping association (naPSa). (See Attached) Our clean, efficient street sweeping services enhance a community's appearance. NES provides consistent and thorough sweeping services, thereby, ensuring a cleaner environment in which to reside and work. This type of environment promotes community pride and helps increase property values. At NES we realize the importance of a clean and dependable fleet. Our vehicles are routinely cleaned and inspected which allows us to consistently present a positive image. Our truck mechanics are highly qualified and every driver is a trained professional. Everyone at NES is dedicated to keeping our fleet on the road and on time. Our motto is "Service First," which ensures, you the client, when a NES truck is in your community it is serious about keeping your community clean. Our dedicated staff is committed to serving the community in the most environmental, safe, and efficient manner possible. We take great pride in our fleet and we make certain our customers and residents are satisfied with our sweeping performance. 2 ARM rviWo�j�-Allis meMta/ Services APPROACH Nationwide Environmental Services (NES) general work plan to meet street sweeping requirements for the City of Vernon incorporates a well -managed administration and operational structure supported by interdepartmental team work. NES' Operation's Manager will meet with the City representative to examine and evaluate the sweeping schedule accordingto contract specifications and schedules. Our sweeping p p g practices include: picking up mud, dirt, sand, paper, leaves, grass, and miscellaneous debris. NES understands the requirements as stated in the RFP and will adhere to all of the specifications. NES is familiar: with the scope of services as we have been servicing the City for the past eight years. NES has a fleet of over 70 sweeping and cleaning vehicles in excellent condition and maintained on a daily basis. Employees are experienced, trained and expected to make a "Clean Sweep" (i.e., passes required to eliminate debris from all areas) of all streets. Employees fully understand their responsibilities and debris not picked up by the street sweeper will be hand swept by the driver before leaving the area. e NES employs a state-of-the-art 24 hours -a -day dispatch service should the need for re - sweeping or emergency requests arise. All employees wear company issued uniforms, which we believe is just one-step in preventing possible injury due to loose or unacceptable clothing attire. It is our company's policy to provide our employees with IL proper safety training, therefore, all employees attend regularly scheduled company safety meetings to ensure proper safety standards are being met for a safe work place. 4 All company managers and supervisors have been employed with NES for over 15 years. They understand the importance of quality work and they make sure each and every employee is well trained to provide excellent services to our customers. Moreover, we schedule group and individual meetings on a regular basis to evaluate our r employees' performances and discuss any issues that need to be addressed. IF b 3 0 lVatir�rLrii is Ejwrrviin�eiifa/ Services ' METHODOLOGY J1/ateo►lrwic/c-� 0,111JINUMR-371 NU ta/ 5eerv►ce5 ORGANIZATIONAL I Never Samuelian President/Treasurer Joe Samuelian Vice President Ani Samuelian Director/Accounting Manager Cheryle Parson Human Resources Suzy Samuelian Nejteh Der Bedrossian Executive Secretary I / j Operations Manager Marlene Melchor Office Manager/Accounting Assistant Administration and Clerical Staffing Olga Bombela Customer Service Francisco Gandara Lead Mechanic Jorge Lopez Assistant Manager/Dispatch Gary Der Bedrossian Field Operations Supervisor Fleet Operators Mechanics 4 PERSONNEL ` NES maintains a drug -free workplace and employs a staff of over 60 sweeper operators including back-up personnel. This method of employing back-up sweeper operators allows NES to manage personnel changes without sacrificing the quality of service to any one of our customers. re At NES, employees are trained and competent to assure quick response along with Professional services. Nonetheless, employees are knowledgeable about correct sweeping practices; therefore, they sweep each route according to the contract ` specifications and provide high quality services, a basic standard of NES. NES provides 24/7 on -call street sweeping dispatch services, thus allowing us to respond immediately to emergencies or requests for service. Our customer service r representatives offer immediate action to requests and complaints with follow-up responses within minutes. Employees are equipped with digital two-way radios which allows NES the capability of communicating with its employees. i NES has been known for its remarkable quality of service and stands above all others in the industry by providing excellent customer service. An! Samuelian/Director and Nejteh Der Bedrossian/Operations Manager will manage and supervise the street sweeping contract with the City of Vernon. Both individuals are highly trained and experienced in maintaining the highest level of customer service by focusing on guaranteed satisfaction. This experience is enhanced by their many years and excellent skills in the fields of marketing and customer service. Together their goal is to provide immediate response to service requests, billing or contract issues. Currently, both individuals oversee and administer over 40 street sweeping contracts in the Southern California area. J. E Nativ�l� �i iUe thtlirormientat Services ' Executive: Never Samuelian Joe Samuelian Ani Samuelian Suzy Samuelian Administrative: Cheryle Parsons Marlene Melchor Olga Bombela Clerical Personnel Operations: Mechanics: Nejteh Der Bedrossian Jorge Lopez Gary Der Bedrossian Fleet Service Operators Javier Gandara Mechanics President/Treasurer Vice President Director/Accounting Manager Executive Secretary Human Resources Office Manager/Accounting Assistant Customer Service Operations Manager Assistant Manager/Dispatch Field Operations Supervisor Lead Mechanic R lVatioih wic%e lewvirviinieli - 5e-rvice5 WORK PLAN �aww.au.anc fig-MINJ I af �F WORK PLAN Scope of Work NES will provide regular scheduled sweeping services for all curb and gutter segments of all public streets and public alleys within the City of Vernon. Sweeping services will include curbs and gutters along all streets and raised center median islands and the full width of all alleys. NES will sweep approximately 106 curb miles per week. I; NES will furnish all necessary personnel, vehicles, equipment, supplies and tools needed in support of the scope of services. x Fre.�uency & Quantity of Services y NES will provide sweeping services for the entire City, per Exhibit A. All streets will be swept once per week and sweeping will be completed within the hours of 10:00 pm to o . 5:00 am. Sweeping will be performed Monday through Thursday, excluding City and ( Federal holidays. If a holiday falls on a scheduled sweeping day, the areas will be swept either one day before or after the regularly scheduled sweeping day. All street sweepers utilized in the City of Vernon will be equipped with a GPS tracking system (Teletrac). The GPS tracking system will be web -based and the City will have access to the website in order to verify service delivery, research complaints and answer resident and business questions. The GPS tracking system will provide location, date, time and speed of the street sweepers. Vehicle Information NES"Street sweepers and equipment are cleaned and maintained on a'daily basis. All vehicles are inspected daily for safety and inspection records are maintained. NES meets all applicable local, state and Federal air quality laws, rules and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 & 1186.1. NES will utilize a 2004 Tymco 600 Street sweeper, fueled with CNG in the City of Vernon. N- NES meets all applicable local, state and Federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Los Angeles County National Pollution Discharge Elimination System Permit as it relates to street sweeping practices and all Best Management Practices set forth by the City in compliance with NPDES requirements. NES provides consistent and thorough sweeping services, thereby, ensuring not only a cleaner environment in which to reside and work, but additionally, assists communities in diverting debris from storm drain systems. The diversion of debris is an important step in meeting NPDES (National Pollutant Discharge Elimination System) mandates. 7 WORK PLAN r. . Customer Service/Re-sweep s. NES will perform sweeping services in a professional and courteous manner and will not cause .any inconvenience to the residents and businesses in the City of Vernon. If a complaint Is received, NES will immediately investigate the complaint and will provide the City with a written report with the resolution of the complaint within 7 business days from the date the complaint was received. Re -sweeps will be performed at the expense of NES and the response time will be within 24 hours after notification by the City. Arterial and parking lot re -sweeps will be completed prior to 7:00 am following the day after notification. High profile re -sweeps, including high profile arterial areas will be completed prior to 3:30 pm the same day of i' notification by the City. NES will notify the City upon completion of a re -sweep. Waste Diversion and Recycling NES will be responsible for the collection, hauling and disposal of all materials collected during sweeping operations. NES will transport all the debris collected from street sweeping to our facility in Norwalk. Fifty percent (50%) of the debris will be hauled away by Community Recycling and the remainder of the debris will be transported to Puente Hills Landfill. NES will prepare and submit quarterly reports to the City which will include the amount of debris collected and recycled with copies of weight tickets for each load. In addition, daily sweeping logs will be maintained with the following information: 1. Street swept, date of sweeping 2. Operator's name 3. Type of sweeper, sweeper number 4. Mileage of each street 5. Amount of debris collected Quality of Work NES will provide sufficient vehicles, equipment and staff to accomplish a high level of quality street sweeping services. NES will make certain all debris and dirt is removed from City streets. If a deficiency is discovered by the City, NES will re -sweep the area within 24 hours. Additional & Emergency Services NES will provide additional sweeping services for special events, spills, unusual conditions and emergency requests at the hourly rate indicated on the price sheet. The response time for emergency requests will be within two (2) hours of notification by the City. Natiort�t�ticlie E�ivirviln�er� ta/ 5e�r vices RELATED EXPERIENCE Vf V 4 W W Z Z L 0 �s M8V Z as MC m L •V dj � �o c ra tn QJ EA C ao c� C t (� .Q C N M ca 40 > W rna�cc c CL 15 rn .n R a aai m N� a Ta •� a w te B .:R :g 6 E'�(nu L C � �j ON (D �j N / i +9 o, L M o, a m v-. • L o c U C O in •o. C ' Z � LO o c o c o c IA E. o a o p o L � O M frA � M AAOzz))' � � qu AC flyii L L _�. L za L G`p 1 0 4L to 4L VI c cx 40 � cn M � (n � �-cn �(nN (nN (AM Q8i .� � ,�-I con # (n L2 ` n `^ Ln 1 r- 1 p4� Gi# C x isN Ln M o�ppGhp 00 DO 0Ni 01 .0 LL d Vim' M fQ j N a ri ,1 vv N vv to l0 x au�Q. x m(i x a2 L 1" UT Q N O d _ c ('�, o °� a a L O _ L •(u L O O O V _ V 0C, rn (n n vi cm o o o Ln V to �Q� 'C N m Q =J9 mo U •m CMV Z x' o C o N 9 N=cl,V-1M: V-4Z c"ci c c c M- (A Ao 4' (n 'N AF. � a7 I.r 4-0 O .�3 C V) ='0�1 C O O �V) y� _ •'� Q�1 •-i —� Z 2. ,-i U (5'� 46,0 m c = c �� c Ufin U�v� Ufin �d m =C i L c c0i C m 13 m O c H R .0 d U) c c W C 41 m Z 0 Natinil� Ei1verv��n�erta/ Services OTHER INFORMATION F Press Release For: Nationwide Environmental Services For More Company Information Contact: Ani Samuelian. Director Nationwide Environmental Services 11914 Front Street, Norwalk CA 90650 Phone: (562) 860-0604 Email: ani ates-sweepin com FOR IMMEDIATE RELEASE NATIONWIDE ENVIRONMENTAL SERVICES FEATURED AT WORLDSWEEPER.COM, SWEEPING INDUSTRY'S LARGEST PROFESSIONAL RESOURCE Norwalk, California, December 2006 — Nationwide Environmental Services was recently honored as one of only 12 contractors in the U.S. to be named `Contractor of the Month' for 2006 at WorldSweeper.com, the power sweeping industry's premier information and professional online resource. Nationwide Environmental Services was chosen from among over 5,000 U.S. sweeping industry contractors for this honor. The reasons cited by the editorial board of WorldSweeper.com included Nationwide Environmental Services' overall contributions to the power sweeping industry, including the company's leadership in becoming one of the first sweeping contractors in the U.S. to become a Certified Sweeping Contractor under the stringent guidelines of the North American Power Sweeping Association. The honor is also a recognition of professionalism exhibited in Nationwide Environmental Services' approach to providing high -quality level of sweeping services to municipalities, residential communities, business parks, parking facilities, refineries and construction sites in the Los Angeles, Orange, Riverside, Ventura, and San Bernardino Counties. Nationwide Environmental Services has been in business since 1968 and has become the preferred provider of street sweeping services through their excellent customer support programs and use of the best and newest equipment available in the industry. Customer satisfaction has long been the ultimate goal of everyone at Nationwide Environmental Services. f F north american Power Sweeping association ._ Dear Valued Customer, .F The north american Power Sweeping association is proud to announce that Nationwide Environmental Services has just been awarded the designation of r r Certified Sweeping Company. About naPSa, we are a non-profit organization committed to distributing pertinent sweeping industry information and valuable resources to our members. We are here f to provide the street and parking area sweeping industry with an association that will make a difference. ' To become a CSC, Nationwide Environmental Services had to undergo an application process that qualified them under strict guidelines including: safety, experience, continuing education, vehicle maintenance, driver training and adherence to naPSa's code of ethics. The naPSa Code of Ethics requires Nationwide Environmental Services to take an oath to be dedicated to the highest standards of professionalism, integrity and competence while recognizing their responsibility to their customers, employees, and the public. To learn more about the Certified Sweeping Company designations you can visit our website at www.naP:'SaOnline.com . From here you can download an application to see what the requirements are for Certified Sweeping Companies and to view the naPSa Code of Ethics that Nationwide Environmental Services has pledged to uphold. You may also call our office for assistance and questions regarding Certification. Sincerely, F Amy Allen Administrative Director 1 11 1 w napsa PO Box 2114 Kalamazoo, MI 49003 Phone: (269) 383-MM Fax: (269) 383.6994 www.napsaonline.com �c3 tl0 /jT L1'/L�/P Eiwirv��n�ei�t�/ Services ' INSURANCE COVERAGE r' AGO-RD. CERTIFICATE OF LIABILITY INSURANCE O6/OU2007 05/30/2DATE 00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LDCkton Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE r , 725 S. Figueroa Street, 35th Fl. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA Ucense #0714705 A ER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE Los Angeles CA 90017 (213) 689-OM )SURED 147663 Nationwide Environmental Services INSURER A: U.S. Fire dba: Joe's Sweeping, Inc. INSURER B : St. Paul Fire & Marine Ins. Co. INSURER 11914 Front Street INSURER D, Norwalk CA 90650 r i.IOVERAGES JUESWO] SS i..._ _— ES NTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNITHSTANDING d MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R i L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE D E MMlDD POLICY EXPIRATION DATE MMIDDIYY LIMITS f GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 FIRE DAMAGE (Any one rue $ 300,000 X COMMERCIAL GENERAL LIABILITY 5437105803 06/01/2006 06/01/2007 MED EXP (Any one 10,000 CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 1000 000 GENERAL AGGREGATE $ 1000.000 r GEN'L AGGREGATE LIRRMpIIT.� APPLIES PER: PRODUCTS - COMP/OP AGG S 2 000 000 POLICY X JECT MLOC AUTOMOBILE LIABH.ITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 1337215275 06/01/2006 06/01/2007 Me accident) BODILY INJURY s XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ }{j{}(}{}{}p{ X HIREDAUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S XXXXXXX * (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY: AGG T EXCESS LIABILITY EACH OCCURRENCE S_ 4 000,000 OCCUR X M AGGREGATE $ 4,000,000 XXXXXXX (FORM LIA XXXXXXX s DEDUCTIBLE II S XXXXXXX X RETENTION $ 10,000 WORKERS COMPENSATION AND 4086911061 06/01 /2006 06/01/2007 WC STATU- OTH- X TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 11A EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYE $ 1,000.000 r E.L. DISEASE -POLICY LIMIT 1 $ 1 000 000 OTHER f DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ** 10 Day Notice of Cancellation for Non -Payment of Premium** The City of Vernon, its Officers, Officials, Employees, Agents, Representatives and Volunteers are named as Additional Insureds as their interest may appear as respects General Liability per enhancement endorsement. CE F C E HOLDER X DDITIONAL INSURED• INSURER LETTER: A ANCELLATION IM676231 1876512 SHOULD) ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Vernon DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Ci ty of City: VernonVeisk Management NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL 4305 Santa Fe Ave, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Vernon CA 90058 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I- At;ORD 25-S (7197) Forquestions regarding this cettiNcsts, contact the number listed In the'Producoe section above and speely the client code'JOESIAV. - .e ACORD CORPORATION T aoo FEE INFORMATION STREET SWEEPING SERVICES IN THE CITY OF VERNON DUE DATE: APRIL 4, 2007 @ 3:00 P.M. SUBMITi'ED BY: NATIONWIDE ENVIRONMENTAL SERVICES DIVISION OF JOE'S SWEEPING, INC. 11914 FRONT STREET NORWALK, CA 90650 (562) 860-0604 lVafirMr;�r-vi ir1� Eiviroi�n�ei�fa! 5er vicesFEE INFORMATION CITY OF VERNON CITYWIDE STREET SWEEPING - FEE INFORMATION Total fee each month for all work: $ 10,989.00 Other direct costs by item: $ N/A Hourly fee schedule for special events, emergency sweeps: $ 95.00 April 3, 2007 Never Samuelian, President Date /Vatir�rlrii erg/E E��v�rnnm�ent_a/ 5ervees . _FEE INFORMATION CITY OF VERNON CITYWIDE STREET SWEEPING — FEE INFORMATION Total fee each month for all work: $ 10,989.00 Other direct costs by item: $ N/A Hourly fee schedule for special events, emergency sweeps: $ 95.00 SUPPORTING DOCUMENTS SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 16fl day of July 2007, in the City of Vernon, County of Los Angeles, California. BY AND BETWEEN 0 CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 NATIONWIDE ENVIRONMENTAL SERVICES, hereinafter referred to as the "Contractor" 11914 Front Street Norwalk, CA 90650 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform Citywide Street Sweeping Services; and WHEREAS, Contractor has prepared a proposal dated April 3, 2007, for the Services, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the Citywide Street Sweeping services on a contract basis as defined in the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on August 1, 2007 and will continue in effect for one year unless extended by formal written change order or amendment to this agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: Page 1 of 13 A. "Agreement" shall mean that formally executed Services Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire Agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Nationwide Environmental Services and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Sections 4.01 and 4.02 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the work, except information falling into any of the following categories: Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's, or any entity within Contractor's control, breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from Page 2 of 13 disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. "Work" or "Services" shall mean the services performed by Contractor as more specifically delineated in Section 3 below. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor agrees to perform Citywide Street Sweeping Services according to the Nationwide Environmental Services Proposal dated April 3, 2007. 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City, make changes to extend the work duration and total compensation of Contractor's Work. Changes in the scope of work, or duties and obligations, shall be authorized only by the City. 3.04. City may make changes by increasing, reducing or deviating from the requirements of the scope of Work by formal written change order or amendment to the Agreement. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and shall end when Contractor has completed the Work described in Section 3.01 of this Agreement, unless this Agreement is otherwise terminated according to Section 6 of this Agreement. Method of Performing Services 3.06. Contractor will determine the method, details, and means of performing the above -described Services. Status of Contractor 3.07. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are Page 3 of 13 accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.10. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.11. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.12. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.13. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Paragraph 3.01, City agrees to pay Contractor the amount of Ten Thousand Nine Hundred Eighty Nine Dollars ($10,989.00) per month. Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overheads, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason, except as expressly provided for in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract price shall only be adjusted by formal, written Change Order or amendment to this Agreement. If the City opts to extend the term of this Agreement, Contractor's rates, as listed in this Agreement, shall be increased or decreased by seventy-five percent (75%) of the Consumer Price Index (all Urban Consumers) for the Los Angeles -Riverside -Orange County area for the twelve (12) month period prior to the beginning of each extension. Payment of Compensation 4.03. For Services rendered under Paragraph 3.01 of this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 4.01 of this Agreement on completion of work and within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. Page 4 of 13 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City Administrator or his designee. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established by a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the effected area. 5.03. Contractor will perform the services under this Agreement on City's Premises during prescribed hours or as directed by City. Tools, Materials, and Equipment 5.04. Contractor will supply all tools, materials, supplies and equipment required to perform the Services under this Agreement. Liability Insurance 5.05. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.06. The insurance coverage as listed herein shall be properly endorsed to include those contractual Page 5 of 13 obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.07. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.08. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and that the City is endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. Comprehensive Automobile Insurance, including, but not limited to, all owned, non - owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. 4. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar Page 6 of 13 with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Work under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. 5.12. Contractor declares and states that it has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. Work Injury 5.15. The treatment and care of injuries sustained by Contractor's employees, subcontractors, agents, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid or assistance to Contractor's employees, subcontractors, agents, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.16. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the Contractor's employees working full or part time on the Work; (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's stores, stock or Page 7 of 13 capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.17. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City, gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.18. Contractor agrees that all services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.19. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.20. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.21. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or Page 8of13 part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. Compliance with Authority 5.22. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair Labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person. 5.23. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.24. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.22 and 5.23 of the Agreement. Progress Reports 5.25. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Notice to Contractor and such termination shall be effective in the manner specified in such Notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parries shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event Page 9 of 13 shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may terminate this Agreement by giving written notification to Contractor. Termination will take effect immediately on receipt of notice by the breaching party or three (3) days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to complete the Work specified in Paragraph 3.01 and 3.02 of this Agreement; or B. Contractor's material breach of any representation or provision contained in Section Five (5) of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3`d) day after mailing, whichever occurs first. Page 10 of 13 Contractor: City: Nationwide Environmental Services City of Vernon Attn: Never Samuelian, President Attn: Manuela Giron 11914 Front Street City Clerk Norwalk, CA 90650 4305 Santa Fe Avenue Vernon, CA 90058 Fax: (562) 868-5726 Fax: 323-826-1438 Telephone: (562) 860-0604 Telephone: 323-583-8811, ext 266 Entire Agreement of the Parties 7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibit A, which is attached. In the event of conflict between this Agreement and, any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this. Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall Page 11 of 13 at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators and/or court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. Page 12 of 13 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at ,ij1✓`� _, California, on 7 , 2007. City: City of Vernon ez- �' ' Leoms C, Malburg,l ayor Date: 7 l 7 10 q A tST:4wd _- anuela Giron, CiV Cler APPROVE S TO FORM: Jef Vis;d' City Attorney Contractor: Nationwide Environmental Services Signature: Print Name: Ibvw Sanp7 im Title: > Date: Signature: Print Name: a3zy Title: mate Seamy Date: June 21 2007 Page 13 of 13 EXHIBIT A oklCir STREET SWEEPING SERVICES IN THE CITY OF VERNON DUE DATE: APRIL 4, 2007 @ 3:00 P.M. SUBMITTED BY: NATIONWIDE ENVIRONMENTAL SERVICES DIVISION OF JOE'S SWEEPING, INC. 11914 FRONT STREET NORWALK, CA 90650 (562) 860-0604 s - .11 � TABLE OF CONTENTS Page Introduction Letter of Transmittal 1 ................................................................................. Background and Approach Company Background 2 .............................................................................. Experience & Approach 3 ............................................................................ Methodology OrganizationalChart 4 ................................................................................ Personnel................................................................................................. 5 Staffing.................................................................................................... 6 Work Plan WorkPlan 7-8 ................................................................................................ Related Experience References.............................................................................................. 9 Fee Information PriceSheet............................................................................................. Sep Env. Other Information Featured Contractor of the Month -December 2006 10 .................................... naPSa Certification 11 ................................................................................... Insurance Coverage Certificate Insurance 12 of ........................................................................... %1/ativlliwide Environnlenta/ Services �Tsl 011144 0• Mr. Samuel Kevin Wilson, P.E. Director of Community Services & Water City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Re: Street Sweeping Proposal Dear Mr. Wilson: Nationwide Environmental Services (NES) is one of the first cef Wheal street sweeping contractors in the nation, and has been proudly serving the City of Vernon for the past eight years. In addition, we have been providing street sweeping services to over 40 municipalities in the Southern California regions since 1968. As a division of 3oe's Sweeping, Inc., NES pledges to continue to provide the excellent and professional service m that, historically, has been proven to be our company's most distinguishing attribute. NES believes to be the most qualified company to provide street sweeping services to the City of Vernon. NES has over 35 years of experience, is currently servicing the City, and is committed to providing quality street sweeping services utilizing state-of-the-art equipment with a dedicated staff to ensure a clean, healthy and safe environment. NES is looking forward to continuing to provide street sweeping services to the City of Vernon. If you have any questions, please feel free to contact me at (562) 860-0604. Thank you for your consideration. Sincerely, ever Samuelian President 11914 Front Street • Norwalk, California 90650 • (562)-860-0604 • Fax (562)-868-5726 www.nes-sweeping.com BACKGROUND & APPROACH Natioihwic/e Environn�enta/ ServicesCOMPANY BACKGROUND Nationwide Environmental Services (NES), a division of Joe's Sweeping, Inc., was founded in 1968 by Joe Samuelian to provide parking lot sweeping services. Joe's mission statement at the time was "To provide quality sweeping services utilizing the latest state-of-the-art equipment and creating the highest level of customer service available." From a single sweeper company to a fleet of more than 70 sweeping and cleaning vehicles, serving over 40 municipalities, that mission statement is as true today as it was over 35 years ago. i Our extensive fleet of sweeping and cleaning vehicles continues to maintain municipalities, residential communities, business parks, parking facilities, construction x sites, and sporting complexes. Our current contracts cover street sweeping services within the greater Los Angeles area, and the surrounding areas of Orange County, Ventura, San Bernardino, and Riverside with populations ranging from 10,000 to 200,000. Our high level of customer service along with our reputation of providing quality services has been acknowledged by WorldSweeper.com who has featured NES as the contractor of the month for December 2006. NES was selected from over 5,000 U.S. sweeping contractors. In addition, NES was one of the first sweeping companies to attain the status of Certified Sweeping Contractor in the nation through the north amencan Power Sweeping association (naPSa). (See Attached) Our clean, efficient street sweeping services enhance a community's appearance. NES provides consistent and thorough sweeping services, thereby, ensuring a cleaner environment in which to reside and work. This type of environment promotes community pride and helps increase property values. At NES we realize the importance of a clean and dependable fleet. Our vehicles are routinely cleaned and inspected which allows us to consistently present a positive image. Our truck mechanics are highly qualified and every driver is a trained professional. Everyone at NES is dedicated to keeping our fleet on the road and on time. Our motto is "Service First," which ensures, you the client, when a NES truck is in your community it is serious about keeping your community clean. Our dedicated staff is committed to serving the community in the most environmental, I safe, and efficient manner possible. We take great pride in our fleet and we make certain our customers and residents are satisfied with our sweeping performance. 2 Environne�ta/ ServicesEXPERIENCE & APPROACH Nationwide Environmental Services (NES) general work plan to meet street sweeping requirements for the City of Vernon incorporates a well -managed administration and operational structure supported by interdepartmental team work. NES' Operation's Manager will meet with the City representative to examine and evaluate the sweeping schedule according to contract specifications and schedules. Our sweeping practices include: picking up mud, dirt, sand, paper, leaves, grass, and miscellaneous debris. NES understands the requirements as stated in the RFP and will adhere to all of the specifications. NES is familiar with the scope of services as we have been servicing the City for the past eight years. NES has a fleet of over 70 sweeping and cleaning vehicles in excellent condition and maintained on a daily basis. Employees are experienced, trained and expected to make a Clean Sweep (i.e., passes required to eliminate debris from all areas) of all streets. Employees fully understand their responsibilities and debris not picked up by the street sweeper will be hand swept by the driver before leaving the area. i NES employs a state-of-the-art 24 hours -a -day dispatch service should the need for re - sweeping or emergency requests arise. All employees wear company issued uniforms, r. which we believe is just one-step in preventing possible injury due to loose or unacceptable clothing attire. It is our company's policy to provide our employees with proper safety training, therefore, all employees attend regularly scheduled company safety meetings to ensure proper safety standards are being met for a safe work place. All company managers and supervisors have been employed with NES for over 15 years. They understand the importance of quality work and they make sure each and every employee is well trained to provide excellent services to our customers. Moreover, a we schedule group and individual meetings on a regular basis to evaluate our F employees' performances and discuss any issues that need to be addressed. 3 s METHODOLOGY lVatioeh�ide Enviratimei�ta/ Services Suzy Samuelian Executive Secretary ORGANIZATIONAL CHART Never Samuelian President/Treasurer Joe Samuelian Vice President Ani Samuelian Director/Accounting Manager Marlene Melchor Office Manager/Accounting Assistant Administration and Clerical Staffing Olga Bombela Customer Service Francisco Gandara Lead Mechanic Cheryle Parson Human Resources Nejteh Der Bedrossian Operations Manager Jorge Lopez Assistant Manager/Dispatch Gary Der Bedrossian Field Operations Supervisor Fleet Operators Mechanics 4 %lla tivrl� wide En uirorin�e�i tal 5er vices PERSONNEL NES maintains a drug -free workplace and employs a staff of over 60 sweeper operators including back-up personnel. This method of employing back-up sweeper operators allows NES to manage personnel changes without sacrificing the quality of service to any one of our customers. At NES, employees are trained and competent to assure quick response along with professional services. Nonetheless, employees are knowledgeable about correct sweeping practices; therefore, they sweep each route according to the contract specifications and provide high quality services, a basic standard of NES, NES provides 24/7 on -call street sweeping dispatch services, thus allowing us to respond immediately to emergencies or requests for service. Our customer service representatives offer immediate action to requests and complaints with follow-up responses within minutes. Employees are equipped with digital two-way radios which allows NES the capability of communicating with its employees. NES has been known for its remarkable quality of service and stands above all others in the industry by providing excellent customer service. Ani Samuelian/Director and Nejteh Der Bedrossian/Operations Manager will manage and supervise the street sweeping contract with the City of Vernon. Both individuals are highly trained and experienced in maintaining the highest level of customer service by focusing on guaranteed satisfaction. This experience is enhanced by their many years and excellent skills in the fields of marketing and customer service. Together their goal is to provide immediate response to service requests, billing or contract issues. Currently, both individuals oversee and administer over 40 street sweeping contracts in the Southern California area. 5 Executive: ao�,wR a.beasuKeq�a V ■ AFFING Never Samuelian Joe Samuelian Ani Samuelian Suzy Samuelian Administrative: Cheryle Parsons Marlene Melchor Olga Bombela Clerical Personnel Operations: Mechanics: Nejteh Der Bedrossian Jorge Lopez Gary Der Bedrossian Fleet Service Operators Javier Gandara Mechanics President/Treasurer Vice President Director/Accounting Manager Executive Secretary Human Resources Office Manager/Accounting Assistant Customer Service Operations Manager Assistant Manager/Dispatch Field Operations Supervisor Lead Mechanic 0 Na tivn wide Envervnniei�ta/ Services ' WORK PLAN /Va tivil� wic/e Environn�er� ta/ 5erv�cesWORK PLAN Scone of Work NES will provide regular scheduled sweeping services for all curb and gutter segments of all public streets and public alleys within the City of Vernon. Sweeping services will include curbs and gutters along all streets and raised center median islands and the full width of all alleys. NES will sweep approximately 106 curb miles per week. NES will furnish all necessary personnel, vehicles, equipment, supplies and tools needed in support of the scope of services. Frequency & Quantity of Services NES will provide sweeping services for the entire City, per Exhibit A. All streets will be swept once per week and sweeping will be completed within the hours of 10:00 pm to 5:00 am. Sweeping will be performed Monday through Thursday, excluding City and Federal holidays. If a holiday falls on a scheduled sweeping day, the areas will be swept either one day before or after the regularly scheduled sweeping day. All street sweepers utilized in the City of Vernon will be equipped with a GPS tracking system (Teletrac). The GPS tracking system will be web -based and the City will have _ access to the website in order to verify service delivery, research complaints and answer resident and business questions. The GPS tracking system will provide location, date, time and speed of the street sweepers. Vehicle Information NES' street sweepers and equipment are cleaned and maintained on a daily basis. All vehicles are inspected daily for safety and inspection records are maintained. NES meets all applicable local, state and Federal air quality laws, rules and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 & 1186.1. NES will utilize a 2004 Tymco 600 Street sweeper, fueled with CNG in the City of Vernon. NPDES NES meets all applicable local, state and Federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Los Angeles County National Pollution Discharge Elimination System Permit as it relates to street sweeping practices and all Best Management Practices set forth by the City in compliance with NPDES requirements. NES provides consistent and thorough sweeping services, thereby, ensuring not only a cleaner environment in which to reside and work, but additionally, assists communities in diverting debris from storm drain systems. The diversion of debris is an important - step in meeting NPDES (National Pollutant Discharge Elimination System) mandates. 7 s ' WORK PLAN Customer Service/Re-sweeps NES will perform sweeping services in a professional and courteous manner and will not cause any inconvenience to the residents and businesses in the City of Vernon. If a complaint is received, NES will immediately investigate the complaint and will provide the City with a written report with the resolution of the complaint within 7 business days from the date the complaint was received. Re -sweeps will be performed at the expense of NES and the response time will be within 24 hours after notification by the City. Arterial and parking lot re -sweeps will be completed prior to 7:00 am following the day after notification. High profile re -sweeps, including high profile arterial areas will be completed prior to 3:30 pm the same day of notification by the City. NES will notify the City upon completion of a re -sweep. Waste Diversion and Recycling NES will be responsible for the collection, hauling and disposal of all materials collected during sweeping operations. NES will transport all the debris collected from street sweeping to our facility in Norwalk. Fifty percent (50%) of the debris will be hauled away by Community Recycling and the remainder of the debris will be transported to Puente Hills Landfill. NES will prepare and submit quarterly reports to the City which will include the amount of debris collected and recycled with copies of weight tickets for each load. In addition, daily sweeping logs will be maintained with the following information: 1. Street swept, date of sweeping i & 2. Operator's name I Type of sweeper, sweeper number 4. Mileage of each street 5. Amount of debris collected Quality of Work NES will provide sufficient vehicles, equipment and staff to accomplish a high level of quality street sweeping services. NES will make certain all debris and dirt is removed from City streets. If a deficiency is discovered by the City, NES will re -sweep the area within 24 hours. Additional & Emergency Services NES will provide additional sweeping services for special events, spills, unusual conditions and emergency requests at the hourly rate indicated on the price sheet. The response time for emergency requests will be within two (2) hours of notification by the City. RELATED EXPERIENCE U) V o Z ui V U f0 LY W a'•v c c c am m Ln L-_ a� E Ln Z N 0.� � O c 0 6 U C . .� n c0 cm L CD (d L C � v N O C ca 0 ` fo CM � Q- W .5 0 O O o o am a�'ia�iccvl�- rt V)- N Clfa . C N C :2 O O = N V O w m t i 4 N O � � •3=cap cn m r Qafu � 4- ®" o o 0 U.c ' CL c •- L Lam.. LU Ca. fn z CL 0 O c ,Z30 O c �O O c :,_,o VA ( m aa� a a�n n CL (A d— 00O` 0 c 0 0 c O ~ N (A 70 — � Ln 0) (A N C i 0 >U-0 W >U-0 '- a)Cl >LLO .� ' OL y 0 + O 0+ 0 O N+ 0 O N ce (a =) CL M cn � cn �v)N57(nN cnM ON 9.0 en t0 u1 N N a% ON d M N 00 00 N N K to M 00 00 0, a% =LL Vd- MM MN 0. ..4 7-4 N N r tD to LUl X X X aUi aUi au�. L C CL i y�( ` :3 to L O IV _ 4- `0 � a,3 O CL 0- 0 s_ f6 4- O O O V Qj _ O U 0�. Wa��i cn En n c'n �- C9 0 o 3qr �o V (p Q(31Q a O m O p� � Z �C 22 p C to C) C N=pNi,�-ice O o +NiZ U 0) 01 cn C O a) a a� M o V) cn cn 4) c� E .m O � p � ,.� v) a' c cn o o alo_rn cn O- �y �_rn a,ZQoi V N O •V aj O •u aj O •U aj C O C i>,. :3 C cU�ui 0xin U2:tn 'd R c .E L 4W c V A c O c fQ IA t V i c O c O .c W ._ O m Z 0 OTHER INFORMATION Press Release For: Nationwide Environmental Services For More Company Information Contact: Ani Samuelian, Director Nationwide Environmental Services 11914 Front Street Norwalk CA 90650 Phone: (562Z860-0604 Email: ani(a�nes-swegping.com FOR IMMEDIATE RELEASE NATIONWIDE ENVIRONMENTAL SERVICES FEATURED AT WORLDSWEEPER.COM, SWEEPING INDUSTRY'S LARGEST PROFESSIONAL RESOURCE Norwalk, California, December 2006 — Nationwide Environmental Services was recently honored as one of only 12 contractors in the U.S. to be named `Contractor of the Month' for 2006 at WorldSweeper.com, the power sweeping industry's premier information and professional online resource. Nationwide Environmental Services was chosen from among over 5,000 U.S. sweeping industry contractors for this honor. The reasons cited by the editorial board of WorldSweeper.cont included Nationwide Environmental Services' overall contributions to the power sweeping industry, including the company's leadership in becoming one of the first sweeping contractors in the U.S. to become a Certified Sweeping Contractor under the stringent guidelines of the North American Power Sweeping Association. The honor is also a recognition of professionalism exhibited in Nationwide Environmental Services' approach to providing high -quality level of sweeping services to municipalities, residential communities, business parks, parking facilities, refineries and construction sites in the Los Angeles, Orange, Riverside, Ventura, and San Bernardino Counties. Nationwide Environmental Services has been in business since 1968 and has become the preferred provider of street sweeping services through their excellent customer support programs and use of the best and newest equipment available in the industry. Customer satisfaction has long been the ultimate goal of everyone at Nationwide Environmental Services. north american Power Sweeping association Dear Valued Customer, The north american Power Sweeping association is proud to announce that Nationwide Environmental Services has just been awarded the designation of Certified Sweeping Company. - About naPSa, we are a non-profit organization committed to distributing pertinent sweeping industry information and valuable resources to our members. We are here to provide the street and parking area sweeping industry with an association that will make a difference. To become a CSC, Nationwide Environmental Services had to undergo an application process that qualified them under strict guidelines including: safety, experience, continuing education, vehicle maintenance, driver training and adherence to naPSa's code of ethics. The naPSa Code of Ethics requires Nationwide Environmental Services to take an oath to be dedicated to the highest standards of professionalism, integrity and competence while recognizing their responsibility to their customers, employees, and the public. To learn more about the Certified Sweeping Company designations you can visit our website at www.naPSaOnline.com . From here you can download an application to see what the requirements are for Certified Sweeping Companies and to view the naPSa Code of Ethics that Nationwide Environmental Services has pledged to uphold. You may also call our office for assistance and questions regarding Certification. Sincerely, —W,Q" Amy Allen z Administrative Director TVV anap, so E,Ef "WIE9; " a �tNal" �iY' C f PO Box 2114 Kalamazoo, MI 49003 Phone: (269)38345993 Fax: (269) 383-6994 www.napsaonline.com HE FAMSQAar 1 r ®oudd—a�� sumPkv. Mc INSURANCE COVERAGE - , ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/01/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Lockton Insurance Brokers, Inc. ONLY NTHIS SCERTIFICATE FICATENFERS NO I GHTS UPON THE HOLD DOES NOT AMEN 725 S. Figueroa Street, 35th Fl. .. -rm rua r A%1I=Den1= AFFORDED BY THE. CA License #0714705 Los Angeles CA 90017 (213) 689-0065 _- *SURED Nationwide Environmental Services )47663 dba: Joe's Sweeping, Inc. 11914 Front Street Norwalk CA 90650 A: INSURERS AFFORDING COVERAGE DATE (MWDDIYY) 05/30/2006 4FORMA-1ION CERTIFICATE EXTEND OR INS RER E THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUI! isOVERAGES JOESWOI S5 INSURERISI AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Dni irrtcc nr_r_PFr;ATF I IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R. GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 5437105803 CLAIMS MADE [j] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 3... 1-1 oon_ r--- I AUTOMOBILE LIABILITY 4 X ANY AUTO 1337215275 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNEDAUTOS x FIGARAGE LIABILITY , ANY AUTO NOT APPLICABLE i ` EXCESS LIABILITY sB X 1 OCCUR CLAIMS MADE QK04500222 UMBRELLA DEDUCTIBLE X FORM X RETENTION $ 10,000 ILA WORKERS COMPENSATION AND 4086911061 EMPLOYERS' LIABILITY I OTHER 06/01/2006 1 06/01/2007 06/01/2006 1 06/01/2007 06/01/2006 1 06/01/2007 06/01/2006 1 06/01/2007 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY $ X7CXXXXX (Per person) BODILY INJURY $ XXXX}{xx (Per accident) PROPERTY DAMAGE S XXXXXXX (Per accident) OTHER THAN AUTO ONLY: S DISEASE -POLICY LIMIT 1 $ i ;DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ** 10 Day Notice of Cancellation for Non -Payment of Premium** The City of Vernon, its Officers, Officials, Employees, Agents, Representatives and Volunteers are named as Additional Insureds as their interest may appear as respects General Liability per enhancement endorsement. I 14 CERTIFICATE HOLDER 1876512 Vernon r City of Vernon _ Attn: Risk Management 4305 Santa Fe Ave. Vernon CA 90058 ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed in the'Producee section above and specify the client code SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE o ORD CORPORATION 1988 COPY FEE INFORMATION STREET SWEEPING SERVICES IN THE CITY OF VERNON DUE DATE: APRIL 4, 2007 @ 3:00 P.M. SUBMITTED BY: NATIONWIDE ENVIRONMENTAL SERVICES DIVISION OF JOE'S SWEEPING, INC. 11914 FRONT STREET NORWALK, CA 90650 (562) 860-0604 Natorhwicle Envirbiin�eirta/ FEE • CITY OF VERNON CITYWIDE STREET SWEEPING — FEE INFORMATION Total fee each month for all work: $ 10,989.00 Other direct costs by item: $ N/A Hourly fee schedule for special events, emergency sweeps: $ 95.00 Never Samuelian, President April 3, 2007 Date BE DMIL�UYIKN � s FEE INFORMATION CITY OF VERNON CITYWIDE STREET SWEEPING — FEE INFORMATION Total fee each month for all work: $ 10,989.00 Other direct costs by item: $ N/A Hourly fee schedule for special events, emergency sweeps: $ 95.00