Resolution No. 9713KA
3
4
5
6
7
8
9
10
11
IWA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9713
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, Nationwide Environmental Services ("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 September 11, 2008, has recommended that an
agreement with Nationwide be approved for Citywide street sweeping
services effective October 1, 2008; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Nationwide for Citywide
street sweeping services to enhance services provided to the Vernon
Community.
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
approves the Services Agreement with Nationwide, a copy of which is
attached hereto as Exhibit A and incorporated by reference.
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 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
Agreement to:
Nationwide Environmental Services
Attn. Never Samuelian, President
11914 Front Street
Norwalk, CA 90650
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 6th day of October, 2008.
ATTEST:
MANUELA GIRON, ity Clerk
Name: Leonis C. Malburg
Title: Mayor / Mayes -fie -Tex
- 2 -
1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9713, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, October 6, 2008, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
10
11
MANUELA GIRO City Clerk
12
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
EXHIBIT A
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 6th day of October, 2008, in the City of Vernon, County
of Los Angeles, California
BY AND BETWEEN
AND
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 (the "Services"),
and
WHEREAS, Contractor has prepared a proposal dated August 28, 2008,
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, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with
Contractor to provide the Services on a contract basis as defined in the terms and
conditions set forth below.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Page 1 of 19
SECTION 1. TERM OF CONTRACT
1.01. This Agreement will become effective on October 1, 2008 (the "Effective Date")
and will continue in effect for one (1) year and expire at the close of business on
the day prior to the first anniversary of the Effective Date (the "Term"); provided,
however that on every anniversary of the Effective Date, this Agreement shall
automatically, and without the need for any action or notice by either party, renew
for an additional term of one year, on the same terms and conditions as this
Agreement, unless either party to this Agreement notifies the other in writing to
the contrary at least thirty (30) days prior to the applicable anniversary date and a
formal written change order or amendment to this Agreement is executed, or until
terminated as provided in this Agreement.
SECTION 2. DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed 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
Section 4.01 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
Page 2 of 19
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, 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 disclosing such
information to others.
"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.
"Work" or "Services" shall mean the work performed by Contractor and
required to be performed from time to time by City under this Agreement.
Page 3 of 19
SECTION 3. SERVICES TO BE PERFORMED BY
CONTRACTOR
Specific Services
3.01. Contractor agrees to perform the Services more specifically detailed in the
Proposal attached hereto as Exhibit "A" and incorporated herein by this
reference.
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 only 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 change order or amendment to the
Agreement. A form of Change Order is set forth in Exhibit B attached hereto and
incorporated by reference.
Timing of Services
3.05. Contractor's Services shall commence upon the execution of this Agreement by
both parties and award by the City Council of the City 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 or extended according to the conditions and terms set forth in this
Agreement.
3.06. Time is of the essence for all Work contemplated by this Agreement. Contractor
shall start performing Services under this Agreement only after notification by the
City.
Method of Performing Services
3.07. Contractor will determine and is responsible for the method, details, and means
of performing the above -described Services.
Page 4 of 19
Status of Contractor
3.08. 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 accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.09. 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
3.10. 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.
3.11. 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.
3.12. 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
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's proposal (the "Contract Price"). The Contract Price shall not
Page 5 of 19
exceed Eleven Thousand Nine Hundred and no/100 Dollars ($11,900.00) 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 set forth 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.
Payment of Compensation
4.03. For Services rendered under Section 3 of this Agreement, City agrees to pay
Contractor the sum set forth in Paragraph 4 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.
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 in 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.
Page 6 of 19
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 affected 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 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 are 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:
Page 7 of 19
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.
5.09. Contractor agrees to provide insurance in the amounts and forms specified
above. Contractor shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Agreement. Contractor shall not commence
performance of its Work under this Agreement until the above insurance has
been obtained and proof of insurance has been filed with and approved by the
City.
5.10. Contractor shall not permit a subcontractor or vendor to perform work on City
premises unless and until a certificate of insurance is obtained showing that such
subcontractor or vendor has worker's compensation coverage. If Contractor
employs subcontractors as part of the Services rendered, Contractor's protective
coverage is required. Contractor may include all subcontractors as insureds
under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth above.
Page 8 of 19
Representations
5.11. 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.
5.12. 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 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.
5.12. Contractor represents that it has the qualifications and skills necessary to
perform the Services 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.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
5.13. Contractor declares and states that is 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.
5.14. 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
Page 9 of 19
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 or based on any claim that any software program or other product
used or furnished by Contractor in the performance of this Agreement constitutes
an infringement of any United States patent or copyright.
5.15. 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.
5.16. At all times while Work is being performed on the Premises each party 'shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
Work Injury
5.17. The treatment and care of injuries sustained by Contractor's employees,
subcontractors, 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 facilities or assistance to Contractor's employees,
subcontractors, representatives or other personnel, or out of the failure to furnish
such facilities or assistance.
Records, Inspection and Audit
5.18. 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 total time distribution of the Contractor's employees working
full or part time on the Work (to permit tracing to payroll payments in cash); (b)
Page 10 of 19
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or 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
5.19. 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
5.20. 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
5.21. 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.
Page 11 of 19
Treatment of Confidential and Proprietary Information
5.22. 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.
5.23. 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 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.
5.24. Except as expressly permitted by prior written consent of the City, Contractor
and/or its subcontractors shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any part of such
Confidential Information to any other person or entity. Contractor and/or its
subcontractors shall return any written Confidential Information and all copies
made of such items to the City upon the City's written request, but in any event
not later than the date that Contractor has performed all Work to be performed
pursuant to this Agreement. Contractor hereby agrees that such Confidential
Information and any documents provided maybe used by Contractor and/or its
subcontractors only as authorized by the City. Contractor shall include a
provision in its agreements with subcontractors that binds the subcontractors to
this non -disclosure requirement.
5.25. All reports, plans, data, studies, maps, drawings, models, photographs,
documents and other writings prepared by and for Contractor, its officers,
employees, agents and subcontractors in the course of implementing this
Agreement, with the exception of working notes, internal documents and
Confidential Information provided by businesses located in City, shall be
considered the property of City. Contractor shall deliver such documents and
materials to the City as they are generated; however, Contractor may take and
retain copies of said documents and materials that are not Confidential
Information, as desired.
5.26. All reports, information, data and exhibits prepared or assembled by Contractor
Page 12 of 19
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.27. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor.
Compliance with Authority
5.28. 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, color, creed, religion, sex, sexual
preference, age or national origin.
5.29. 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.
5.30. 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 5.28 and 5.29 of
the Agreement.
Progress Reports
5.31. 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.
Contractor's License Classification
5.32. Contractor shall possess all appropriate licenses for the duration of 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
Page 13 of 19
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 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 immediately terminate this Agreement
by giving written notification to Contractor indicating the effective date of such
termination. Termination will take effect immediately upon the date specified in
the notification. For the purposes of this paragraph, material breach of this
Agreement includes, but is not limited to, the following:
Page 14 of 19
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 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
any breach or default 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 (3rd) day after mailing, whichever occurs first.
Contractor:
City:
Nationwide Environmental Services City of Vernon
Attn: Never Samuelian, President Attn: City Administrator
11914 Front Street 4305 Santa Fe Avenue
Norwalk, CA 90650 Vernon, CA 90058
Fax: , 562-868-5726 Fax: 323-826-1438
Telephone: 562-860-0604 Telephone: 323-583-8811
Page 15 of 19
Entire Agreement of the Parties .
7.02. This Agreement supersedes 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.
Page 16 of 19
The parties hereby irrevocably waive any and all rights to the contrary and shall
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 or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
Page 17 of 19
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. Except as may otherwise be specifically provided herein, this Agreement may be
modified or amended only by a written document executed by both Contractor
and the City and approved as to form by the City's City Attorney.
7.09. 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 18 of 19
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
City:
City of Vernon
Name: Leonis C. Malburg, Mayor
Date:
APPROVED AS TO FORM:
Jeff A. Harrison, City Attorney
Contractor:
Nationwide Environmental Services
Name Never Samuelian
Title: President
ATTEST:
Manuela Giron, City Clerk
Name: Suzy Samuelian
Title: Corporate Secretary
Date: Date:
Page 19 of 19
PROPOSAL
FOR
STREET SWEEPING SERVICES
IN THE
CITY OF VERNON
SUBMITTED: AUGUST 28, 2008
SUBMITTED BY:
NATIONWIDE ENVIRONMENTAL SERVICES
DIVISION OF JOE'S SWEEPING, INC.
11914 FRONT STREET
NORWALK, CA 90650
(562) 860-0604
Experience& Approach............................................................................ 2
OrganizationalChart................................................................................. 3
Personnel................................................................................................. 4
Staffing.................................................................................................... 5
WorkPlan................................................................................................ 6-7
References............................................................................................... 8
FeeInformation....................................................................................... 9
�Nativi� wide
�Eiiirvi�nen ta%
5eruice5 'COMPANY BACKGROUNI
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 30 municipalities, that mission statement is as true today
as it was over 40 years ago.
Our extensive fleet of sweeping and cleaning vehicles continues to maintain
municipalities, residential communities (HOA), business parks, parking facilities,
construction sites, private companies, various unified school districts and all the
employee and bus divisions at various locations for the Los Angeles Metropolitan
Transportation Authority. 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 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.
1
Nativ wic/e
�Enuirvnmenta/
5e-ruice5 'EXPERIENCE & APPROACI
Nationwide Environmental Services (NES) general work plan to meet street sweeping
requirements for the City of Vernon incorporates a weld -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 nine 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.
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
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,
we schedule group and individual meetings on a regular basis to evaluate our
employees' performances and discuss any issues that need to be addressed.
2
C
10
Cs9'F��
O
c u
�� m
(nY
c=
G
U) d m
d d
C =
�. IW
D U
FA
i
2
u c
al 0
-
u
U
f u
d Q
d i
m C1
mc
c
c +N
i
•C •N
N
G
O t
c �
c
V
u U
Q
Q
A
N�trvr� wide
E�ruironnenta%=
5erurce5 PERSONNEI
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/Vice
President/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.
51
�Na tion wide
5eruice's ' ,FFI
Tn
Executive:
Never Samuelian
Joe Samuelian
Ani Samuelian
John Ozonian
Suzy Samuelian
Administrative:
Operations:
Mechanics:
Marlene Melchor
Cheryle Parsons
Sylvia Ozonian
Lucy Samuelian
Nejteh Der Bedrossian
George Ramirez
Alex Pena
Gary Der Bedrossian
Yen Adjoian
Jerry Gonzalez
Brian Hanel
President/Treasurer
Vice President
Vice President/Director
General Manager
Corporate Secretary
Office Manager/Accounting Manager
Human Resources
Accounting Assistant
Customer Service Manager
Accounting Clerks
Customer Service Clerks
Clerical Personnel
Operations Manager
Operations Supervisor
Assistant Supervisor
Field Supervisor
Bus Stop Maint. Manager
Lead Workers
Fleet Service Personnel
Sweeper Operators
Bus Stop Maint. Personnel
Lead Mechanic
Mechanics
Parts Manager
5
Ew�ronn�ental
5eraurtes 'WORK 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 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.
3
'N� tivi,�� wide
�E��uirvnnei�ta%=
5era�ices°'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
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.
7
uj
Z
ce
ui
U.
T�V
r-M
it
p1
Q
(3)
.4J
V)
U)
()
O
d
U)
W
z
U
c
N
ro
Q
.E
E
a�
O
1�
I�
I^
ono
�u
C V)C
Ln
(n
Ln
C cA
O C
O C
O C
Z, OI
U
O
U
}, O
Q Q
O Q
O -40
_
=
C
�
Vl
1--I (o
N N
1--1 ro
V N
I--i
(AA N
u
CL L
>
L OLL
CL
.r, C
a
oy
LL 0
0 1
> LL 0
0 1
> LL 0
0 1
oar
l oar
l oar
ro � Ln
(0 =3
rru cn
�LnN
rLLnN
U)M
t0
0)
U-)
l,0r,
LLr)�
TT
d
L?L!7
N
G7
M n
00 OD
N
C; K
Ln M
00 CO
M Or
n"L
ry N
N N
to to
Lr)�
dX
X
X
LL
a LL
a LL
L
O
de
LL
06
Q
L
cn
4-0
(n
U
O
Vf
(
U O
� �
Qd
_
L
O
0
(n
U
_
U
p O
V
c
0
4�
r° Ln
� �
fu
(D 0
_j
SA
U
m p
-0
> Ln
V
0'
m ko
N M
i Q
O
`°Q
c% mCU
>U
0U
Q
foo
m
L71
z Y
o+-V-o
°�
o
o
�1
C
cn
U
�
� Q
d
Q.
E. $
m
N
N
lL�
(U
Q LnO
—
U')
Ln
r�
4--1
4.
LI
°
0 al
o
0)
0)
U
.a
O U N
.g
O Qj
� .a-
O U N
;U
U�in
U�in
U�in
..,
Na t�'v � wide
�Enu�rvnmen.ta/
5eruice5 'FEE INFORMATION
CITY OF VERNON
CITYWIDE STREET SWEEPING — FEE INFORMATION
Base Monthly Rate:
Other direct costs by item:
$ 11,900.00
$ N/A
Hourly fee schedule for special events, emergency sweeps: $ 95.00
E
EXHIBIT B
CITY OF VERNON Exhibit B
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO: CONSULTANT
REQUESTED BY:
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally included in the agreement.
Agreement Amount (Base Bid ................:............................
$
Amount of This Change Order
$
Amount of Previous Change Orders
$
Total Change Orders
$
Modified Agreement Amount
.............................................
$
By reason of this change order the time of
completion will be a usted as follows:
Approved: Date:
Director of Community Services & Water
Attest: Date:
Manuela Giron, City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the
work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
c: Project File/Consultant/Purchasing
Exhibit B
_dk, — .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 21, 2008
Nationwide Environmental Services
ATTN: Never Samuelian, President
11914 Front Street
Norwalk, CA 90650
Re: Services Agreement for Citywide Street Sweeping Services
Dear Mr. Samuelian:
The insurance requirements have been met. Transmitted herewith is a
fully executed agreement as referenced above, approved by City Council
on October 6, 2008, through Resolution No. 9713.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
Nel y Gi o
City Clerk
NG:dr
c: S. Kevin Wilson
Purchasing Department
Resolution No. 9713
Agreement File No. 08-092
E ,c(usive(y Industria(
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 6t" day of October, 2008, in the City of Vernon, County
of Los Angeles, California
BY AND BETWEEN
AND
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 (the "Services"),
and
WHEREAS, Contractor has prepared a proposal dated August 28, 2008,
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, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with
Contractor to provide the Services on a contract basis as defined in the terms and
conditions set forth below.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Page 1 of 19
SECTION 1. TERM OF CONTRACT
1.01. This Agreement will become effective on October 1, 2008 (the "Effective Date")
and will continue in effect for one (1) year and expire at the close of business on
the day prior to the first anniversary of the Effective Date (the "Term"); provided,
however that on every anniversary of the Effective Date, this Agreement shall
automatically, and without the need for any action or notice by either party, renew
for an additional term of one year, on the same terms and conditions as this
Agreement, unless either party to this Agreement notifies the other in writing to
the contrary at least thirty (30) days prior to the applicable anniversary date and a
formal written change order or amendment to this Agreement is executed, or until
terminated as provided in this Agreement.
SECTION 2. DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed 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
Section 4.01 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
Page 2 of 19
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 disclosing such
information to others.
"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.
"Work" or "Services" shall mean the work performed by Contractor and
required to be performed from time to time by City under this Agreement.
Page 3 of 19
SECTION 3. SERVICES TO BE PERFORMED BY
CONTRACTOR
Specific Services
3.01. Contractor agrees to perform the Services more specifically detailed in the
Proposal attached hereto as Exhibit "A" and incorporated herein by this
reference.
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 only 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 change order or amendment to the
Agreement. A form of Change Order is set forth in Exhibit B attached hereto and
incorporated by reference.
Timing of Services
3.05. Contractor's Services shall commence upon the execution of this Agreement by
both parties and award by the City Council of the City 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 or extended according to the conditions and terms set forth in this
Agreement.
3.06. Time is of the essence for all Work contemplated by this Agreement. Contractor
shall start performing Services under this Agreement only after notification by the
City.
Method of Performing Services
3.07. Contractor will determine and is responsible for the method, details, and means
of performing the above -described Services.
Page 4 of 19
Status of Contractor
3.08. 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 accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.09. 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
3.10. 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.
3.11. 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.
3.12. 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
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's proposal (the "Contract Price"). The Contract Price shall not
Page 5 of 19
exceed Eleven Thousand Nine Hundred and no/100 Dollars ($11,900.00) 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 set forth 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.
Payment of Compensation
4.03. For Services rendered under Section 3 of this Agreement, City agrees to pay
Contractor the sum set forth in Paragraph 4 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.
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 in 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.
Page 6 of 19
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 affected 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 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 are 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:
Page 7 of 19
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.
5.09. Contractor agrees to provide insurance in the amounts and forms specified
above. Contractor shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Agreement. Contractor shall not commence
performance of its Work under this Agreement until the above insurance has
been obtained and proof of insurance has been filed with and approved by the
City.
5.10. Contractor shall not permit a subcontractor or vendor to perform work on City
premises unless and until a certificate of insurance is obtained showing that such
subcontractor or vendor has worker's compensation coverage. If Contractor
employs subcontractors as part of the Services rendered, Contractor's protective
coverage is required. Contractor may include all subcontractors as insureds
under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth above.
Page 8 of 19
Representations
5.11. 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.
5.12. 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 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.
5.12. Contractor represents that it has the qualifications and skills necessary to
perform the Services 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.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
5.13. Contractor declares and states that is 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.
5.14. 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
Page 9 of 19
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 or based on any claim that any software program or other product
used or furnished by Contractor in the performance of this Agreement constitutes
an infringement of any United States patent or copyright.
5.15. 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.
5.16. At all times while Work is being performed on the Premises each party shall be
represented thereon by a designated representative. Each party may notify the
other in writing of the identity of such persons from time to time.
Work Injury
5.17. The treatment and care of injuries sustained by Contractor's employees,
subcontractors, 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 facilities or assistance to Contractor's employees,
subcontractors, representatives or other personnel, or out of the failure to furnish
such facilities or assistance.
Records, Inspection and Audit
5.18. 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 total time distribution of the Contractor's employees working
full or part time on the Work (to permit tracing to payroll payments in cash); (b)
Page 10 of 19
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or 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
5.19. 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
5.20. 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
5.21. 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.
Page 11 of 19
Treatment of Confidential and Proprietary Information
5.22. 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.
5.23. 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 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.
5.24. Except as expressly permitted by prior written consent of the City, Contractor
and/or its subcontractors shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any part of such
Confidential Information to any other person or entity. Contractor and/or its
subcontractors shall return any written Confidential Information and all copies
made of such items to the City upon the City's written request, but in any event
not later than the date that Contractor has performed all Work to be performed
pursuant to this Agreement. Contractor hereby agrees that such Confidential
Information and any documents provided may be used by Contractor and/or its
subcontractors only as authorized by the City. Contractor shall include a
provision in its agreements with subcontractors that binds the subcontractors to
this non -disclosure requirement.
5.25. All reports, plans, data, studies, maps, drawings, models, photographs,
documents and other writings prepared by and for Contractor, its officers,
employees, agents and subcontractors in the course of implementing this
Agreement, with the exception of working notes, internal documents and
Confidential Information provided by businesses located in City, shall be
considered the property of City. Contractor shall deliver such documents and
materials to the City as they are generated; however, Contractor may take and
retain copies of said documents and materials that are not Confidential
Information, as desired.
5.26. All reports, information, data and exhibits prepared or assembled by Contractor
Page 12 of 19
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.27. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor.
Compliance with Authority
5.28. 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, color, creed, religion, sex, sexual
preference, age or national origin.
5.29. 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.
5.30. 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 5.28 and 5.29 of
the Agreement.
Progress Reports
5.31. 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.
Contractor's License Classification
5.32. Contractor shall possess all appropriate licenses for the duration of 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
Page 13 of 19
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 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 immediately terminate this Agreement
by giving written notification to Contractor indicating the effective date of such
termination. Termination will take effect immediately upon the date specified in
the notification. For the purposes of this paragraph, material breach of this
Agreement includes, but is not limited to, the following:
Page 14 of 19
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 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
any breach or default 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 (3rd) day after mailing, whichever occurs first.
Contractor:
Nationwide Environmental Services
Attn: Never Samuelian, President
11914 Front Street
Norwalk, CA 90650
Fax: 562-868-5726
Telephone: 562-860-0604
City:
City of Vernon
Attn: City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Fax:
Telephone:
Page 15 of 19
323-826-1438
323-583-8811
Entire Agreement of the Parties
7.02. This Agreement supersedes 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.
Page 16 of 19
The parties hereby irrevocably waive any and all rights to the contrary and shall
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 or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
Page 17 of 19
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. Except as may otherwise be specifically provided herein, this Agreement may be
modified or amended only by a written document executed by both Contractor
and the City and approved as to form by the City's City Attorney.
7.09. 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 18 of 19
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
City:
City of Vernon ATTEST:
a (e-. Leonis C. Wburg, kfayor Manuela Giron, -ity Clerk
Date: AO
APPROVED TO FORM:
Je �fl Hari ' on, City Attorney
Contractor:
Nationwide Environmental Services
YJ I /PV I
Name: Never Samuelian Name: SLN S muelian
Title: President Title: Corporate Secretary
Date: q/4I� Date: 4 y 2C,�8
Page 19 of 19
EXHIBIT A
PROPOSAL
FOR
STREET SWEEPING SERVICES
IN THE
CITY OF VERNON
SUBMITTED: AUGUST' 28, 2008
SUBMITTED BY
NATIONWIDE ENVIRONMENTAL SERVICES
DIVISION OF JOE'S SWEEPING, INC.
11914 FRONT STREET
NORWALK, CA 90650
(562) 860-0604
® ®INull�n olJoe'sSweeping, lnc.
TABLE OF CONTENTS
Page
Company Background.............................................................................
1
Experience & Approach............................................................................
2
Organizational Chart.................................................................................
3
Personnel.................................................................................................
4
Staffing....................................................................................................
5
WorkPlan................................................................................................
6-7
References..............................................................................................
8
FeeInformation.......................................................................................
9
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 30 municipalities, that mission statement is as true today
as it was over 40 years ago.
Our extensive fleet of sweeping and cleaning vehicles continues to maintain
municipalities, residential communities (HOA), business parks, parking facilities,
construction sites, private companies, various unified school districts and all the
employee and bus divisions at various locations for the Los Angeles Metropolitan
Transportation Authority. 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 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.
lVat�a� wide
Ei;wirvni��enta/
ServiceEXPERIENCE & 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 nine 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.
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 issueduniforms,
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,
we schedule group and individual meetings on a regular basis to evaluate our
employees' performances and discuss any issues that need to be addressed.
L
0 Jim
ro�L
rw
a 0R
�a
RI°
4
•FA
F
a
G
L
O
Gl
ul
O M
4l
.m mo�
mx
_W(A
d
G i
d O
w
G 0
:M G
m 4)
PI.
�.L
L
Z 0
O
C
f0
O .-
'a �
- m
•;. C
m
E d
O FA°
M
m
i
� L6
A
R
a�
aL
> 0.
z
c
c�i
L
Oul
G V
d
aul
L
�
V
�
L
� CM
G
Y
c
=E
mtam
th E
L
=
LCD
G
R Q
'
=�
41
N.W
�.FA
J
OU
H.
u 3
Ear
f$
�►
m V
=a
a
c M
m a
u
_
v
E v�
10 •In
Im
c19n 4)
"
° a
G
ri FA
N
O
L
O
C
f0
3
nU
F.
aU
-
a
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
anyone 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/Vice
President/Director and Nejteh Der Bed rossi a n/O pe rations 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.
®DMW-IJW.81 -o,,,9,I.,.
STAFFING
Executive:
Never Samuelian
President/Treasurer -
Joe Samuelian
Vice President
Ani Samuelian
Vice President/Director
John Ozonian
General Manager
Suzy Samuelian
Corporate Secretary
Administrative:
Marlene Melchor
Office Manager/Accounting Manager
Cheryle Parsons
Human Resources
Sylvia Ozonian
Accounting Assistant
Lucy Samuelian
Customer Service Manager
Accounting Clerks
Customer Service Clerks
Clerical Personnel
Operations:
Nejteh Der Bedrossian
Operations Manager
George Ramirez
Operations Supervisor
Alex Pena
Assistant Supervisor
Gary. Der Bedrossian
Field Supervisor
Yen Adjoian
Bus Stop Maint. Manager
Lead Workers
Fleet Service Personnel
Sweeper Operators
Bus Stop Maint. Personnel
Mechanics:
Jerry Gonzalez
Lead Mechanic
Mechanics
Brian Hanel
Parts Manager
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 furnish all necessary personnel, vehicles, equipment, supplies and tools needed
in support of the scope of services.
Freguencv &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 utilizedin 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.
L
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
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.
7
U
01
c
Q
a�
a�
a
N
0
L
Q
V
W
Z
c�
3
c
a�
A
F
a
N
O
D
a
r�
0
0
a�
c un
c Ln
c cn
o c
O c
O c
0
-
0
fU
1p 0
ru v
a;,�
m ,_
Q Q L
0 Ln
i1 Q L
0 cn
C. Q L.
0 V)
O
C 0
C O
(L�
'�
C
L- O
N a
L� a)
(1) CL
L-o �
N CL
, O
a
> iL 0
0
> iL 0
0
> iL 0
0
ILI
o)
In CLL
oa)
cn CLL
o)
U.)
CP
0) �
0)
a0i
CL
(1)
C V
C)-cn
a
c�
G m N
c�
G Ln N;-�,
M M
M_
O
u') C)
�o ^
Lr) Lr)
Ln L1)
L? In
47
6Lh
Mn
nn
0000
mM
NN
y(
In co
00 00
m 0)
iu.
a
-j�
n N
NN
m M
�tNO
,n Ln
�
�
m
a U-
a LL
a L
0
+�+
U-
C6
a)
a
cn
0
C
a
u
L
N
U
a
=�
)
fa 4
Q �
M 0
i 'f
O 0
U
O
UEn
_ �
0
U
0 Q
u�i N
�' N
:3
N a-J
(u L
mo
o
?Lr)
ko
L
'0
f
i Q
>U
Y O
0*1
f2o
4-m
V
Q
00
m
o
01
z-N.�
o4-�o�
o
o0 rn
c
0
=
� �
� z°
c)
c'
0'
n
C)
0-
a�
m
ra a
0 L
o V)
Ln
co �
E
��
O �.�
rn
0 0)
0�0
It
_ Q�
QM
z Fa 0)
U�
0U�Uai
0ubj
0ubj
c'C:c
�
i7
02:()
:7111
-d
a�
m
C
•E
L
U
L
c
0
u
c
m
m
s
4w
O
C
�a
t
H
V
O
m
.F+
c
a�
E
c
c
®o,.,ono,w=sweo,n9,,— FEE INFORMATION
CITY OF VERNON
CITYWIDE STREET SWEEPING - FEE INFORMATION
Base Monthly Rate; $ 11,900.00
Other direct costs by item: $ N/A
Hourly fee schedule for special events, emergency sweeps: $ 95.00
9
EXHIBIT B
CITY OF VERNON Exhibit B
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT:
TO:
REQUESTED BY:
P.O. NO.
CONSULTANT
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was orieinally included in the agreement.
Agreement Amount (Base Bid)
$
Amount of This Change Order ..............................................
$
Amount of Previous Change Orders .........................................
$
Total Change Orders
$
Modified Agreement Amount
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Date:
Attest:
Manuela Giron, City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved,
that we will provide all
labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the
work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
c: Project File/Consultant/Purchasing Exhibit B
ofVp
APPROVED OCT 0 6 '08 CITY COUNCIL
sVELY INOJ
s
COMMUNITY.SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
A-6
TO: Eric Fresch, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: September 11, 2008
CITY C ERK �STRIBLION
®f �Gr�- 1®firc�,
7�(
SUBJECT: Citywide Street Sweeping Services — Renewal of Services - Nationwide
Environmental Services R i z, 9-1a Z
The City Council awarded a Services Agreement to Nationwide Environmental Services (Nationwide)
in July 2007 for street sweeping services and they have provided competent service since that time. Nationwide
sweeps all streets in the City of Vernon once per week during the early morning hours, Monday through Friday
and responds quickly to any complaints. There have been no complaints of the service in the past year. The
sweepers employed by Nationwide use diesel fuel but comply with the South Coast Air Quality Control Board
regulations for emissions and are fitted with a GPS tracking system. Nationwide also uses vehicles in their
operations that operate on natural gas. In the past year, the significant cost increases for fuels in 2007-08 have
severely impacted Nationwide and the cost of living increase granted under the existing contract does not reflect
the extraordinary fuels costs increase. Nationwide has requested a special increase in costs to compensate for
the extraordinary rise in the costs for fuels. Community Services has verified the extraordinary increase in the
costs of fuels and agrees with Nationwide that an adjustment in the contract is justified. The existing contract
cost of living adjustment is $439.56. Nationwide has proposed an increase of an additional $471.44 to
compensate for the extraordinary costs of fuels and Community Services has calculated that this is a fair
representation of the additional costs.
The Services Agreement compensation was $10,989.00 per month for 2007 and with the additional
costs will be $11,900.00 for 2008-09.
The City Attorney has prepared a new Services Agreement for street sweeping services for the next
year with an annual renewal provision. Nationwide has executed the agreement. Finally, the Risk Manager has
approved Nationwide's liability insurance.
I recommend that the City Council renew services through a new Services Agreement with Nationwide
Environmental Services for citywide street sweeping services and authorize the Mayor to sign the contract and
the City Clerk to attest.
SKW/sn
Enclosure
c: Jeff Harrison, City Attorney
e(/. /all��/
RECEIVED
OCT 112011
CITY CLERK'S OFFICE
STAFF REPORT
COMMUNITY SERVICES & WATER DEP.
DATE: October 6, 2011
RECEIVED
OCT 0 6 2011
CITY ADMINISTRATION
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson; Director of Community Services & Water
RE: Citywide Street Sweeping Services Renewal of Services -Nationwide
Environmental Services
The City Council awarded a Services Agreement to Nationwide Environmental Services
(Nationwide) in October, 2008 for street sweeping services. Nationwide has provided
satisfactory street sweeping services for the past three years and has been responsive to the City
of Vernon's needs and requirements. Every street in the City of Vernon is swept at least once per
week and includes all curbs and gutters of each street as well as the medians and alleys. The
sweeping is done at night and the early morning hours to minimize the impact on the business
community. The debris and trash have been effectively removed by Nationwide Environmental
Services which also disposes of the sweepings. The street sweeping done by Nationwide has
efficiently removed the trash in the streets to the extent that it has minimized the trash in the
storm drain catch basins and assisted the City of Vernon in compliance with the National
Pollutant Discharge Elimination System requirements. The sweepers used by Nationwide
comply with the South Coast Air Quality Control Board regulations for emissions and are fitted
with a GPS tracking system.
Fiscal Impact: The costs for street sweeping services in the City of Vernon are budgeted in the Street
Operations -Public Works portion of the budget. The approved budget for 2011-12 is $142,800.00,
Recommendation: It is recommended that the City Council approve the renewal of the service
agreement with Nationwide Environmental Services to provide street sweeping services for the City of
Vernon for a one year period commencing October 1, 2011.
SKW/vr
V / IL C--aq'
October 11, 2011
Mr. Vincent A. Rodriguez
Project Engineer
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Dear Mr. Rodriguez:
Per the Street Sweeping Services Agreement, Section 1, Tenn of Contract, Nationwide
Environmental Services (NES) confirms acceptance of the automatic one year renewal
effective October 1, 2011.
If you have any questions, please feel free to contact me.
' ce ibeiaMnd
ni Sa
Vice President
11914 Front Street • Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726
www.nes-sweeping.com
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
A-6
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilson; D�)irector of Community Services & Water
DATE: October 6, 2011
SUBJECT: Citywide Street Sweeping Services — Renewal of Services -Nationwide
Environmental Services
The City Council awarded a Services Agreement to Nationwide Environmental Services
(Nationwide) in October, 2008 for street sweeping services. Nationwide has provided satisfactory
street sweeping services for the past three years and has been responsive to the City of Vernon's needs
and requirements. Every street in the City of Vernon is swept at least once per week and includes all
curbs and gutters of each street as well as the medians and alleys. The sweeping is done at night and
the early morning hours to minimize the impact on the business community. The debris and trash have
been effectively removed by Nationwide Environmental Services which also disposes of the
sweepings. The street sweeping done by Nationwide has efficiently removed the trash in the streets to
the extent that it has minimized the trash in the storm drain catch basins and assisted the City of
Vernon in compliance with the National Pollutant Discharge Elimination System requirements. The
sweepers used by Nationwide comply with the South Coast Air Quality Control Board regulations for
emissions and are fitted with a GPS tracking system.
Fiscal Impact: The costs for street sweeping services in the City of Vernon are budgeted in the Street
Operations -Public Works portion of the budget. The approved budget for 2011-12 is $142,800.00.
Enclosed is a Staff Report recommending that the service agreement be extended for an
additional year effective October 1, 2011 through October 2, 2012 at its October 18, 2011 meeting.
SKW/w
Enclmum
SERVICES AGREEMENT
This AGREEMENT ("Agreement") is made, entered into and executed in
duplicate originals, either copy of which may be considered and Gsed as the original
hereof for all purposes, as of this 6th day of October, 2008, 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 (the "Services"),
and
WHEREAS, Contractor has prepared a proposal dated August 28, 2008,
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, the Contractor's cost proposal is acceptable to the City; and
WHEREAS, the City desires to enter into an agreement with
Contractor to provide the Services on a contract basis as defined in the terms and
conditions set forth below.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Page 1 of 19
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;
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 reciardino 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 disclosing such
information to others.
"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 work performed by Contractor and
required to be performed from time to time by City under this Agreement.
Page 3 of 19
Status of Contractor
3.08. 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 accomplished, it being understood that
City is interested only in the results to be obtained by Contractor.
3.09. 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
3.10. 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.
3.11. 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.
3.12. 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
Section 3 of this Agreement, City agrees to pay Contractor the amounts specified
in the Contractor's proposal (the "Contract Price"). The Contract Price shall not
Page 5 of 19
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 affected 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 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 are 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:
Page 7 of 19
Representations
5.11. 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.
5.12. 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 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.
5.12. Contractor represents that it has the qualifications and skills necessary to
perform the Services 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.
Contractor has complete and sole discretion for the manner in which the Work
under this Agreement will be performed.
5.13. Contractor declares and states that is 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.
5.14. 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
Page 9 of 19
invoices for purchases, receiving and issuing documents, and all the other unit -
inventory records for the Contractor's stores, stock or 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
5.19. 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
5.20. 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
5.21. 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.
Page 11 of 19
in connection with the performance of its Services pursuant to this Agreement
are confidential until released by the City to the public and Contractor agrees that
such documents shall not be available to any individual or organization without
the written consent of the City prior to such release.
5.27. No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of
Contractor. ,
Compliance with Authority
5.28. 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, color, creed, religion, sex, sexual
preference, age or national origin.
5.29. .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.
5.30. 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 5.28 and 5.29 of
the Agreement.
Progress Reports
5.31. 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.
Contractor's License Classification
5.32. Contractor shall possess all appropriate licenses for the duration of 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
Page 13 of 19
A. Contractor's failure to perform, in a manner satisfactory to the City
in its sole discretion, the Services specified in Section 3 of.this
Agreement; or
B. Contractor's material breach of any obligation or provision
contained in Section 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
any breach or default 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.
Contractor:
City:
Nationwide Environmental Services City of Vernon
Attn: Never Samuelian, President Attn: City Administrator
11914 Front Street 4305 Santa Fe Avenue
Norwalk, CA 90650 Vernon, CA 90058
Fax:
Telephone:
562-868-5726
562-860-0604
Fax: 323-826-1438
Telephone: 323-583-8811
Page 15 of 19
The parties hereby irrevocably waive any and all rights to the contrary and shall
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 or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
Page 17 of 19
7.10. City reserves the right to award similar contracts to multiple contractors to ensure
the City has adequate services.
IN WITNESS WHEREOF, the parties have executed the Agreement on the dates
shown below.
City:
City of Vernon
Ngnfe_Leonis C. Md1burg, yor
Date: /e 4'&0 d�
Contractor:
NatioQwide Environmental Services
Name: Never.Samuelian
Title: President
Date: 4�41
ATTEST:
Manuela Giron, ity Clerk
Name: S v S muelian
Title: Corporate Secretary
Date: 4W/2C O8
Page 19 of 19
EXHIBIT A
o L7BC�� -
°°""" "" 11-71
COMPANY BACKGROUND
Nationwide Environmental Services (NES),: a division of Joe's :Sweeping, Inc:, .was
founded in 1968 by Joe Samuelian to provide parking lot sweeping se.rvices.: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 30 municipalities, that mission statement is as true today
as .it was over 40 years ago.
Our extensive fleet of sweeping and cleaning vehicles continues to maintain
municipalities, residential communities (HOA), business parks, parking facilities,
construction sites, private companies, various unified school districts and all the
employee . and bus. divisions :at various locations for. the Los :Angeles Metropolitan
Transportation Authority. 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 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 mannerpossible. We take great pride in our fleet and we make
certain our customers and residents are satisfied with our sweeping performance.
..
.0 W .0
vCg
-
mo
a
C�
a
'A
20
O U)
�d
`
�..
3 IV
"'g:
al
a
m.m
im
Eg•
��
-
C M
m A
d: (A
N. p
d C H
LM °
d
c
s.d.
r.M,
O
A
n'y
0.
d..
e
m
o,
Aq
Li
m
c a+.¢
c
SIC
E9
�-
9 d
M
qLL.
'�
.,
; IL.
Z
�y
y
C �7
-
rn
:d
d
Z
e:
d
° I
Em
0
m
f
:
O
v
to C
C
STAFFING
Executive:
Never Samuelian
President/Treasurer -
Joe Samuelian
Vice President
Aqi Samuellan
Vice President/Director
John Ozonian
General Manager
Suzy Samuelian
Corporate Secretary
Administrative:
Marlene Melchor
Office Manager/Accounting, Manager
Cheryle Parsons
Human Resources
Sylvia Ozonian
Accounting Assistant
Lucy Samuelian
Customer Service Manager
Accounting Clerks
Customer Service Clerks
Clerical. Personnel
Operations:
Nejteh Der Bedrossian .
Operations Manager
George Ramirez
Operations Supervisor
Alex Pena
Assistant Supervisor.
Gary. Der Bedrossian
Field Supervisor
Yen Adjoian
Bus Stop Maint. Manager
Lead Workers
Fleet. Service Personnel
Sweeper Operators
Bus Stop Maint. Personnel .
Mechanics:
Jerry. Gonzalez
Lead. Mechanic
Mechanics
Brian Hanel
Parts Manager
5
is in pperd7op
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 Cityof 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 sam.e.day of
notification by the City. NES will notify the City upon completion of a re -sweep:
Waste Diversiowand 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 Citywhich 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
Ouality 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. .
7
9
EXHIBIT B
1
2
3
9
5
6
7
8
9
10
11
12
13
19
15
16.
17
18
19
20
21
22
23
29
25
26
27
RESOLUTION NO. 9713
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, Nationwide Environmental Services ("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 September 11, 2008, has recommended that an
agreement with Nationwide be approved for Citywide street sweeping
services effective October 1, 2008; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Nationwide for Citywide
Istreet sweeping services to enhance services provided to the Vernon
Community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
ICITY 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
approves the Services Agreement with Nationwide, a copy of which is
28I1attached hereto as Exhibit A and incorporated by reference.
-- -
1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9713, was
6 duly adopted by the City Council of ,the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, October 6, 2008, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
10
11
MANUELA GIRO City Clerk
12
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
Juarez, Debbie
From:
Juarez, Debbie
Sent:
Tuesday, October 18, 2011 3:33 PM
To:
Wilson, Kevin; Arellano, Claudia; Nickens, Debby; Jaunzemis, Dolores
Subject:
COMM SERV CC APPROVED ITEM 10-18-11
Attachments:
CC APPROVED ITEM 10-18-11.PDF
Please send a copy of the communication to the City Clerk notifying Nationwide that Council
approved the contract extension. Thank you.
1
Juarez, Debbie
From:
Rodriguez, Vince
Sent:
Tuesday, November 01, 2011 4:01 PM
To:
Juarez, Debbie
Subject:
Nationwide
Attachments:
Nationwide Extension2011-2012.PDF
Hi Debbie...
Vincent A. Rodriguez
Project Engineer
City of Vernon
4305 Santa Fe Avenue
Vernon, Ca. 90058
(323) 583-8811 x220
E-mail: vrodriguez(bci.vernon.ca.us
®r-
V.
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 18, 2011
Ani Samuelian, Vice President VIA U.S. MAIL
Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
Re: Citywide Street Sweeping Services Agreement
Dear Mr. Samuelian:
This is to advise you that the services agreement has been
extended for a one year period to and including September 30,
2012. Because the City is eliminating all `evergreen'
contracts, the agreement will not be automatically renewed for
next year. A request for proposals will be required.
If you have any further questions or comments, please do not
hesitate to contact me.
Respect fully/ubmitted,
r
Samucel 4VV) i' Wilson, P.E.
Director of Community Services & Water
SKW:em
cc: Michael B. Montgomery, City Attorney
Willard G. Yamaguchi, City Clerk
EXAsively Industrid
RECEIVED
OCT 112011
CITY CLERK'S OFFICE
STAFF REPORT
RECEIVED
OCT 0 6 2011
CITY ADMINISTRATION
COMMUNITY SERVICES & WATER DEPARTMEl
DATE: October 6, 2011
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson; Director of Community Services & Water
RE: Citywide Street Sweeping Services — Renewal of Services -Nationwide
Environmental Services
The City Council awarded a Services Agreement to Nationwide Environmental Services
(Nationwide) in October, 2008 for street sweeping services. Nationwide has provided
satisfactory street sweeping services for the past three years and has been responsive to the City
of Vernon's needs and requirements. Every street in the City of Vernon is swept at least once per
week and includes all curbs and gutters of each street as well as the medians and alleys. The
sweeping is done at night and the early morning hours to minimize the impact on the business
community. The debris and trash have been effectively removed by Nationwide Environmental
Services which also disposes of the sweepings. The street sweeping done by Nationwide has
efficiently removed the trash in the streets to the extent that it has minimized the trash in the
storm drain catch basins and assisted the City of Vernon in compliance with the National
Pollutant Discharge Elimination System requirements. The sweepers used by Nationwide
comply with the South Coast Air Quality Control Board regulations for emissions and are fitted
with a GPS tracking system.
Fiscal Impact: The costs for street sweeping services in the City of Vernon are budgeted in the Street
Operations -Public Works portion of the budget. The approved budget for 2011-12 is $142,800.00.
Recommendation: It is recommended that the City Council approve the renewal of the service
agreement with Nationwide Environmental Services to provide street sweeping services for the City of
Vernon for a one year period commencing October 1, 2011.
SKW/vr
Division o(Joe's Swmping, Inc.
9
'MAY
October 11, 2011
Mr. Vincent A. Rodriguez
Project Engineer
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Dear Mr. Rodriguez:
Per the Street Sweeping Services Agreement, Section 1, Term of Contract, Nationwide
Environmental Services (NES) confirms acceptance of the automatic one year renewal
effective October 1, 2011.
If you have any questions, please feel free to contact me.
ce ly,
ni Sa u ian
Vice President
11914 Front Street • Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726
www.nes-sweeping.com
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, Cit�y�)Administrator
FROM: Samuel Kevin Wilson; Director of Community Services & Water
DATE: October 6, 2011
SUBJECT: Citywide Street Sweeping Services — Renewal of Services -Nationwide
Environmental Services
The City Council awarded a Services Agreement to Nationwide Environmental Services
(Nationwide) in October, 2008 for street sweeping services. Nationwide has provided satisfactory
street sweeping services for the past three years and has been responsive to the City of Vemon,s needs
and requirements. Every street in the City of Vernon is swept at least once per week and includes all
curbs and gutters of each street as well as the medians and alleys. The sweeping is done at night and
the early morning hours to minimize the impact on the business community. The debris and trash, have
been effectively removed by Nationwide Environmental Services which also disposes of the
sweepings. The street sweeping done by Nationwide has efficiently removed the trash in the streets to
the extent that it has minimized the trash in the stone drain catch basins and assisted the City of
Vernon in compliance with the National Pollutant Discharge Elimination System requirements.The
sweepers used by Nationwide comply with the South Coast Air Quality Control Board regulations for
emissions and are fitted with a GPS tracking system.
Fiscal Impact: The costs for street sweeping services in the City of Vernon are budgeted in the Street
Operations -Public Works portion of the budget. The approved budget for 2011-12 is $142,800.00.
Enclosed is a Staff Report recommending that the service agreement be extended for an
additional year effective October 1, 2011 through October 2, 2012 at its October 18, 2011 meeting.
SKW/vr
EM10sum