RESOLUTION NO. ###
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE TO APPROVING A SECOND AMENDMENT TO THE NATIONWIDE ENVIRONMENTAL SERVICES (NATIONWIDE) CATCH BASIN AGREEMENT WHEREAS, the City of Commerce entered into a five-year agreement with Nationwide on October 1, 2014 for catch basin maintenance services; and WHEREAS, the agreement was subsequently extended and set to expire on September 30, 2024; and WHEREAS, the Nationwide street catch basin maintenance agreement includes a provision providing the City the option to extend the agreement; WHEREAS, the Nationwide catch basin maintenance agreement includes provisions allowing Nationwide to request CPI/Cost of Living increases which are subject to City Council approval; WHEREAS, Nationwide has requested that the City amend the term of its agreement for catch basin maintenance services to a seven (7) year term commencing on October 1, 2024 and to maintain the inclusion of a five (5) year option to extend which may be exercised by the mutual consent of the parties.
WHEREAS, Nationwide has also requested that the City authorize an increase in the catch basin rate to $38.88 per catch basin based on several factors including rising insurance premiums, vehicle/equipment parts, and other overhead costs; and WHEREAS, Nationwide also requested that beginning July 1, 2024, and each subsequent July 1st thereafter, the compensation paid to the Contractor by the City shall be increased automatically according to the annual Consumer Price Index (CPI) based on the January index for the services provided in this agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City shall approve the attached Second Amendment, between the City of Commerce and Nationwide Environmental Services for catch basin maintenance services, which includes the following modifications: (1) extension of the term to seven years beginning on October 1, 2024, and the inclusion of a five-year option that may be exercised by the mutual consent of both parties, (2) an increase to $38.88 per each catch basin effective March 1, 2023 and (3) beginning July 1, 2024, and each subsequent July 1st thereafter, the compensation paid to the Contractor shall be increased automatically according to the annual Consumer Price Index (CPI) based on the January index for the services provided in the Nationwide’s catch basin maintenance agreement.
Section 3. The Mayor is authorized to execute the Second Amendment for and on behalf of the City. The Mayor is also authorized to execute this Resolution for and on behalf of the City.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this _____ day of February 2023. _____________________________
Oralia Y. Rebollo, Mayor
ATTEST:
_____________________________
Lena Shumway
City Clerk