> , ,n,1 > lYMCO Alternative Fuel Powered Street Sweepers (800) 258-9626
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TYMCO Alternative Fuel Powered Street Sweepers
Overview
TYMCO Model 600e•CNG
(Compressed Natural Gas)
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TYMCO Model 600"'-LPG
History
(Liquefied Petroleum Gas/Propane)
Environmentally Superior Cleaning"'
With the ever growing need to address environmental concerns and lo meet Federal, State and Municipal air quality requirements, there has been an increasing demand for fleets to add more low emission alternative fuel vehicles (AFVs). TYMCO has been manufacturing alternative fuel street sweepers since 1984. This experience, coupled with our well known reputation for reliability and productivity make TYMCO altemaltve fuel street sweepers the smart choice. These California Air Resources Board (CARS) verified Ultra Low Emission Vehicles (ULEV). when combined with our proven Regenerative Air System. offer the highest degree of cleaning power available on the market today, while at the same time maintaining and improving the environment.
TYMCO currently offers two forms of alternative fuel for the Model 600: Dedicated CNG (Compressed Natural Gas) and Dedicated LPG (Liquefied Petroleum Gas) - propane, which allows both the sweeper and the chassis engines to operate on alternative fuel. making them CARB and South Coast Air Quality Management District (SCAOMD) Rule 1186.1 compliant.
Street sweepers must be maneuverable in order to get to those hard-to-reach areas. The TYMCO engineered and manufactured alternative fuel powered chassis is designed to provide maximum fuel capacity on the shortest wheelbase available. TYMCO has accomplished this by designing a modular CNG fuel storage rack system and LPG tank that require minimal additional wheelbase. resulting in the tightest turning radius possible. all while providing maximum rear view visibility.
Both the CNG and LPG fuel storage areas are designed to be user friendly. Quick access for fueling, system shut-off valves and pressure reading make the operator's job easier and safer. The large capacity CNG fuel storage cylinders are enclosed for protection, and the roof enclosure is angled and sloped to allow for low hanging tree limbs. Both the CNG and LPG fuel storage areas are mounted in such a way as to allow for maximum sweeper operation. Utilizing the very latest advancements in technology, TYMCO alternative-fuel powered sweepers are specifically engineered to provide the highest degree of performance, safety, and simplicity.
Copyright© 201 1 TYMCO, Inc.
P.O. Box 2368
Waco. TX 76703-
CITY OF HUNTINGTON BEACH
Travis K. Hopkins, PE
Director
January 27, 2011
2000 Main Street
Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
To whom it may concern:
♦ PO Box 190 ♦ CA 92648
Department of Public Works
(714) 536-5431
On behalf of the City of Huntington Beach, I would like to acknowledge Nationwide Environmental Services for the excellent service they have provided to the residents of this City for the past decade.
In 1999, a relationship started between the City of Huntington Beach and Nationwide Environmental Services. NES was contracted to perform street sweeping services on a twice-a-month basis and the service was split in half between in-house street sweeping and NES. It did not take long to realize that the service level NES provided well exceeded the very high expectation level of the City. NES recognizes the importance of strong customer service, attention to detail, industry knowledge, and an equitable partnering approach with an agency as integral facets to a successful street sweeping program. In 2009, the City of Huntington Beach amended its contract with Nationwide Environmental Services to encompass a full street sweeping service on a twice-a-month interval. The transition to a full service contract was easily accomplished by NES and well exceeded the City's expectations.
Nationwide Environmental Services is a leader in the street sweeping industry for others to follow. I would recommend NES to any neighboring City for street sweeping services. It has truly been a pleasure to work with such dedicated professionals who share and understand the same values in public service.
Respectfully,
Dereck Livermore
Supervisor, Street Maintenance
714.374.1732
GORDON STEFENHAGEN
Mayor
JESSE M. LUERA
Vice Mayor
CHERJ KELLEY
Councilmember
MICHAEL MENDEZ
Councilmember
RICK RAMIREZ
Councilmember
ERNIE V. GARCIA
City Manager
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12700 NORWALK BLVD., P.O. BOX 1030. NORWALK, CA 90651-1030 • PHONE: 562/929-5700 • FACSIMILE: 562/929-5773 • WWW.Cl.NORWALK.CA.US January 28, 2011
Nationwide Environmental Services
11914 Front Street
Norwalk, California 90650
To Whom It May Concern:
Nationwide Environmental Services (Nationwide) has been providing street sweeping services to· the City ·of Norwalk for the· past thirteen years. During this time frame, the. qty of No~alk has experienced·: an extremely h1gh quality of service from ·this contractor reflecting ·clean residential and business roadways throughout the community. Additionally, the City of Norwalk utilizes Nationwide to maintain the parking structures and parking lot facilities at all City properties. All of the work provided by Nationwide reflects a company that is professional and experienced in the field of street sweeping maintenance.
Customer service, reliability, and communication are all hallmarks of the Nationwide . team. During their association with the City of Norwalk, Nationwide has proven themselves to be a business friendly contractor whose attitude and response is of the highest regard. Nationwide has also been highly supportive of many City programs and activities, making their presence in the community a very visible and positive one.
As with all of its contract service providers, the City of Norwalk is continually monitoring and reviewing the safety record of Nationwide Environmental Services as it provides street sweeping services to the community. A superior safety record, including conscientious drivers performing their maintenance duties at safe speeds, quality and weil maintained equipment translating into consistent and accountable perforl'l)ance, and no claims for work related incidents is a reflectior-1· of the professional nature of Nationwide Environmental Services.
Nationwide Environmental Services
January 28, 2011
Finally, each Nationwide employee, from the office personnel, to the field staff on the streets, conduct themselves in a very professional and respected manner. Any special requests from the City of Norwalk have always been handled quickly with quality results.
As the Director of Public Services, I hold Nationwide Environmental Services in the highest regard for providing the very best in street sweeping operations, and can honestly recommend them for similar services at any other municipality or private enterprise.
If you would like any additional information regarding Nationwide Environmental Services, please feel free to contact me at (562) 929-5525 . . DiCorpo
or of Public Services
L
Insurance and Risk l\la11agemen1 Specialists
February 07, 2011
Nationwide EovironmentaJ Services
11914 Front Street
Norwalk, CA 90650
To \X/hom It May Concern:
Nationwide Environmental Services has proven co be an outstanding client ofLockton Insurance Brokers. As a client for the past 8 years, their commianeot to safety is reflected across multiple programs implemented to enhance the management's and staff's knowledge of how to reduce injuries and general liability loses.
Some of tbe most efficient methods of their success are: incentive programs, pre-employment and random drug-screen policy, lOolbox safety meetings, new hire orientation, job safety analysis, supervisor training, and their fleet safety program.
As a result of their excellent history record, l found Nationwide Environmental Services to be in compliance with all Federal and State laws.
Once again, please extend my thanks to your management group for their cooperation and support If you have any questions or require additional assistance, please do not hesitate to contact me at (562) 756-8777 or fax (213) 873-4285.
Sincerely,
13e-vt ~ ~
Bert Munoz, Senior Loss Control Consultant
[email protected]
CC:
Kim Sautter, Lockton
Walter Lee, Lockton
LOCKTON INSURANCE BROKERS, INC.
Licensc/10714705
725 S. rigucroa St., 35'11 Fl / Los Angeles, CA 90017 / (2 13) 689-0065 I FAX: (213) 68<>-0550
Fleets & Fuels August 10, 2009
Natural Gas Vehicles
Clean Energy for NES Sweepers ... Clean Energy Fuels (NASDAQ:CLNE) last week helped celebrate the opening of a fueling station in Norwalk, Calif. (Los
~
Angeles), for Nationwide Environmental Services.
NES is said to be the first
i'f street-sweeping fleet in the ? country ("Maybe the world," says Clean Energy solid waste business develol)ment manager
Sean Wine) with a dedicated compressed natural gas
fueling installation on site.
The Clean Energy-designed station has an ANGI compressor_ package with a Vilter screw booster, allowing CNG to be dispensed at better than 400 gasoline gallon equivalents per hour. 'The station has 36 individual time-fill posts and will fuel 36 sweepers overnight," Wine told F&F.
Clean Energy will provide NES with ongoing operation
and maintenance services.
NES, Nejteh Der Bedrossian, 800-222-5637 or 562-860-0604; [email protected]; www.nes-sweeping.com
Clean Energy, Sean Wine, 562-493-2804;
[email protected]; www.cleanenergyfuels.com
... and for Limousines for Las Vegas
Clean Energy also confirmed last week that it's planning a compressed natural gas fueling station in Las Vegas to support vehicles including first-of-their-kind stretch limousines by Brea, Calif-based Krystal Enterprises.
Krystal is converting 26 stretch limousines for the new environmentally friendly CityCenter complex in Las Vegas.
The base vehicles are Lincoln Town Cars and the CNG
conversion hardware is from BAF Technologies.
Clean Energy, Chad Lindholm, 562-493-2804, ext 247;
[email protected]; www.cleanenergyfi1els.com BAF (Los Angeles), Jolrn Sledge, 714-376-8143;
[email protected]; www.bafteclinologies.com
Krystal Enterprises, Johnny Chen, 714-986-1200
or 800-579-7825; [email protected]; www.krystal.cc
Kansas City for First of New ESI Trucks
Kansas City bas taken delivery of eight of 19 Navistar
International trucks with 24-valve engines converted to dedicated-methane operation by Emission Solutions, Inc.
Approval of the latest version of the 7 .6-liter engine rz~ --==• fin ronvmion m= th,t ES! can convert new trucks to compressed
1 natural gas (F&F, May 18).
- Kansas City will deploy the
first of the 19 ESI-powered trucks for storm channel
clearing, says municipal fleet manager Sam Swearngin.
ES/, president Jim Moore, 972-369-0092;
[email protected];
www.emissionsolutionsinc.com
Kansas City, Sam Swearngin, 816-513-8356;
[email protected];www.kcmo.org
Omnitek Peru
"Everybody's busy and it's all because of CNG," says
Werner Funk, CEO of Los Angeles-based Omnitek
Engineering. Programs supporting conversion of tax.is to compressed natural gas in Peru, he told F&F, are stimulating all sorts of economic activity. 'Tm really happy to see a government SUl)porting it like they do down there."
Which is why Omnitek has formed Omnitek Peru,
as a joint venture with local partners, to convert diesels to methane and to re-power trucks and buses with Omnitek
methane engines, possibly including new vehicles.
Industry sources estimate Lhat diesel vehicle conversions for buses during the next few years will reach at least 20,000, with truck conversions expected to reach 50,000, Omnitek says. There is a potential market of 500,000
heavy-duty engines in Peru, Funk said.
G&W Group S.A. is Ornnitek's distributor in Peru with
an initial conversion order valued at $4.5 million for a fleet of Leche Gloria beverage and milk delivery vehicles.
Omnitek, CEO Werner Funk, 760-591-0089; fax -591-0880;
[email protected];www.omnitekcorp.co111
Ford Gaseous Fuel Prep Option for E-Series
Ford has launched a gaseous fuel prep order option for its E-Series vans, NGV America reports.
"Fleet customers and dealers registered with their web
access order bank system can now select the CNG-retrofitready option on the full line ofE-series vans and wagons with the 5.4 liter engine," the association advises members this week. "Previously, qualified Ford E-series retrofitters would have to order the hardened valve seats and stems." Ford info, Gerry Koss, 313-248-8280; mobile 3l3-622-3950; [email protected]; www.fleet.ford.com
Hydrogen Fuel Cell Buses
CARB Lifts Deadline
ZEV Bus Requirement for 2011-2012 Delayed
As Agency Will Await Data from New AC Trial
The California Air Resources Board has postponed its
deadline for large transit agencies to introduce zeroemission buses, lifting a requirement that would have taken effect for 15% of deliveries in 2011, or 2012 for agencies already fielding alternative fuel vehicles.
The original requirement was for so-called
"diesel-path" agencies to meet
the 15% ZEV minimum this year
and for "CNG-path'' agencies to
comply in 2011.
One of AC Transit's existi11g All bets are now off as CA RB Van I-loo/fuel cdl bum has set no new deadline but will instead await data from AC Transit's 12 new fuel cell
buses from Belgium's Van Hool, now expected to be in
service by mid-2010.
The Van Hool purchase includes four hydrogen
more on page 4
:::.:.==.=:.--=---~---- COl•Ylll(';llT •> 2009 AllC:llST 1 1 ACIFIC PRESS
Press Release For: Nationwide Environmental Services
For More Company Information Contact: Ani Samuelian, Director
FOR IMMEDIATE RELEASE
Nationwide Environmental Services
I 1914 Front Street. Norwalk. CA 90650
Phone: (562) 860-0604
Email: [email protected]
NATIONWIDE ENVIRONMENTAL SERVICES FEATURED AT
WORLDSWEEPER.COM, SWEEPING INDUSTRY'S LARGEST
PROFESSIONAL RESOURCE
Norwalk, California, December 2006 - Nationwide Environmental Services was recently honored as one of only 12 contractors in the U.S. to be named 'Contractor of the Month· for 2006 at WorldSweeper.com, the power sweeping industry's premier information and professional online resource.
Nationwide Environmental Services was chosen from among over 5,000 U.S. sweeping industry contractors for this honor. The reasons cited by the editorial board of WorldSweeper.com included Nationwide Environmental Services' overall contributions to the power sweeping industry, including the company's leadership in becoming one of the first sweeping contractors in the U.S. to become a Certified Sweeping Contractor under the stringent guidelines of the North American Power Sweeping Association.
The honor is also a recognition of professionalism exhibited in Nationwide Environmental Services' approach to providing high-quality level of sweeping services to municipalities, residential communities, business parks, parking facil ities, refineries and construction sites in the Los Angeles, Orange, Riverside, Ventura, and San Bernardino Counties.
Nationwide Environmental Services has been in business since 1968 and has become the preferred provider of street sweeping services through their excellent customer support programs and use of the best and newest equipment available in the industry. Customer satisfaction has long been the ultimate goal of everyone at Nationwide Environmental ervices.
north american Power Sweeping association
Dear Valued Customer,
The north american Power Sweeping association is proud to announce that Nationwide Environmental Services has just been awarded the designation of Certified Sweeping Company.
About naPSa, we are a non-profit organization committed to distributing pertinent sweeping industry information and valuable resources to our members. We are here to provide the street and parking area sweeping industry with an association that will make a difference.
To become a CSC, Nationwide Environmental Services had to undergo an application process that qualified them under strict guidelines including: safety, experience, continuing education, vehicle maintenance, driver training and adherence to naPSa's code of ethics.
The naPSa Code of Ethics requires Nationwide Environmental Services to take an oath to be dedicated to the highest standards of professionalism, integrity and competence while recognizing their responsibility to their customers, employees, and the public.
To learn more about the Certified Sweeping Company designations you can visit our website at www.naPSaOnline.com . From here you can download an application to see what the requirements are for Certified Sweeping Companies and to view the naPSa Code of Ethics that Nationwide Environmental Services has pledged to uphold. You may also call our office for assistance and questions regarding Certification.
Sincerely,
~ Amy Allen
Administrative Director
-JV
PS■ t ~SC j
£PING CERTIFIE co,.,,.AN)' D 0
1,r-f ~
naPSa
PO Box 2114
Kalamazoo. Ml 49003
Phone: (269) 383-6993
Fax: (269) 383-6994
www.napsaonline.com
SECOND AMENDMENT TO AGREEMENT FOR STREET SWEEPING SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR STREET SWEEPING
SERVICES (the "Second Amendment") is dated as of September 1, 2020 by and between the City of Cudahy ("City") and Nationwide Environmental Services, a div. of Joe's Sweeping, Inc., a California Corporation ("Contractor") as follows:
RECITALS
WHEREAS, Contractor and City entered into an Agreement for Street Sweeping Services dated March 6, 2012 (the "Master Agreement") (A true and correct copy of the Master Agreement is attached and incorporated as Exhibit "A"); and
WHEREAS, on July 1, 2016, by way of the First Amendment, the City amended the compensation and tennination clause of the Master Agreement (A true and correct copy of the First Amendment is attached and incorporated by reference as Exhibit "B"); and WHEREAS on July 1, 2019, per Section 1.6 of the Master Agreement, the City agreed and accepted Contractor's Petition for an Adjustment to the rates for extraordinary increase above and beyond the automatic CPI adjustment (A true and correct copy of the new rates are attached and incorporated by reference as Exhibit "C"). The curb per mile will increase 6% to a new curb mile rate of $30.40.
NOW, THEREFORE, the paiiies to this Second Amendment agree as follows:
Section 1. The Master Agreement is attached as Exhibit "A." Section 2. Scope of Work. Section 1.1 A, of the Master Agreement, Exhibit "C" shall be replaced with Contractor's Letter Proposal, attached hereto in its entirety and containing the maps illustrating the days and times of scheduled street sweeping for all City streets, medians, and centerlines, as Exhibit "D". Exhibit "D" attached to this Second Amendment will be added to "Base Scope of Services" as set forth in the Master Agreement. Exhibit "D" sets forth residential street sweeping to be conducted Monday and Tuesday between 8:30 am through 1 :30 pm on alternating sides of the street and arterial and median sweeping to be conducted Monday and Thursdays between 12:00 am through 6:00 am. The remainder of Section 1.1 shall remain as reflected in the Master Agreement.
Section 3. Scope of Work. The first sentence of Section 1.1 B of the Master Agreement and Section 5 of the First Amendment shall both be amended and replaced as follows:
"Section 1.1 A notwithstanding, the Base Scope of Services shall not be deemed to include those specific additional services indicated under the heading "Additional Sweeping Items" on page 19 of Exhibit "B" (such non-included services and tasks hereinafter, referred to as the "Supplemental As-Needed Services") and those Additional Services set forth in Exhibit "E," which amends and replaces page 19 of Exhibit "B" (identified as page 14 of 14 on the bottom of said page) of the Master Agreement and Section 5 of the First Amendment in Redline v9
Attachment E Page 259 of 557
their entirety." The remainder of Section 1.1 B shall remain as reflected in the Master Agreement.
Section 4. Term. The first sentence of Section 1.2 of the Master Agreement shall be amended and replaced as follows:
"This Agreement shall have a term of seven (7) years commencing on July 1, 2021. ("Tenn"). The remainder of Section 1.2 shall remain as reflected in the Master Agreement."
Section 5. Compensation. Section 1.3 A. of the Master Agreement shall be amended and replaced as follows:
"Contractor shall perform the various services and tasks described in Base Scope of Services as set forth in the letter from the Contractor dated August 26, 2020, which includes the new applicable street sweeping route, sweeping rate, and sweeping frequency. The Contractor Letter Proposal is attached hereto as Exhibit "D" and incorporated herein by reference as though fully set forth (hereinafter also refeITed to as the "Approved Rate Schedule")."
Section 6. Compensation. Section 1.3 B. of the Master Agreement and Section 2 of the First Amendment shall be both amended and replaced as follows:
"B. Section 1.3(A) notwithstanding, Contractor's total compensation for the perfonnance of the services and tasks that comprise the Base Scope of Services shall be at a rate of $8,740.00 per month ("Rate") for the period of December 2020 through the remaining Term of the Master Agreement as set forth in Section 4 of this Second Amendment and the Approved Rate Schedule. This Rate shall be inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the work. For purposes of this Agreement the term "City Fiscal Year" means the period of time commencing on July, 1st of each calendar year and ending on June 30th of the calendar year immediately following.
Section 7. Compensation. The first sentence of Section 1.3 C of the Master Agreement shall be amended and replaced to read as follows:
"To the extent that Contractor requests the performance of any Supplemental As-Needed Services, Contractor shall be compensated for such services in accordance with the rate schedule set forth under the heading "Additional Sweeping Items" set forth in Exhibit E." The remainder of Section 1.3 C shall remain as reflected in the Master Agreement.
Section 8. Payment of Compensation. Section 1.4 of the Master Agreement and Section 4 (Payment of Compensation) of the First Amendment shall be amended and replaced with the following:
Redline v9
"1.4. Payment of Compensation: Following the conclusion of each calendar month, Contractor shall submit an invoice to the City setting forth Contractor's charges for services and tasks actually performed and satisfactorily performed by Contractor during the recently concluded calendar month under the Base Scope of Services and for any Additional Services actually requested by the City. Contractor's invoice shall charge, and Contractor shall be paid for Base Scope of Services at the lump sum amount of $8,740.00 per month ("Rate"), without reference to curb line miles swept during the recently concluded calendar month. To the extent that the invoice includes charges for Additional Services, the invoice must state: the type of Additional Services performed, and the rate of compensation associated with each category of Additional Work performed and the name of the Authorized Representative who requested the service. The Additional Services perfo1med will be billed at the applicable rate of compensation as set forth in Exhibit "E" attached hereto. All references in the Master Agreement and First Amendment to curb linear miles (CLM), are deleted in their entirety, and Exhibit "E" amends and replaces page 15 (14 of 14) of Exhibit "B" to the Master Agreement. Within thirty (30) calendar days ofreceipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five ( 45) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.
Section 9. Section 5 of the First Amendment is deleted in its entirety.
Section 10. Automatic Rate Adjustments. Section 1.5 of the Master Agreement shall be amended and replaced with the following:
"Commencing July 1, 2013, and annually on July 1st of each calendar year thereafter, the Approved Rate Schedule (Exhibit "D") and all other rates for Supplemental As-Needed Services (Exhibit "E") shall increase automatically by an amount equal to the lesser of: (i) the percentage change in the January Consumer Price Index for All Urban Consumers, Los Angeles-Riverside-Orange County Area, all items, as published by the United States Department of Labor ("CPI"); or (ii) three percent (3%). In the event the percentage change in the CPI is zero or less, then the rates shall remain unchanged." Section 11. Termination. Section 3 of the First Amendment (Termination Pursuant to RFP) is deleted in its entirety and the provisions of Section 5.1 of the Master Agreement shall remain in fl.111 force and effect.
Section 12. Assignment. The last sentence of Section 2.6 of the Master Agreement is hereby amended and replaced as follows:
"In the absence of City's prior written consent, not to be unreasonably withheld, any attempted assignment or transfer shall be ineffective, null and void and shall constitution a material breach of this Agreement."
Section 13. Miscellaneous.
Redline v9
(a) Effect of Amendment. The term "Master Agreement" when used in this Second Amendment or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by the First Amendment and this Second Amendment unless the context would require otherwise. Except to the extent the Master Agreement and First Amendment is specifically modified by this Second Amendment, the remaining tenns and conditions of the Master Agreement and First Amendment shall remain unmodified and in full force and effect. In the event of conflict or inconsistency between the terms and conditions of the Master Agreement, First Amendment and the terms and conditions of this Second Amendment, the tenns and conditions of this Second Amendment shall prevail and control but only to the extent of such conflict or inconsistency.
(b) Entire Agreement. The Master Agreement, together with the First Amendment, both as amended by this Second Amendment, embodies the entire, complete, final and exclusive expression of the understanding between Contractor and City with respect to its subject matter and can be changed only by an instrument in writing signed by Contractor and City. No statements, representations, or other agreements of any kind, whether written or oral, made by any Party which are not embodied in the Master Agreement, First Amendment and/or Second Amendment shall be valid or binding.
( c) Counterparts. This Second Amendment may be executed in one or more counterparts, including facsimile counterparts or electronic-mail counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Second Amendment.
[SIGNATURES ON FOLLOWING PAGE]
Redline v9
IN WITNESS WHEREOF, the City of Cudahy and Nationwide Environmental Services, a div. of Joe's Sweeping, Inc. have caused this Second Amendment to be executed as of the date indicated next to the signatures of the authorized officers which appear below:
Dated T}tl vYJ be r J ,2020
Dated November 30 ,2020
Redline v9
CITY OF CUDAHY
By:
Name:
Title: C,,H~
By:
Name: Ani Samuelian
Title: President
SERVICES,
INC.
SE
AGREEMENT FOR STREET SWEEPING SER vrcES
TIHS AGREEMENT FOR STREET SWEEPING SERVICES ("Agreement") is made and entered into this 6th day of March 2012 (hereinafter, the "Effective Date"), by and between the City of Cudahy, a municipal corporation ("CITY") and Nationwide Environmental Services, a div. of JoiJ's Sweeping, Inc. C:::lifornia corporation (hereinafter, "CONTRACTOR''). For the purposes of this Agreement City and CONTRCTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Pe.rty'' may refer to CITY or CONTRACTOR interchangeably.
WHEREAS, the CITY desires to contract for street sweeping services and CONTRACTOR desires to provide the Services to the CITY in accordance with this Agreement; and
WHEREAS, CITY has determined that CONTRACTOR possesses the skills, experience and resource capacity to under the services contemplated under this Agreement in a competent, skillful and cost-effective manner; and WHEREAS, the Parties hereto desire to enter this Agreement in the best interests of the CITY to provide clean and well maintained streets.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
I.
ENGAGEMENT TERMS
J .I SCOPE OF WORK: The CONTRACTOR will provide all of the Services to the CITY in accordance with this Agreement.
A. The CONTRACTOR shall provide street sweeping services and other related services and tasks as detailed in the CJTY's Request for Proposals/Street Sweeping Services dated as of November 4, 2011 (the "RFP") (Exhibit "A"), CONTRACTOR's November 22, 2011 response proposal entitled "City of Cudahy Street Sweeping Proposal" (the "Proposal") (Exhibit "B''), and the attached maps illustrating the day and time of scheduled sweeping for all CITY streets, medians and centerlines (Exhibit "C"). For purposes of this Agreement, the various services, tasks and operational requirements set forth in Exhibits A, B and C may be referred to collectivel)' as the "Base Scope Services". For the purposes of this Agreement the aforementioned any or all of the individual services and tasks set forth in the Base Scope Services may be referred to individually or collectively by the capitalized term "Work". The Base Scope of Services and the Work are inclusive of all labor, materials, tools, supplies, equipment, subsidiary services and tasks and incidental and customary work necessary to competently perform and timely complete the primary services and tasks set forth in the Scope of Services.
B. Section 1.1 (A) notwithstanding, the Base Scope of Services shall not be deemed to include those specific additional services indicated under page the heading "Additional Sweeping Items" on page 14 of Exhibit B (such non-included sen-ices and tasks hereinafter, referred to as the "Supplemental As-Needed Services"). CITY may from time-to-time, as needed require the performance of the Supplemental As-Needed Services or the performance of other services and tasks not specifically set forth under the Scope of Services. For purposes of this Agreement all such additional or supplemental services, including but not limited to, the Supplemental As-Needed Services, may be referred to collectively by the capitalized tenn "Additional Services".
2012- Street Sweep/Ng Services
C. Street sweeping shall not be performed on the following federally recognized holidays:
New Year's Day
Martin Luther King Day
Memorial Day
Jndependencc Day-July 4th
Labor Day (first Monday in September)
Thanksgiving Day
Day After Thanksgiving
Christmas Day
1.2 TERM: This Agreement shall have a tenn of seven (7) years commencing from the Effective Date ("Term"), Following the conclusion of the Term, the Agreement shall renew automatically, on the first day of each City Fiscal Year beginning after the expiration of the Term, for a maximum of three (3) one-year extension tenns unless prior to the expiration of the Term or Bn) extension term CITY provides CONTRACTOR with written notice of its intent not to renew the Agreement or unless the Agreement is otherwise terminated as provided under Article V of this Agreement. CITY shall provide ninety (90) days written notice to CONTRACTOR prior to the expiration of the initial Term or any subsequent extension term of its intent not to renew the Agreement. CONTRACTOR shall commence with the performance of the Work under this Agreement upon the issuance of a written notice to proceed by the City Representative.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Base Scope of Services in accordance with the compensation schedule set forth under the heading "Routine Sweeping Maintenance" of page 15 of the Proposal {hereinafter, the "Approved Rate Schedule"),
B, Section J .3(A) notwithstanding, CONTRACTOR 's total compensation for the performance of the services and tasks that comprise the Base Scope of Services shall not exceed the aggreg,1te sum of ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000.00) per City Fiscal Year (heroinafter, the "Not-to-Excee<.i Sum'") through the Term of this Agreement.
CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials. tools, supplies, equipment, services, tasks and incidental and customruy work necessary to competently perform and timely complete the Work. For purposes of this Agreement the capitalized term "City Fiscal Year" means the period of time commencing on July I st of each calendar year and ending on JW1e 30th of the calendar year immediately following. _ C. To the oxtent CONTRACTOR requests the performunce of nny Supplemental As-Needed Services, CONTRACTOR shall be compensated for such services in accordance with the rate schedule set forth under the heading "Auditional Sweeping items" on page 16 of the Proposal. Addition;;! Services, other than the 8uppleme;ital As-Needed Services shall be billed to CONTRACTOR on a time and materials basis applying CONTR.\CTOR'S ~tanderd rate schedule at the time the reque~t for such Additional Services is made. The City Representatives shall be authorized to request up to THIRTY THOUSAND DOLLARS (S30,000.00) in the aggr.::gate per City Fiscal Yeu in Additional Services (including Supplemental As-Needed Services). Any single expenditure for Additional Services that is in excess of $30,000.00 or that woulu otherwise cause the total expenditure on Additional Services to exceed $30,000.00 in a single City Fiscal Yeor shall first require the approval of the City Council. Any Additional Services requested by CITY shall be requested by way of a written work order and notice to proceed signed by a City Representatives or in the case of expenditures that exceed the City Fiscal Year expenditure limits, signed by both the Mayor and the City Manager.
D. CONTRACTOR shall not, nor shall it permit any agent, employee, or subcontractor employed by it to tetjuest, solicit, C:emt.nd, or accept, either directly or indirectly, any compensation or gratuity for the tiWceping of streets a~ defined, except such compensation as provided by this Agreement.
l.·1 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit an invoice to City setting forth CONTRACTOR's charges for all services and tasks actually and satisfactorily perfonned by Page .2 of 14
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CONTRACTOR during the recently concluded calendar month under the Base Scope of Services and for any Additional Services actually requested by CITY. CONTRACTOR invoices shall state the area swept b) route and the number of curb line miles swept thereon along with the applicable rate as well as the performance of any other services billable as part of the Base Scope of Services. To the extent the invoice includes charges for Additional Services, the invoice must state: the type of Additional Services perfonned and the rate of compensation associated with each category of Additional Work performed and the name of the irnthorized City Represent.ative who requested the service. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within fort)-five (45) calendar day of receipt of each inrnice, CITY shall pay all undisputed amounts included on the invoice. CJTY shall not withhold applicable taxes or other authorized deductions from payments made to CON1RACTOR.
1.5 AUTOMATIC RATE ADJUS1;-_Jyf_BNTS: Commencing July I, 2013 and annually on July 1'1 of each calendar year thereafter, the Approved Rate Schedule and all other rates for Supplemental As-Needed Services set forth under page 15 of the Proposal sholl increase automatically by on amount equal to the lesser of (i) the percentage change in the Januory Consumer Price Index for All Urban Consumers, Los Angeles-Riverside-Orange County Area, All Items, as published by the United States Department of Labor ("CPI") or (ii) three percent (3%). In the event the percentage change in the CPI is zero or less, then the rates shall remain unchanged.
1.6 f;XTRAORDINARY RATE ADJUSTMENTS~
A. CONTRACTOR may from time to tim.e petition the City for a supplemental adjustment to the rates set forth under the Approved Rate Schedule or under the rate schedule applicable to Supplemental As-Needed Service that is above and beyond the automatic adjustment set forth under Section 1.5, aborn, to reasonably offaet significant and material increases in CONTRACTOR's operating costs, which are attributable to extraordinary and unforeseen changes in federal, state, or local laws or regulations that are adopted after the execution of this Agreement, and those that are related to increases in tipping fees and fuel charges. Any such supplemental rate adjustment shall hereinafter be referred to as an "Extraordinary Adjustment". Such Extraordinory Adjustments shall be reviewed by the City Representatives on a case-by-case basis and evaluated in accordance with the unique and compelling facts and circumstances surrounding the request.
B. No Extraordinary Adjustments shall be requested or granted prior to July 1, 2014 and no such requests shall be submitted within six (6) months from the last automatic rate increase set forth under Section 1.5. Any Extraordinory Increase granted by the City Representatives shall rake effect on July 1 st of the City Fiscal Year immediately following the City Fiscal Year in which the written request for an Extraordinary Increase was submitted to the City Representatives. CONTRACTOR may not petition for an Extraordinary Adjustment more than one(!) time in a given City Fiscal Year. If CONTRACTOR is granted an Extraordinary Adjustment, CONTRACTOR shall be prohibited from submitting a petition for another Extraordinary Adjustment during the City Fiscal Year in which the most recent Extraordinary Adjustment took effect.
C. A petition for an Extraordinary Adjustment shall include sufficient documentation for the City Representatives to find that there is clear and convincing evidence to support the Extraordinary Adjustment petitioned for or any lesser amount supported by the evidence. Such documentation shall include a brief written summary explaining the nature of the extraordinary cost which Contractor seeks to recover, and the manner and method by which Contractor's increase calculations have been arrived at. Such documentation shall be accompanied by the following:
1. True and correct copies of all legislation, administrative orders or other governmental documents evidencing the legislative or regulatory change or increases in tipping fees and fuel charges that give rise to a significant and material increase in operating costs;
ii. A suitably detailed financial analysis which demonstrates the degree to which the legislative and/or regulatory change has caused a significant and material increase in operating costs; iii. Such other documentation, data and!or information as the City Representatives deem reasonably necessarr in order to evaluate the merit ofCONTRACTOR's request and the accuracy ofCONTRACTOR's proposed increase; ond:'or
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iv. Evidence that new City-directed changes to street sweeping requirements have resulted in increased costs to the CONTRACTOR.
D. The City Representatives shall evaluate CONTRACTOR's petition and, in their sole and absolute discretion, may deny the request, approve the request as proposed and1
or approve a modified adjustment amount and shall issue written notice of its decision to CONTRACTOR. The CONTRACTOR shall have three (3) CITY business da}s from the date of the written notice to submit a written objection to the City Representative's detennination as to its Extraordinary Adjustment request.
The City Representatives may revise their deterrnination in light of CONTRACTOR's objection and, in such event, shall issue a new notice stating the re,ised determination. If the Cit} Representatives reject the CONTRACTOR's objection or if the CONTRACTOR objects to any revised determination, the CONTRACTOR shall have three (3) CITY business days from the date of the rejection or the date of any notice of a revised calculation to submit a written request for an appeal to the City Council where the matter may be heard and where interested members of the public may submit comment in favor of or in opposition to the proposed Extraordinary Adjustment. The City Council, in its sole and absolute discretion, may approve the request as proposed, approve the request in modified form or deny the request. The appeal request shall state the basis for the appeal and shall include all supporting documentation in support of the CONTRACTOR's position. The City Council's decision on the appeal request shall be final and binding. All written objections and appeals requests shall be submitted to the City Representatives. The foregoing notwithstanding, in no event may CONTRACTOR be granted an Extraordinary Adjustment which, when added to the upcoming annual automatic adjustment set forth under Section l.5, would cause rates to increase by more than six percent (6%) by the start ofa given City Fiscal Year.
1.7 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.8 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perfonn the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONTRACTOR shall deliver to CnY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR cessation or abandonment.
11. PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATfVES: The CfTY hereby designates the City Manager and the Director of Community Services, (hereinafter, the "CITY R-:prcseutatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for alt purposes under this Agreement CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONTRACTOR REPRESENTATIVE: CONTRACTOR hereby designates Ani Samuelian, Vice PresidentiDirector, to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative"). CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 DEFICIENCIES: If the CITY Representatives or their designee determine that there are deficiencies in the performance of the Work contemplated under this Agreement, the City will provide a written notice to CONTRACTOR to correct the deficiencies within a specified time frame. The written notice shall consist of a description of the deficiency, the location, and the miles to be deducted from the day's performance of Services. Said specified time frame shall be reasonable as detennined by CITY in order
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to correct the deficiencies within said time frame. Notwithstanding this paragraph, CITY may terminate this Agreement as herein provided.
2.4 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS: CONTRACTOR agrees to work closely with CrIY staff in the perfonnance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
2.5 STANDARD OF CARE; PERPORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. CONTRACTOR shall perform all Work skillfully, competently and to the highest standards ofCONTRACTOR's profession; B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONTRACTOR shall comply with oll applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section l090 and the Political Reform Act (Government Code Section 81000 ct seq.);
D. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules ofperfonnance;
E, All ofCONTRACTOR's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR's employees and agents (including but not limited subcontractors and subconsultants) possess alt licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
G. CONTRACTOR'S employees and agents (including but not limited to subcontractors) shall possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
H. Employees driving CONTRACTOR's vehicles shall at all times possess and CBIT}' a valid State of California Driver's License for the appropriate type, size, weight and use oft.he vehicle operated by the CONTRACTOR's employee.
I. CONTRACTOR's employees shall conform to all City, Count), State and Federal drug testing requirements.
The Parties acknowledge and agree that CONTRACTOR shall perfonn, at CONTRACTOR 's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work perfonned by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in perfonnance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards ofCONTRACTOR's profession.
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2.6 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and yoid and shall constitute a material breach of this Agreement.
2.7 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR's strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent contractor basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such sen·ices does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security twces, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsulttmts is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perfonn the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONTRACTOR and shall not be re-assigned to perform any of the Work.
2.9 COMPLIANCE WITH LA \VS; CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR's compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.1 0NON-DISCRfMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, gender, gender identification, gender expression, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in an) manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain polices of insurance that meet the requirements and specifications set fortl1 under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
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A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") :is broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 000 I) or its equivalent. Such COL Coverage shall have minimum limits of no less than One Million Five Hundred Thousand Dollars ($1,500,000.00) per occurrence or Three Million Dollars ($3,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability. 8, Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 000 l covering Automobile Liabili~·. Code l (any auto). Such Automobile Liability Jnsurance shall have minimum limits of no less than One Million Five Hundred Thousand Dollars (SI,500,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Emplover's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against anr loss, claim or damage arising from any injuries or occupational diseac;es occurring to any worker emp!O) ed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agree~ent.
3.2 ADDlTIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and C[TY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the late~1: edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:Vlll. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according lo the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance.' Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRJMACY OF CONTRACTOR'S INSURANCE: All polices of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CJTY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR 's insurance and shall not contribute with it
3.5 WA!VER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors or subconsultant~ from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CJTY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONTRACTOR warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the co\'erage required under this Article on fonns satisfactm')' to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, sod shall be on forms proYided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTilACTOR's commencement of any work or any of the Work. Upon CITY's written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies nnd endorsements.
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IV.
INDEMNIFICA TrON
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY lndemnitecs") should, to the fullest extent permitted by lnw, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY lndemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR's commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert foes and all other cost~ and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its fuilure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall ha\'c the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR's failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and ClTY's elected and appointed officials, officers, employees, agents and volunteers.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. in the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR's subcontractors or an) other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel ofCITY's choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because ofthc acceptance by CITY, or the deposit with ClTY, of any insurance policy or certificate required pursuant to this Agreement. This hold hannless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATIQN FOR CONVENIENCE: CITY may terminate this Agreement prior to the expiration of the initial Term at any time for convenience and without cause by giving CONTRACTOR a minimum of two (2) years prior written notice. In the event of such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been completed or performed by CONTRACTOR up to the effective date of the termination. Nothing in this Section shall be interpreted to require CITY to provide a minimum of one year's prior written notice for purposes of declining to extend the
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Agreement beyond the initial Term or beyond the expiration of any subsequent one-year extension tenn; it shall suffice that CITY communicate its intention not to extend the Agreement for any subsequent extension term at any time prior to the expiration of the initial Term or prior to the expiration of any preceding one-year extension term. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, C[TY ma~,, to the extent applicable, require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. fn the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly pcrfonn any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable authorized cure period set forth under Sections 52.B and 5.2C below. The Event of Default shall constitute a breach of this Agreement if the defaulting Part) fails to cure the Event of Default within the applicable authorized cure period or any extended cure period allowed under this Agreement. If this Agreement does not specify a period of time by which the performance of a particular duty, obligation, service or task to be performed by Contractor shall be considered untimely and thereafter become an Event of Default, the deadline period shall be deemed to be a period that is not more than fourteen (14) calendar days from the date of City's written demand that such duty, obligation, service or task be performed by Contractor.
8. CONlRACTOR shall cure each of the following varieties of Events of Defaults within the following applicable cure periods:
i. Within ten (10) calendar days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, certifications, plans, infonnation, data, documentation or written work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the initial 10-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure ofan Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within ten (10) calendar days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely pay any sums owed to CITY under this Agreement (CITY shall be under no obligation to consider or grant any extension of time for the payment of past due sums owed to CITY under this Agreement); or iii. Within (10) calendar days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to procure or maintain the policies of insurance required under this Agreement or CONTRACTOR' s failure to timely provide proof of such insurance to CITY as required under this Agreement (CITY shall be under no obligation to consider or grant any extension of time for any failure to procure or maintain required polices of insurance); or iv. Within thirty (30) calendar days of ClTY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR ma} submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.ii that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
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C. Sections 5.2.A and 5.2.B of this Agreement notwithstanding, the Parties acknO\dedge, understand and agree that an Ernnt of Default under this Agreement shall also include, but shall not be limited to the following specific varieties of default:
i. CONTRACTOR's tRlcing of the benefit of any present or future insolvency statute, or general assignment for the benefit of creditors, or CONTRACTOR's filing of a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for CONTRACTOR's reorganization or the readjustment ofCONTRACTOR's indebtedness under Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or CONTRACTOR's consent to the appointment of a receiver, trustee or liquidator of all or substantially all of CONTRACTOR's property; or ii. By order or decree of a Court, CONTRACTOR is adjudged bankrupt or an order shall be made approYing a petition filed by illl)" of CONTRACTOR's creditors or by any of the stockholders of CONTRACTOR, seeking CONTRACTOR's reorganization or the readjustment of its indebtedness under Federal bankruptcy laws or under any law or statute of the United States or of any state thereof; or
iii. By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of CONTRACTOR; or iv. Becomes the subject of or a party to any regulatory enforcement action brought b) nny federal, State or !ocal governmental agency in connection with it~ performance of street sweeping services under this Agreement; or \'. CONTRACTOR 's failure to procure or maintain any and all licenses, permits or other like governmental authorizations required for CONTRACTOR to perform the street sweeping services contemplated under this Agreement.
D. City shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commence-0 its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, any Event of Default arising out of CITY's failure to timely pay any undisputed sums invoiced by CONTRACTOR shall be cured within ten (IO) calendar days from the date CONTRACTOR issues written notice to CITY that an Event of Default has occurred; after such 10-day cure period the Event of Default shall constitute a breach of this Agreement.
E. In addition to any other rights or remedies available to CITY under this Agreement, CITY, in its sole and absolute discretion, may also immediately suspend all or any portion of CONTRACTOR's performance under this Agreement for convenience, for cause or both by issuance of a notice of suspension ("Suspension Notice"). CITY may issue the Suspension Notice at any time. If CONTRACTOR's services nre suspended for convenience, the total number of suspension days in a single City Fiscal Year may not exceed one hundred and twenty (120) days total and no single suspension may exceed a period of ninety (90) consecutive days. If CONTRACTOR's services are suspended for cause, such suspension shall be indefinite pending CONTRACTOR's cure of any and all outstanding Events of Default to the reasonable satisfaction of CITY or the tennination of this Agreement by CITY, whichever occurs first. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise to such waiver, benefit, privilege or service.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. [n addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
2012 - Street Sweeping Sef11ices
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate or suspend CONTRACTOR's perfonnance under this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time ofperfonnance; iii. Call upon any security procured by CONTRACTOR to secure CONTRACTOR'S performance under this Agreement; iv. Withhold any sums owed CONTRACTOR and apply such sum to any delinquent sums owed to CITY by CONTRACTOR;
v. Impose any liquidated damages authorized under this Article; vi. The CITY may proceed by appropriate court action to enforce or interpret the terms of the Agreement, to recover damages for CONTRACTOR's breach of the Agreement; or
vii. The CITY may pursue any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
H. In the event CfTY is in breach of this Agreement, CONTRACTOR's may pursue any and all remedies available to it at law or in equity.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVfVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or an) extension thereto shall not operate to teiminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA: LICENSING OF lNTELLJ;:CTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all complaint logs, reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed andlor assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONTRACTOR shall require all subcontractors and subconsultants working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement nre doomed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be
2012-Street Sweeping Services
returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been dctcnnined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 ct seq,
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONTRACTOR:
Nationwide Environmental Services
l l 914 Front Street
Norwdk, CA 90650
Attn: Ani Samuelian, Vice President/Director
Phone: (562) 860-0604
Fax: (562) 868-5726
Email: ,.l..11 ;,.~. ;::;!:,-,,~·,f.•,_;f:l',i0 ,!· /!•JJ;l CITY:
Ci~, of Cudahy
Community Services Department
5220 Santa Ana Street
Cudahy, CA 90201
Attn: Community Services Director
Phone: (123) 773-5143
Email: ._,,,, ,.JI__..,.:, i:-t~•:c0 /!"t.;!;-·.l'i~·•· o .. ,_.
Such notices shall be deemed effective when personally delivered ru: successfully transmitted by facsimile as evidenced by a fax confirmation slip Ql: when mailed, fort)-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement
6.6 SUBCONTRACTING: CONTRACTOR shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CJTY FREE TO CONTRACT WITH THIRD PARTlES: Nothing in this Agreement shall be construed as confening upon CONTRACTOR an exclusive franchise right to perform an) of the services contemplated under this Agreement. _At all times relevant under this Agreement, including during any period of suspension referenced under Section 5 .2, above, CITY reserves the right to retain other contractors to perform work identical to work contemplated under this Agreement, including work affecting those areas of the City of Cudahy serviced by CONTRACTOR under this Agreement.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement.
Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR. any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the tenn of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement
6.10 GOVERNfNG LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior
2012-Street Sweeping Services
Court of the State of California. If, and only if, applicable law requires that all or part ofany such litigation be tried exclusiyeJy in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 A ITORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCE_SSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
All rights and benefits under this Agreement inure exclusively to the Parties.
6.14CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16AMENDMENT: MODIF!CA TION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6. l 7CAPTJONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
6. l 8INCONSISTENC_IJ;'.§ OR CONFLICTS: In the event of any conflict or inconsistenc!' between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control. In the event of any conflict or inconsistency between the provisions of the RFP and the provisions of the Proposal, the provisions of the RFP shall supersede and control.
6.19ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, represent.ations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.209OUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
2012- Stree/ Sweeping Services
NATIONWIDE ENVIRONMENTAL
SER ,
INC.
Name: Aoj S3DEliao
ATTEST:
By:UM~ Angela Busamante
Title: Vice Pre;id:nl::
Deputy City Clerk
APPROVED AS TO FORM:
20 I 2 - Street Sweeping Services
CITY OF CUDAHY
REQUEST FOR PROPOSALS
STRf=ET SWEEPING SERVICES
Sealed Proposals must be submitted by Tuesday, November 22, 2!1'1 i, no iater than 3 p,,m, and marked to the Attention of the Deputy City Clerk Angela Bustamante. Any and all proposals submitted after the deadline will not be considered. Proposals will be immediately publicly opened at 3 p.m. prompt, on Tuesday, November 22, 2011.
REQUEST FOR PROPOSAL (RFP)
Consideration for the City Street Sweeping Contract will be conducted through a Request for Proposals; not an open bid.
DESCRIPTION OF DUTIES
The City Street Sweeping Contract will provide street sweeping services of all paved streets, street medians, cul-de-sacs, and street center-lines. All locations are within the city limits of the City of Cudahy. The contractor shall provide all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to deliver excellent street sweeping services.
PROPOSAL FORMAT
Your Proposal should be submitted in the following format:
Section 1: Describe your finn, including your area of specialization; number of employees; prior experience performing similar services; cunent workload; Etc.
Section 2: Describe your firm's or employee's experience working for or with municipal governments.
Section 3: Describe how you typically conununicatc with City staff regarding your status.
Please provide any report formats you c1mently us to keep City staff informed about the status.
Section 4: Provide the names and backgrounds of the individuals \\ho will be pro,iding the actual services to the City. Include their prior experience proYiding sweeping services to munkipalities and/or other previous experience working with municipalities.
Section 5: Provide a total annual cost to perform the City's Street Sweeping Sc1,1iccs for the activity levels described, as requested in the Proposal Form. This shall be the total amount payable to the Contractor by the City. Amount will be paid monthly. If activity levels exceed those described, the Contractor shall be entitled to additional compensation on a pro-rated basis. Annual CPI will be granted.
Section 6: Provide any additional infmmation you believe will be helpful to assist the review of your proposal. Include any attachments, exhibits or reports which you feel will help us to gain an understanding of your fim1's ability to proYide
service to 1he City of Cudahy. To be considered, proof and/or evidence of equipment in compliance with current regulations must be submitted.
Your Proposal must respond to and conform with the Street Sweeping Specifications (Included as Attachment 1 ), and the draft Service Agreement For Street Sweeping Services (included as Attachment 2).
SCHEDUL~_OFEVENT~
The following is the proposed schedule for the selection process:
Request for Proposals (RFPs) maned
RFPs final submittal date
Evaluation Period
Contract approval
Contract Commencement
MISCELLANEOUS PROVISIONS
The following meanings are attached to the following defined words when used in these specifications and the contract. The word "City" means the City of Cudahy, Califomia.
The word "Bidder", "Contractor", or "Firm" means the person, firm or corporation submitting a proposal to provide street sweeping services.
This Request for Proposal does not commit the City to award a contract or to pay any cost incurred in the preparation of a proposal.
The City reserves the right to cancel in part, or jn its entirety, this Request for Proposal (RFP). Initial Contract Term - 1 to 5 year terms (City reseryes the right to negotiate with contractor for longer term). Option to renew or extend the Contract is contingent upon negotiation.
Any changes to the Request for Proposal (RFP) requirements will be made by addendum.
All addenda shall be signed by bidders and attached to the proposal. Failure to attach any addenda may render the proposal non-responsive and cause it to be eliminated from consideration.
All responses to the Request for Proposal (RFP) become the property of the City of Cudahy. At such time a final award is made, all proposals submitted in response to this Request for Proposal (RFP) become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the bidder as business or "Trade Secret", and is required under the Public Record ,\ct.
SELECTION
All proposals will be reviewed by City Staff. Contractors whose proposals best meet the o~jectives of the project may be invited to make a presentation. The contract will be awarded to the fim1 who meets all the City's requirements, offers the most advantageous combination of low price and high ranldng for the various components contained herein and whose proposal best serves the interest of the City as determined by the City Council.
Proposals wj)] be evaluated on the basis of the following criteria:
1. Cost; no more than 30 points of the scoring process will be contingent upon the service costs;
2. Responsive bidder not the lowest bidder
3. Meaningful experience providing street sweeping services;
4. Compliance with specifications;
5. Responsiveness and thoroughness of proposal;
6. Past record of performance of contracts with clients, or other governmental agencies;
7. Ease of operation;
8. Personnel proposed to work on the project and the qualifications of those individuals.
9. Review and ernluation of equipment and facilities;
10. Any other factors determined by the City to be relevant to the performance of these ser,;ices.
11. Loc<1J contractor with immediate response time
Citp ofCudaltp STREET SWEEPING SPECIFICATIONS Attachment l STREET SWEEPING Sim.VICE SPECIFIC/\ TIONS
Services shall include furnishing all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to satisfacto1y pe1form all work necessary as specified.
I. Services Required
A. Routine Sweeping Services: The Contractor shall provide street sweeping services as follows; on designated arterial (major), collector, commercial, residential, and industrial streets as indicated by Exhibit "A".
Sweeping hours for streets shall be as designated by City, on l\londay and Friday, or as approved schedules deem necessa1y. All streets are scheduled for sweeping e,ery week (as estimated total of 52 sweeps per year). Exhibit "B" illustrates the day and time of scheduled sweeping for all City streets.
Medians and centerlines are scheduled for sweeping every other week.
Exhibit "E'' illustrates the medians and centerlines.
B. Additional Services: Additional services, including emergency call-outs, or assignments requested by the City, including special event sweeping, shall be pcrfo1111ed by the Contracter. Payment for such services shall be based upon hourly rate provided in the proposal.
C. Changes in Services: During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or number of miles of street sweeping services. The said increase or decrease shall be by written change order to the Contractor. The unit price for change order sweeping shall be the contract unit price.
D. Emergency Response: The selected Contractor shall respond to the City during the event of an emergency, if so requested. Payment to the Contractor will be measured by the actual hours spent sweeping.
II. Disposal
A. The Contractor shall transport and dispose ali sweepings in accordance with all county, state. and federal requirements.
III. Hours of Operation
Standard operating hours for sweeping under this agreement shall be as agreed to by the City and Contractor, or until sweeping is completed.
IV, Holidays
The following is a list of holidays on which the contract service will not be performed:
New Year's Day
Memorial Day
lndepe11de11ce Day- July 4111
Labor Day (First Monday in September)
Thanksgiving Day
Christmas Day
V. Weather Conditions
The City of Cudahy designated representative reserves the right to be the sole judge if weather is too inclement to sweep the streets. When ad,·erse weather interrupts sweeping, the Contractor shall adjust the work schedule so as to return to the normal weekly schedule the following week. The City reserves the right to direct schedule changes made necessary due to inclement weather. In the e,·ent of rainy day, the Contractor shall obtain approval from the City representative for alternate day sweeping.
V. Contractor/City Communications
A. Contractor Contact Person: Throughout the period of this contract, the Contractor shall designate an office and an authorized contact person within close proximity who shall serve as the point of contact for communications with the Contractor.
The contact person will be responsible for inspection of streets being swept and to identify special requirements and deficiencies. At the end of each week, the supervisor shall make contact with the City's representative for the purpose of exchanging information about the week's sweeping, including production and deficiency reports.
The contact person shall notify the City of Cudahy at the start of each Shift, and at the time of the completion of the last sweeper completing the scheduled route(s). The contact person shall be immediately available during each sweeper shift.
B. Citv Contact: The overall contract administrator for the City is the Chief Administrative Officer. For daily operations, the point of contract will be the Chief Administrative Officer, or designated representative.
C. Complaints and Requests for Service: The Contractor's designated ofiice shall have a twenty-four (24) hour telephone service and a responsible
person in charge Monday through Saturday, to receive all complaints/ requests for service fo1warded by the employees of the City of Cudahy.
All complaints shall be resolved in an expeditious manner within the following twenty-four (24) hour period.
VII. Contract Complaints and Deficiencies
A Complaints Received by the City: The City will notify the Contractor by telephone and/or in v.Titing of each contract complaint received.
If there are any complaints of deficiencies on any given day, the City will prepare a report and submit it to the Contractor by 3 :30 p.m. on the next City work day.
Inspection reports of unsatisfactory performance will include description of the deficiency, location, and the curb line, miles (or fractions thereof), to be deducted from the day's performance.
B. Complaints received by the Contractor: The Contractor shall submit to the City all complaints which are received on a daily basis.
C. Complaint Resolution: The Contrnctor shall contact the office of CAO within the same working day after receiving a complaint. If requested by the CAO or his/her authorized representative, the Contractor shall personally appear at the City to confer about any calls and act upon all reasonable requests and instructions.
D. Complaints Log: The Contractor shall keep a log of all complaints and shall submit this log to the City on a monthly basis. The log shall contain information relative to the resolution of each complaint.
VIII. Contractor's Employees
A. Identification: Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees who nonnally and regularly come into direct contact with the public shall bear some means of individual identification, such as a name tag or identification card.
B. Driver's License: Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of California Driver's License for the appropriate type, size, weight, and use of the vehicle operated by the Contractor's employee.
C. Drug Testing: The Contractor's employees shall conform to all City, County, State and Federal drug testing requirements.
D. Conduct: The Contractor's employees, oflicers, subcontractors shall Not identify themselves as being employees of the City of Cudah,.
Employees shall conduct themselves in such a manner to avoid Embarrassment to the City of Cudahy and shall be courteous to the public. lf required, the City retains the right to require a pa1iicular operator be removed from working on this contract.
IX. Contractor's Equipment
A. Sweeping Equipment - Type, Quantity, and Condit.ion; The Contractor shall provide and maintain during the entire period of the contract a fleet of alternative fuel vehicles per the South Coast Air Quality Management Board Rule 1186.1 mandates.
Background on Ruic 1186.1 - Less-Polluting Sweepers
To reduce air toxic and crite1ia pollutant emissions, this rule requires certain public and private sweeper fleet operators to acquire alternative-fuel or otherwise lesspolluting sweepers\, hen purchasing or leasing these vehicles for sweeping operations undertaken by or for go\·emment entities in the jurisdiction of the AQMD.
I. This rule applies to:
~ any federal, state, county, city or governmental department or agency; • any special district (such as water, air, sanitation, transit, and school districts);
• any private individual Jinn, association, franchise, contractor, user, or owner (who provides sweeping services to a government agency) • any of which owns or leases 15 or more vehicles including passenger cars, light-duty trucks, and medium-and heavy-duty on-road vehicles.
2. This rule applies to the acquisition of sweepers over 14,000 pounds-gross vehicle weight rating. The rule exempts the acquisition manufacturer evaluation/test vehicles.
All equipped utilized in the City of Cudahy shall use clean burning alternative fuel, such as Compressed Natural Gas (CNG) or as approved by the City of Cudahy. Equipment shall be no older than (2) years, unless the condition of the equipment is determined to be acceptable by the City. The city reserves the right to determine the locations to be swept by each of the types of sweepers mentioned aboYe.Flect shidl be new models of the latest design and construction and shall not be prototype models. They all must also have a GPS system. Any changes in the Contractor's sweeping equipment from the initial equipment must have prior approval of the City
All vehicles must be maintained in good repair, appearance, and sanitary condition at all times. The City reserves t11e right to audit the contractor's vehicles at any time ascertain said conditions. The City's representative shall have the right to "shut down" immediately, upon inspection, any vehicle/sweeper deemed unsafe, unsatisfactory or not AQMD certified during performance of this contract.
The Contractor shall furnish the City with a list identifying all equipment to be used in fulfilling this agreement and notify the City of any additions or deletions.
The Contractor shall utilize a sweeper fleet appropriate for servicing a approximately 50 curb line miles of street sweeping.
B. Equipment Identification: AlJ vehicles and equipment to be used by the Contractor must be clearly identified with the name of the company, address of local office, and telephone number of local office on each side of the equipment. Also, the words "Under Contract of the City of Cudahy" must be on aU equipment, including personnel transportation vehicles. The letter shall be at least (3) inclles high and propmiionate width.
C. Equipment Safety Requirement: All equipment must be in accordance with State Laws including hazard lights visible from the rear that operate independently of the brake lights.
D. Minimum Sweeping Width Required: Equipment must be capable of sweeping a minimum eight (8) food width as measured with all brooms in the sweeping position. Equipment not able to do this is not acceptable.
X. Water
The Contractor will need to make separate arrangements with Tract 180 and Tract 349 Water Company for water within their service area. The Water companies at their discretion may require at the expense of the Contractor, the attachment of water consumption devices to their machinery.
Xt Standard of Performance
Level of Cleanliness: The Contractor shall remoYe all debris from aJI streets every sweeping cycle. The Contractor shall make as many passes as necessary to accomplish the takes. This action will include removal of spills of concrete, rnck, gravel, accident debris, etc. Items oflarge size, such as cardboard, palm fronds, large rocks, etc, shall be physicaJly picked up and placed i11 the sweeper by the operator or other personnel, if possible. The Contractor shall move excessively large items from the area to be swept in to the parkway area and notify the City.
XII. Areas to be Cleaned
A. Alierial, industrial, residential, and commercial streets, including: shall be swept on the days and within hours indicated in Exhibit "A".
B. The following City facilities shall be swept at the frequency level indicated:
City Hall/Cudahy Park: Parking Lot and adjacent curbs
Clara Park: Parking Lot and adjacent curbs
Lugo Park: Parking Lot and adjacent curbs
River Front Park: adjacent curbs
The City may change from time to time the list of public facilities to be Swept by adding to or deleting from the above list.
C. All curbs und uncurbed pavement edges shall be swept each time the associated street is swept. Sweeping shall consist of minimum 8-foot wide span from each edge of the street. In no case shall there be any debris remaining on this area after sweeping is completed.
XIII. Sweeping Practices
The Contractor at all times use good sweeping practices and will be responsible to make adjustments to the equipment, as directed by the City representative. The Contractor must exercise due care so as to prevent spilling, scattering, or dropping of refuse throughout sweeping activity and shall immediately clean up such spillage, dropping, or scattering. Sweeping practices include, but are not limited to:
A. Position gutter brooms at the proper angle to the gutter line, touching the curb.
B. Set main broom in level position to assure debris pick up, Apply appropriate broom pressure for sweeping conditions to obtain a minimwn strike pattern of five (5) inches.
C. Adjust spray nozzles to keep dust, caused by sweeping, to a minimum.
D. Center dirt reflector and main drag shoes shall be properly maintained and Adjusted, or any other device designed to direct debris or dirt into the path of the rear broom.
E. Sweeping speed shall be adjusted to street conditions with a maximum
speed of SIX (6) miles per hour. Crosswalks shall be swept at a maximum speed of THREE (3) miles per hour.
F. Operate sweepers as close to parked cars and other obstacles as safety G. Use common and good judgment at all times.
XIV. Construction Related Problems and Storm Debris
Dirt and debris carried onto streets from identifiable construction sites js not considered the responsibility of the Contractor iflocated wjthin 500 feet of the construction site. However, the Contractor will be responsible for making four ( 4) separate passes in front of each site at a speed below the contract limit, regardless of the condition. The Contractor is required to report construction areas daily by using foreman's report to state construction sites. 'The Contractor will be required to totally clean alJ debris carried by traffic to areas beyond 1,000 feet from responsibility. Strom clean up and sweeping must be completed as soon as possible. Night sweeping shall be pennitted for normal storm clean up, at no additional cost to the City.
XV. Handling of Deficiencies
Deficiencies must be corrected within the same working day as receipt of a verbal or written deficiency notice. Failure of the Contractor to do so will result in a deduction of no1 less than one (1) curb line mile plus onc-halfof a curb line mile from the next payment. Failure to correct deficiency within the same working day of the notice shall be considered failure to perform. Each area unsatisfactorily cleaned, will be considered a separate deficiency unless located with the same continuous mile section on the same street.
XVI. Measurement for Payment
A. Regular Service: This service will be measured for payment by the total number of curb line miles swept satisfactorily. The miles shall be calculated to the nearest hundredths of a mile. Intersections shall be measured in both directions when routes cross.
B. Additional Services: Emergency call outs ,vilJ be measured by the actual hours spent sweeping plus the shortest travel time either to or from work site. Travel time longer than twenty (20) minutes must be justified on the daily report. The hours will be calculated to the nearest one-quarter hour (15) minutes. Special events sweeping shall be paid for actual hours of Sweeping.
Page 'l 1 of 14
XVII. Payment for Service
A. Regular Ser\'ice: The Contractor must in\'Oice the City on a monthly basis for the amount of service actually perfonned. The Contractor invoices shall state the area swept by route and the number of curb line miles swept thereon. If there are no deficiencies which were not corrected in the specific time, a separate sheet listing shall be submitted. Length of each street or route not completed must be shown.
B. Additional Services: The contractor must invoice the City on a monthly basis for all additional service. The invoice must state: the type of service (emergency, parking lots, etc.), and the person who requested the service.
Upon requested, the Contractor shall submit, along with the monthly payment requests, payroll records of each and every employee who worked in the field on acth ities associated with execution of this contract.
Information submitted shall include name, title, rate of pay, total weekly Pay, hours worked each day, and indication of the number of hours worked During the week by each person on each district activity, whether or not related to this contract.
X\'U. Fees and Gratuities
The Contractor shall not, nor shall it permit any agent, employee, or subcontractor employed by it to request, solicit, demand, or accept, elther directly or indirectly, any compensation or gratuity for the sweeping of streets as defined, except such compensation as provided by the Agreement.
XIX. License, Permits, Fees, and Assessments
The Contractor shall obtain as .its sole cost and expense such license, permits and approvals as may be required by law for the perfonnance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, imposed by law and arise from or are necessary for the Contractor's perfonnancc of the sen-ices required by this Agreement, and shall indemnify, defend, and hold levied, assessed, or imposed against City hereunder.
XX. Insurance
Contractor agrees to indemnify, defend and hold hrumless the City of Cudahy and all its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on arising out of, or in any war related to the work undertaken by Contractor hereunder. The liability insurance coverage values shall be:
Insurance Co,·erage Requirements
Comprehensive General Liability
Limit Requinnents
$1,500,000
Product/Completed Operations Hazard
Comprehensive Automobile Liability
Contractual General Liability
$1,500,000
$1,500,000
$1,500,000
A combined single-limit policy with aggregate limits in the amount of $3,000,000 will be considered equivalent to the required min.imwn limits.
The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalents to, A: VII! by A.M. Best & Co Any deviation from this rule shall require specific approval, in writing from the City.
Insurance shall name the City of Cudahy, its officers, agents, and employees, as additional insured by endorsement of the Contractor's policy. A copy of the endorsement, showing policy limits, shall be provided to the City on or before signing this Contract.
City of Cudahy
Street Swooping Proposal
PROPOSAL FORM
Frequency
Item Description Approx. (Sweeps Unit Total
Quantity per year) Cost Cost
Routine Sweeping Maintenance
1. Sweep streets as described in 43.70 CLM $_/CLM $ the soeclflcatlons
2. Sweep arterial streets as 0.10 CLM $_/CLM $ describedinlhe soecificalions
3. Sweep medians and 5.30 CLM $_/CLM $ centerlines as
described in the
soeclflcatlons
TOTAL ANNUAL COST 1.20 $ /CLM $
Additional. Sweeping items
4. Emergency Call Out N/A N/A $ /HR $
5. Extraordinary rain storm N/A NIA $_/HR $ swoeoin11
6. Special event sweeping NIA N/A $_/HR $ {Weekends/Holidays) 7, Special sweeping (During N/A N/A $_/HR $ regular
Day sweeping work hours)
GRAND TOTAL:
CLIVI = Curb linear mile
The City reserves the right to increase the miles or hours of sweeping at the above unit price.
GOO
ORIGINAi..
® Dt.vtston of Joe's. Sweeping, inc.
4' www.nes-sweep1n_g.com
11914 Front Street, Norwalk, California 90650
Office {562)-860-0604 Toll Free {800) 222-5637
Fax (562) 868-5726 info@,nes .. sweeping.com
Sweeping Sh1ce 1968
CITY OF CUDAHY
STREET SWEEPING PROPOSAL
DIJE DATE: NOVEMBER 22, 2011 @ 3:00 PM
SUBJ.lflTIED BY:
11914 FRONf STREET, NORWAL~ CA 90650
PH. {562) 860-0604 11 FAX (562) 868-5126
www.nes-sweeping,ce>m
November 221 20!1
Mr. Angel Perales
Asst City Manager
Cff:y of Cudahy
5220 Santa Ana streat . Cudahy, CA 90201
Street Sweeping Proposal
Nationwide Environmental Services (NES), one oftt;e first certffied street S1111t:1JSP/ng contr.H:ton; In the nation has provided street sweeping services to over 40 mun,cipalitfes in the Southern Caltfomia regions since 1958 and has proudly provided street sweeping services to the Qty of Cudahy since 1996. NES ls second generation and a famlly owned street s-.veeping contractor provkUng $1:ate-of-the*art street sw-eeping, graffiti abatemen~ bus stop maintenance, parking lot sweeping and roll-off services at competitive prices. As a divlsk>n of Joe's SV,/eeping, Inc,, NES pledges to continue to provide the excellent and professfQnal service that, hlstoricalfy, has been proven to be our company's most df&tingwshing attrlbul'e.
NES is the leading provider of street sweeping services in Southem California and has one of the largest fleet of altemative fueled. streetswe.epen; to assist munldpallties In conipfylng with SCAQMD Rufe 1186 arid 1186.1. r..tES is c.ommttted in providing quality street sweeping services with a dedicated staff to ·ensure a dean, healthy and safe environment. Ni:s Is known for Its relfablllty, reputation and qualfty services with a courteous and responsive rustotner service department •.
NES understands the requirements of the RFP and the attadted proposal Illustrates our commitment and understanding of the City's requirements. If you have any questior.s, please feel ~ to contact me.
·n,ank you for your consideration.
?i;.' (; ~\
~~1~u!.CQ(<
Vfce President
11914 Front Streett• Norwalk, California 90650 e- (562) 860-0604 • Fax (562) 868-5726 www.nes-isweeping.tom
'TABLE OF CONTENTS
.PJlB
COmpany·Background ...... , .. , ................................................. , ..................... ,.,_,,, 1 Organizational Chart ................................................... ,.,, ............................ a",,, •••••••••••••••• 2 Staffing •t"tl tlir1,11 t•t If t•t•II •• •••••I•••••••••••~,••, ..... .,, ...... ,. ti tt••• I 1,-,,,1,1110•••-t f It l\llft•1ttlftlfltf1•t1111t 3 P~rsc,r1r1ei/Ex'perienc:e ................................................................. , .......... , .................... 4-5 Res:umes ................................. , .............. , ......................................... -•••.•...•....•.•. 6-7 Equipment ....... "' ..... -, ........................ "'··········'····· ............................. , ........................... 9 Management .Plan ............ ,.. .• 111 .......... _ •• s,,o,., ................. ,,.,1.,, .. ~ •••• "[l•·,~•·«•t• .. •• ....... l •• ,. 10-11 O,mplalnt Forni ......... , ..... ,,q, ....... , .................... , .. ;, ............................................................ , 12 Quall~ .~urance Progran1 .............. o1 ................ c"':.-••·· ...... .I, ............... , ..................... 13 Route Iru~on F'Orrtl (Sample) lll•u .................................. , ......................... 14 Pro.posat Form (Prioo Sheet} ............ ., ............. ll ••••• ,. .......... , ........................... , ....... ,.15 Addlt:lonal WE. Setvl~ ........... , ................................... !'••············· ......... !I ••••••• 16 References- ···••t1J•········••11• ··••1Ut-fl.tr••······················••tt11•···· .................... ,, .........• 19-21 Fuefli,g !Siatfon (Pres.r; Release) ................... " ........ " ................ , ... (!; ................. 23 Worldsw:ee:J)er.com , ....• 1,,, •• .,., ••. , .•••••••• ., .... , •••••• f'"•···········" ...................... ., ... ,. ......... 24 naP'Sa CertificaOOn ....................................................................................................... ~ 25 co of Serviees ................................. ,,, .................. , ...................................................... ,lo•~· Enclosed
COMPANY BACKGROUND
Nationwide EnVironmental Services (NES), a division of Joe's s~,eeping, Inc., was founded in 1968 by Joe Samuellan to provide pari<ing lot sweeping smvlces. Joe's mission statement at the time was 170 provide quality !1weeplng serv1ces utll11.ing the latest state-of-the-art eQUlpment and creating the highest level of customer Sl!tvlce available." From a single sweeper company to a fleet of more than 70 sweeping and deaning vehldes, seivlng over 25 munfdpallties, that mission statement ls as true today as it was over 40 years ago.
Our extensive fleet of sweeping and cleaning vehicles continues to maintain mur1ldpallt1es, resldential communities (HOA), business pari<s, pa1idng fadlltles, construction sites, private companies, various unified school districts and all employee parkfng lots and bus dfvlslons at various locations for the Los Angeles Metropolitan Transportation Authorlty. Our rurrent contracts cover street sweeping servl~ within the ~Jreater Los Angeles area1 and the surrounding areas of Orange County, Ventura, San l3emard!no, and Riverside with populations ranging from 10,000 to 200,000.
NES has the most technologh::ally advanced soft:ware)s and the most experienced and di:dlcated management and personnel. NES ls committEd to total customer satisfaction by proactlvefy addressing the needs of the communities we serve, Our clean, efficient street sweeping services enhance a community's appearanr.e. NES provides conslst:ent and thorough sweeping services:, thereby, ensuring .a deaner environment ln which to reslde and work. This type of' environment pronnotes community pride and helps Increase property values.
At NES we realize lne Importance of a clean and dependable fleet. Our vehicles are routinely cleaned and lnspecl'ed which allows us to consistently present a positive image. Our truck mechanics are highly qualified and every driver is a trained professlonal. Everyone at NES Is dedicated to keeping our- fleet on the road and on time" Our motto Is ~ce first," whlch ensures you the client, when a NES truck Is In your con,munlty It Is serious about keeping your community dean. 1
Never Samuellan
Joe Samuellan
Anl Samuellan
John Ozonlan
Suz,1 Samuelian
Administrative:
Marlena Melchor
Cheryle Parsons
Operations:
Nejreh Der BedroSSlan
George Rqmlrez
Lui!• Rabago
Gary Der Bedrosslan
Mechania:
YenAdjolan
President/Treasurer
Vice President
STAFFING
Vlce Presldent/Olrector/HR (Offltract Manager)
General ManaQt:r
Corporate Seo-etary
Office Manager/Accounting Manager
Human Resources, PHR
Ao:ountln{J Clerks
Customer Service Clerks
Clerlcal Personnel
Operations Manager (Pn>Ject Manager)
Operations Supervisor (Quality Control Rep,)
()peratfons Supervisor (Qualtty Conb'ol sup.)
Refd Supervisor (Route ~r)
Lead Workers
Fleet Service .Personnel
Sweeper Operarors
Bus Stop Malnt/Graffitl Abat,ement Personnel
Fleet Maintenance SUpervlsor
Lead Mechanic
Mechanics
3
PERSONNEL/EXPERIENCE
NES prides Itself on Its excellent rustomer service. All employees at NES are courteous, responsive, timely, equitable and prc,fesslonal. Employees are trained whether In person or on ttie phone to be pleasant, resped.fUI and professional. Employees give full attention to eac.'1 customer's needs by asking questions and by providing accurate infun11ation. Our customer service represenratlves offer immediate .action to requests and romplalnts.
NES malntaJns a drug-free workplace and employs a staff of over 60 sweeper operators lndudlng back---up personnel. This method of employing back-up sweeper operators alloWs NES to manage personnel changes without saaificing the quality of service to any one of our custnmers. All personnel wear oompany uniform$ which 1ndude ldentlflcatlon patches fdentlfylng the oompany and employee.
At NES, employees are trained, licensed, insured and compenmt to assure •~ulck response along wlt'h professional services. Nonetheless, employees -are knowiedgeable about correct sweeping practices; therefore, they sweep each route according to the contract specifications and provide high quality services, a basic st;;nr.Jard of NES. NES makes every effort to provide Its employees with the tools and resources necessary to provide outstanding customer service. NES has been known for Its remarkable qualrt:y of service and stands above all othe.rs in the industry by providing excellent customer service. All employees at NES have been screened and selected per NES' Driver Selection and Screening Policy.
NES believes that communication ls a key rdCtor ill providing quality services, therefore, we have a 24/7 dispatch service avallable to assist the City with a_ddltionaf, special or emergency requests. In addition, NES will provide the Oty with NES' 24-hour dispatch telephone number and cellular t:elephone number of the project manager. 5afety comes first at NES; therefore, all manage~, supervisors and employees receive ongoing safety tralnfng during their empfoyment. The following Is a guideline of our training program;
PO Pu IrakUrw
a Review DrMng Record and verify wfth OMV printout (f.J1roll 1n OMV Pull·Noi:ke Program)
e Reference Check
• Pre-Employment Drug/ Alcohol Screening
111 Inltlal Safety Training
• Behind-the-Wheel Training
• Proper Operatlon of a Street Sweeper
1/11 Defensive Driving Training
111 Vehicle Safety Procedures & Precautions
4
PERSONNEL/EXPE.RlENCE
Ongoing Training
!fl Bl-Weekly Safety Meetings (One-on-One with Each Employee)
9. Quarteriy safety Meetings
• RandOm 5afety Meetings administered by our InsrJtance Company s Random Drug/Alcohol Testing
• Semi-annual refresher-t-alnlng administered by Nl:"':S, Sweeper operators have over ten (10} years experience, have complet~ training by TYMCO on the proper operating procedures of a street sweeper and have the appropriat.e dass driver's lfcense. NE.5 will assign canos Ramos as the primary sweeper operator as he is an industry veteran and Is the current sweeper operator for the City of Cudahy.
Management personnel haVE! over fifteen (15) years experience and are highly trained in maintaining the highest level of customer service by focusing on guaranteed satisfaction. All employees and management personnel are skilled, experienced and competent and all are capable of communicating In both written and oral English. If necessary, NES has a staff of management personnel, back-up sw~per operators and back-up street sweepers whith can be utillzed.
NES also has fulltlme in-house mechanics available 24/7 to handle any type of mechanical proplem, should the need artse. Mecha.nics are ASE/TYMCO trained and sktlled t:o repair and maintain altemattve fuel street sweepers as well as all other types ofvehldes,
5
RESUMES
Never Samutlliaof President & Treasurer (Owner}
Never Samuelian Is one of the founders of NES and started the company with her husband Joe Samuellan in 1968. Never currently meets with upper management to receive updates on all aspects of the business. Never Is responsible for reviewing and analyzing all accounting matters.
Joe Samuellan/Yfce President (Owner) Joe Samuellan is one of the founders of NES and started the company wJth his wlfe Never Samuellan in 1968. Joe currently meets with uppet management to receive· updates on·all aspects of ttie business. Joe Is responsible for tmplemeliting marketing strategies as well as public relations.
Ant Samy~UanMce Pmlder;t & Director (Contract Manner;
Anl Samuellan has been employed with NES slnce 1994 and her responslbllltleslndude:
Oversee dally operations, contract management, accounts payable/receivable/payroll.
Assist in establlshlng effective company goals and evaluate all insurance and bonding policlcas and procedures. Responsible for developing and Implementing marketing strategies. Provide adequate communication with staff to fdentify problems and coordinate corrective action plans. Coordinate with department heads to facilitate efficient management functions. Participate Jn weekfy meetings to discuss -dallv operations perfoonance, regulatory Issues, dlent concerns and company policies and procedures. Responsible for ensuring oompllanoo of aft State and Federal laws and regulations. oversee Human Resources, Safety and Publlc Relattons.
Anr Is bllJngual (English/Armenian) and has graduated from SOuthem C81lfomla College of Business & Law. An! Is also a proud member of the L.A. Olapter Maintenance Superintendents Association (MSA) and the north american Power sweeping association CnaPSa).
Nl.ibm Pm: ldmutanf Pamttou MIOHftt (Pm.Josi Manager.) Nejmh Der Bedrosslan has been employed with NES since 1991.and his responslbllitles include: oversee and supervtse the dally operations of the plant.· Responsible for desJgnlng new routes and orgahlZlng dafly servJce routes and schedules for an effective operation. Managing and overseeing employees. Managing dlsposa1·operat1ons; administer and oversee dlsposal program, lnduding recyctrng. and composting; establish programs with munldpalll:fes to meet AB 939 mandates. Monitoring and Inspecting field operations; project point liaison for emergency caffouts or request for services; monitors and reviews GPS lTacklng system reports. PerfOrm cost comparison analysis to determine the most efficient and cost effective way to provide ·services to our dlents.
Responsible for Inventory control of the plant and purchases for maintaining an effective operation. Participate in weekly meetings to discuss dally operations perl'ormance, regulatory Issues, cllent concerns and company policies and procedures.
Responsible for ensuring oompllance of all State and Federal laws and regulations. 6
RESUMES
Nejl),..h is multilingual and a proud member of the L A. Chapter - Maintenance Superintendents f-\Ssoclatlon (MSA.) and the north amerkan Power Sweeping association (naPSa).
George Ramlm:to11emions suwaoomr
George Ramirez has been employed with NES since 2007 and hiS responslblllties Include: assisting with the dally operations, organizing daily routes, sd'tedufing, dfspatd1, field supervision, quality control, GPS monitoring and OVE!rseelng and supeMslng the dally maintenance and deanllness of all vehicles. George ls bilingual (l:ngllsh/Spanrsh) and has over 10 years expertenoe.
tum RabagotOJBmtiomi suw:odsw:
Luis Rabago has been employed with NES since 2007 and his responsibliities inciurn?:
assisting with the dally operations, organizing dally routes, scheduling, dispatch, field supervlSlon, quality control, GPS monitoring and overseeing and super.,lslng the dally ~rntenance and cleanliness of all vehicles. Luis Is bllingual (English/Spanish) and has over 10 years experience.
Gan, Der QoorosslantBeld supervisor,: Gary Der Bedrosslan has been employed with NES since 1985 and his current responslblllties lncf ude: field supervision, quality control, monitoring and inspecting field operations, deslgnlhg new routes and organJzJng daily service routes and schedules 'for an effective operation. Gary started employment with NES as a sweeper operator; therefore, Gary is well aware and knowledgeable of the pattern of sweeping, quality, route deSlgn and Issues refatlng to sweeping performance and all other aspects of sweeping. Gary Is rnulti-Ungual {English, Armenian, Arabic, .and Turl<Jish), Macione Mekbor/Offi«;e·Ma,mger Marlene Melchor has been employed with NES slnce 2000 and her current responslbllltles lnc!Ode: office management, accounts payable, accounts reretvable, payroll, scheduling: mport administration and overseeing customer service department. 7
REFER.ENCES***CONflDENTIAL***
NES provides municipal sweeping services to the followlng jurisdictions. In aclditfon, NES provides pressure washing serv'ic.-es for parkfng lots, parking structures, sfdewatks, bus benches/shelters and graffiti abatement services to SL:.veral of the municipal!tles.
Customer Name 1\fpeofSS~ Contact Person Stafflng Pho~
Address Dates Tutie Flee:Sim ~x-#
Email
Oty of Bell Gardens Muntdpal Street John Oropeza 1 SWeeper Operator Ph. (562) 806-7793 7100 Garfield Ave. Sweeping Dlrector of Public: Works l Back-up Sweeper Operator F<lX (562) 806-7789 Bell Gardens, CA 90201 1998-Present 1 Street Sweeper [email protected] 1 Back--uo Street: Sweeoer
City of Downey Muntdpaf Street iim Graves 3 .Sweeper Operators Ph. (562) 904-1452 11111 Brookshire Sweeping Publlr.: Works Supef'Visol' 1 Back-up sweeper Operator Fax(562)869-9832 Powney1 CA 90241 2Q03"-Present 3 Street SWeepers
1 Back--:uo Street SWeeoe-t
Emal!: [email protected]
Oty of Montebello Munldpal street Jesse Hem,indez 2 $weeper Operators Ph. (323} 887-4616 1600 W. Beverly Blvd. Sweeptng Street Malnte.,ance Sup. 1 Back-up SWeeper Operatnr Fax (323) 887-4716 I Montebello, CA 90640 1~t89-Prf;!sent 2 Street $Weepers Em!r.f, 1 Back-uo Street Sweeoer ,t,ema~ntebelio.com
Qty of Norwalk Municipal Street Gary D!Corpo 3 Sweeper Operators Ph. (562) 929-5511 :12700 Norwalk Blvd. Sw~lr,g Director of. Public Works 1 Back-up Sweeper Operator Fax (562) 929-5503 Norwalk, CA 90650 1994-Present 3 Street $weepers Eman: [email protected] l Back-uo Street SIM:!P.r,er
Qty of Pfco Rivera Mur1idpal Street Raymond Chavez 3 SINeeper Operators Ph. (562) 801•4368 6615 Passons Blvd. SWeeping }1.naf\,~,: 1 Back-up sweeper Operator Fax (562} 801-4765 Pico R.Ivera1 CA 90550 1992-Present 3 Street $weepers Email: RO!ilY:eztalD1CO-r1VeUMlm 1 Back-up Street SWeeper
**CONFIDENTIAL** ADDrrIONAI. REFERENCES AVAllABl.E UPON REQUEST 8 -
EQUIPMENT
NES has a fleet of over 70 sweeping and cleaning vehides including back-up street sweepers (see partial v.ehlde list below). Unit #233 & #234 will be utilized in the City of Cudahy, Ali street sweepeiS are equipped with safety features, painted In uniform c:olor and will have logos and/or place cards for proper Oty of Cudahy Contractor ldentlflcatlon. In addition, all street sweepers will be equipped with GPS {Teletrac} tracking systems. All equipment wfll be kept In safe working order and will be licensed and maintained in a safe and proper operating condition. Only sweepers powered by approved attematlve fuals in accordance with SCAQMD Rule 1186 (PM!0) and Rule 1186.1 will be utilized In the City of Cudahy (see page 17~18, equipment speciflcatlons)
Unft# Vear Make Model fuel Type Condition
218 :moo rre·ightllner Tymco600 CNG Excellent:
219 2008 r=reightllner Tymco.600 CNG Excellent
221 W07 Schwarze A8000 CNG Excellent
225 2008 Frelghtilner Tymco600 CNG Excellent
226 2008 GMCC-7500 Tymco600 CNG ~cel!ent
227 :2008 GMcc .. 7500 Tymco600 ONG Excellent
2'.28 :2008 Freight.finer Tymco600 CNG Excellent
229 :2008 GMCC-7500 Tymco 600 CNG Excellent
2'.30 2008 GMCC-7500 Tymco600 CNG EXcellent
231 W09 GMCC-7500 -r.rmco 600 CNG Excellent
232 2009 GMCC-7500 Tymco600 CNG Excellent ·- 233 2009 GMCC-7500 Tymco600 Q'IIG Exoallen~ 234 2009 GMCC-7500 Tymco·&OO CNG Excellent
IUJDrm:JNJU. VEHICLE 1NFORMAT.ION AVMI.ABI.E I/PON REQUEST 9
MANAGEMENT PLAN
Scope of Seryice
Nationwide Environmenial Services (NES) gemeral work plan to meet street sweeping requirements for the Cit)• of Cudahy incorporates a werl~managed administration and operational structure supported by lnterdeoartmental team work. NES' management will meet with City representatives tt> examine and evaluate the sweeping schedule ,ia::ordlng to contract specificatloins and schedules.
NES will provide street sweeping services on all designated c:1rt:erlal, collector, commercial, residential, industrial streets as weil as all Qty facilities listed In the RFP" I\IES wlll provide all labor1 equipment, tools, fuel, marerial, insurance, supervision, waste dtsposal and all other Items necessary tn perfonn municipal street sweeping services.
NES provides consistent and thorough sweeping services, thereby, ensuring not onn1 a cleaner environment In which to reside and work, but additionally, assists communities In divetting debris from storm draln systems. The diversion of debris is an important step In meeting NPDES (Natlo~I Pollutant Discharge ElliTtlnation System) mandates. £.evel ot aeanHnm
At NES, employees are experienced, trained and expected to make a \\Clean Sweep" (i.e., as many passes required to eliminate debris from ail areas) of all streets.
Employees fully understand tnelr responsiblllties and debris not picked up by the street sweeper will be hand swept by !the driver before leaving the area.
Addltkmal koom
NES- w!lf proVide emergency and special event .sweepfng based upon the proposed hourly rate.
D!spogl
NES wm transport and dispose of all sweepings In accr..>rdance with all City, county, State and Federal requlremm1ts.
wamr
NES will make arrangements with Tract 180 and Tract 349 Water Company for water within their service area.
Hortdays
NES will not- perform sweeping se,vlces on the holidays listed In the street sweeping RFP (Page 6 Qf 14}.
10
MANAGEMENT PLAN
Local Office/Cummer Sendce
NES maintains a local office ln Norwalk, CA c1nd has a 24/7 dispatch service avallabie to assist the City With addltlonal, speclai or emergency requests. MES wm respond to all service requests within 15 minutes. Complaints will be resolved within a 24 hour period, All complaints will l>e logged on a complaint form (see page 12, sampte complaint fonn), Including details and the resolution. NES will submit all complaints received to the City on a dally basis and will submit logs of all complaints to the City on a monthly basis.
fuelling
NES is proud to state that It ls the first street sweeping company in the world to own and operate Its own stat:e-oMhe-art CNG fuellng station located in Norwalk, CA.
S§f@b
NES is In compliance with all Federal, State, County and Local safety laws: ordinances and regulations.
sw;mlation&
NES is in compilance with all Federal, St.ate, County and Locai rules and regulations, Including but not limited to NPOES, SCAQMD and OSHA.
f:ommunity Outreach
NES prides itself on maintaining great relationships with th.e communities we serve. NES does Its utmost to participate In City organized events & charitable causes. Through our participation NES recognfzes and gains Insight Into the needs and concerns of the commurii!tl.es we serve.
11
NATIONJifl/DE ENVIRONMENTAL SERVICES
DIVISION OF JOE'S SPilEEPING, INC.
COMPLAINT REPOR.T
crrv _______________ _
DA'l'E: -- Tlli'A.E: --- A.M. 0 P.M.0
.NAME OF PERSON CALLING __________ _
ADDRESS & sTrumT
CROSS STREET --------------- :DAY OF ROUTE,__, ______________ _ NAME. OF DRIVER
-------------
COMPLAINl':
RE'fVRN TO LOCATIO.!:i
TIME ------
NM..m'. OF DIUVER CORNEC'!1NG COMFLAIN.f
REMARKS: ---------------
12
QUAUTV ASSURANCE PR.OGRAM
NES' Quality Control/Quality Assurance Plan consists of the following:
NES wl!! assign George Ramirez as the Quality Control Representative and Luis Rabago i3S the Quatlty Control Supervisor. In addition, Gary Der Bedrosslan will be conducting routEi inspections. ·
Toe Quality control Supervisor will complete Inspections to ensure contract compliance. "fhe detalled reports (see page 14, sample route Inspection fonn attached) wlll be completed after each inspection.
The Quality control Representative and Quality COnj:!"01 Supervisorwlll be available to meet with City staff to drscuss any Issues or concerns. The Quality Control Supervisor wlli complete the folk>wing tasks:
di Make sure the routes are started on time
e Identify any problem areas, Including but not.limited to, low hanging trees, obstructions, and parked vehicles.
© Correct all deficiencies
11, Complete daily Inspection reports
0 Discuss deficiencies ~ith tne employees to prevent recurrence ti Provide employees wfth feedback
® Constantly remind employees about NES' "Oean Sweep" pollq1 , which Is making
as many passes as necessary to maintain streets free of debris 13
CITY OF CUDAHY
STREET SW.EEPJNG ROUTE INSPECTION FORM
SllllMITTE!l Bi' NATfONWmF. l:~VIROl-lMIN:T>U. SERVICE:S }Date: ___ _
l!)sy of Route: o Mon t:i T1.ie, t:i Wed o Thur. □ Fri
JLocatfollll: _________ _
Deffoieiu:y: □ Debns Left Behind □ Area Not Swiip•t
0 PoorQuaiity D Excessive Speed
D Equipment Error D Operato1 Error
D Other~Explain. --
Rei.mlutfon: □ Re-Swept the .Location D Advised the Operator 0 Repaire<l/Inspe·cted the Equipment
Date: ____ _ Time: ____ _
Interference to the Sweeper's Right of Way
D Low Hanging. Tree D Raised Curbs & Gutte:rs
D Residential Trash Containers
D RO<".dCon!ltruction
0 High Volume of Parked Vehicfas
D ntegaUy Dumped Large Items
D Other-H:q)lain'. _________ _
Route Inspector.: __________ _
14
Item
City of Cntbhy
Strfft~g Pricpo811
PROPOSAL. FORM
Routine SWrNplng Matnfimanoo
1. 81 ln 43.?0CI..M
Mdffional ~ Items
4. WA Ni'.A
6. NIA NIA
8. NIA NIA
1. NIA NIA
~
"'"'NES Wm Provide 80 Hours of FREE Sweeping Setvlces Annua.llyp"' ,,..'Please See Attached List of Additional FREE Sesv1ce£1'""' GRAND TOTAL:
!one Hundred .Six 'l]loUGand Four Hundred Sa~ Dollars and Tol!!Y ~,!_ __ _.
CLM c cum tinear mile
The City rooerves the right to~ the~ or hmR of ~ng at the above unit pries.
AODffiONAL EREE SERVICES
NES proposes to otller the following cost savings options to the City of Cudahy:
0 NES will provide 80 hours of free sweeping services per year. $ l\!ES wlll absorb the cost of l!Vlng Increase for 2012/2013 contract term. ® NES wlll compost/recycle the deb11s collected from street sweeping services to Increase the City's diversion rate as mandated by the State of California Assembly BIil 939 {AB939).
16
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I
f
1 l · REGENERA71VEAJR SWEEPERS . ·. , it'C.. .... I
j.MODEl 600® REIENERIIIH IIR SWEEPEi®fGEIElll SPEllflOITIOIS; SWEEPER AUXILIARY ENGINE Fla>:lbi!ly ..................... _ ...... ,,1'.I d~ lllll!Offll Er,gina ... _., ,.JOHN oea;e 4{)45f. 4 cyl. (Tier SJ anti-druni!ga 'lllWflg awil)~ rellof\11.lw Ouiplooemelt! Broom .............. , ............. • .. .. 43' d1a. (11 tn) .. .• • ..... .. . . 276 «Ible ~ (4-5L) Horsepower , ........... ·99 0 2,400 RPM·(74 kW) sbKilwiw,-.«ti&l~ Not torque. . ........ 2S1 114b ;[ll 1600 RPM (354 Nm)
Air cloaoor, hee.vy dill;' . • . . . • Diy :1yp1, m'MAUUC &YITEM 0/l llltsr, spm oo •. ..... ,. Full ffoW Operama gutter broom(a), d,Jmp and pkl<-vp h!lad Auxiliary qns o!wldOYll'I •1JY8l&n! Drive (dlel!el) ......... Goor ammn rrom awil!!W Gngmf, . Heavy duly (Xl'Nlif bwld
DUST SEPARA'fOR
'i)'p(I .•. Cyclonic, muttJpl!!l!ll, .:entmugal :sepl)ral!oo S!.l:ll •. . ..... • ..... ·•· • 20" v.(11"
cy!i1'"1rn:sl.arec {500mm x 15'Wmm)
J.ocallon .. . Alil!ll ea blower wllhin
liop:lOr l!UPllr BlniCltll'e
l'ill'OO'J!ntrntJm(Mll . . .. .. 111m,l.lgh t 1'
(15'1Smm) ek!mme, nlol mto hopp,Jr
tnspecbon .. . • .. • . • Hinged d&:ir, cl)0il!l(l
from hopper !lJdefkY.
Hoo~ ,.... . . . . .. . . .• .. . Abro.inoo ~.
wfrep!l!OO~b!e ~!II' raal".ihW hrlllf
HOPPER
~ (l/lliumetm) _
(S.en,-1)
Capacity (l/lliim:rtool .. .. o cubil: sianw
~
(4.6ml) .
.... ~........ .. . W~&1eelplata
flootan(lle.-
with illwarsl .. ~
,, ...................... ·.-... ~ ............. zt
Ounl>door~ ..•.. €Wx#'ID
(2134mm 1< mamm) · ~imthod ... - .. , l-l)'d:au1Jowl!IH11.!lt<rbar OumpJng holgftl ........ , . .,_ ........... 56" (1'114ltlM) Pl~P IU?AD
F.~ ... ..... _ .. . 1tir b!aal and~ che.rnbsr
Width,. ...... -~•·--···• , ............•.• 87" l.0.(2210mm} Head QMl .................. 2,1;10 sq.lOChes (Ul8m'}
~
SAH"8tll-S .. . • . .. . . S,&17 eq. ~ (l!.Sm') . . . . . .. . .. .;.opnr,gs,!dmg/inlal Skids .. - .... ,. .·.-.... .. .... . .•..• ,. DUO-SKIDS"' &IQtJon & p!'NlllJr& t',ooo ... 14' dt1>mewr (356 inm)
Pram1te t,f~r. ... .. . • .. .. . .. • •.• lntG{JT'lll for le!lf/11!1111 malarial p1c.11up
Ctrlve-{CNG)... . •. B$lt drl\letl lltlll'l ~ty «~ Capacity........ . ........... .,...... ... . 8 GPM (SO.S LPM) FIG9'lCI/Oil' ,.. ,. 25 gal (9-U'l.,l with f!O 11188h etJCllon ,ttalnGt, ~on,pemturo gauge, oook!r
f'll!M,. ...... : ................................. 10 rniefOn fft·IU'l!l DWfr CONTROL SVST!M
SystM1 ofwawr11>ro.y noamfor (llfboma dllllt
cu~
P\lmp •. -· .......... , ................... Blltlric dillPhranm R~a) ~a.. .. 2.20gal (632.7 l)
wnhhydra/rlfl!lhoze
Fd!Gr ......................... •· ,..... . ISO rrn:iah.CIHil\f' UIW Wille.I' llhul-oif .. .... • .. • . . . . Sskri)' ehut-oll Wllh row-ier warning llo,'11 In oeb oouptod ivrlh
Uqui<! fl!VGI &MOOr
Sj,my \~.
Now!d poc!Hlp hllM ....... . • .•. ,_.. . . • ., •.. , .4 Gultor·broomo(oach) ..• .. . ..i
l-lop;lor (lnaide) ............................. ,. •. •. 1
CONTROLS
IMklle cab (ighU!d) ....... •• , ... ·. .. Pld<-up ooad, gu!!sf ~-). tgoi!Jo.i and ~(al.oulialy
on.Qille), vo.'lmetor, low~wrwatn1ngi;ym,sm (for
dust 0\'ll1l1'0l·~)1 l9II 6$11ylil)tml. tlOIX !TlE'lDr, pceesure~r
~-.......................................... ,Dump
~ -·.· ...... ,. ..... , ..................... , .. ·.-. .. .. Dool uiren WARNING DIVIC!S
~.rearmol.mt&d' ~r,g ffuhlng ~llgh!li . . .
ArmlJ(~pow$1'8dwobo llghl \v!lh 11Mb IJll1l1d
tled<Upelw!n
Oll"flONAL SQUIPl!iliEH'f
Abrasion pn,tOCllon pacl<.age
AlitoSweep ll'1ftrrupl
Aula!iary 11snt1· Me0 8"-0i:11• (203 mm)
AWdfiatyfland hOH ~111u!:ic boom 81l!l1Sl
Atodlmy~ayst.ern
8roomAlla1$1-Plck-up Head (BAH"l
QJbov,,lr~ lndudoUSO gallon
(124iJ L) ~rC8p,llQ!y
tiopp4lrdf\WI s;,itom
Hooe l'IHII, 5Cl' relmolablE,
I.J(JJk.fftK,O'l181)'uyiitem
Magnet
L3IY emie8ion8 ~
P,opane LPG~
A&WtBa pidt-up head &ylllarn
~
Rllnwa;Y SWtleper· Model HSI"'
Stt;lill Hoppor ~ (O!hGI fi6n 'M.ICO alllndald ..-t.tfbJ Spods/~ 11111 IM!l/allJD fa(_\Wf 'lndllitdul/1
~Is. Conblctyovr k>~ dlmJel IJl'TYMl::0
CAB/CffAS:SiS
Mlmmum Requil'cmenw
Model • ... .. . .... .. ..,. . tntomabOo.1145001,H·
GVW . .. . . 30,000 lbs t,3,620 kl!)
frame ...... . . • . . .. . .•. ~ , ....... 50,000 PSI
l:ngino . • • . . ...... 1,_41!J()!f(,roo 7 MS CIO (6.~ I.) Vt! Dl-1 • l!OO HF
'r~ .. . Alllt\002500 RDS W100
s spaoo au".omallcvdextemal Otl flllm'
A._krr . .. .•. •. 110 amp
~
Bau.erk;I) , .• . (2J 12\1 1300 CCA
·•· . . 152' (Sll81 mm) F-uolten!L ........... , . . 50gul,(t8ll!.,) llfuan,d -mth 9NIMl!J!ll'
Tll89{2--IMltl,4-l\laf) . . • i\J~11Rd2.S
SIBerlng (Duaij .. • . . . ln!t'<l.)ml power -11!.d
!Mlh·lfH
Bl'llktl!l ............... ,. ... 01.111H.1rw.113:.!CFM air ~sor
lnsttumMI& &llghl! • . . ... Fu!i packtlge M lliqU!rod, llflck.up alwm
Dual gsuge pa,:kdgil
MtrrOt'll ,, .... _.,Eloclrie ~ oon11o!led II.Ile! ooatoo Air ~cab
AM/FM co !llel-80 fl!diO
CllneuitmaoiyforllWilep« ~ and~
~~maesla
il!NUJU.
SWEEPING WIDTH
PtM1pliea<Jonly. -.~- ➔ ........... -111" (2210mm)
Wi1h 1 g• brllOll1 ,,... .. . • .. ... 110" (2,704 mm)
Wtlh:2gullerMXJl'M ., ·, .... _ , .... 11,2• {31J001111'll) OVIRAU DIMENSION.I
(Approximate)
J.sngth .. , ............... " .... ,.. ... , 246' (6200mm) Wl'l!lh ....... -.. --·--·•·•----· .. ····· ., : .•. , , .... PS' (2438mm) Height O llut:k' ........ - .. . ... , .... 118" (2007 mm) Hofljht leose .stmbll Ilg/JI ............ 103• {2e11i !001) Emptywi,lgl11• .......... , . 1?',1951ba(7806~,;
Standart!
G!UTTER
~ment
BROOM,
I~
DUJU.
f1oodli.Qi11
~
Md
panibo!lc n'llmm:
Cc>~ Halural Gas (CNG) powemd
01181/eOli • (Moon! OS'FS")
GI.liter bloom lffl 11~1(0} . • ... .. (righi, le-!\ Qr bolh1 Gutter broom varlal:41 ~
Wolphl ~r}' . •• .. • . 7,'980 Iba (3822 kQ)
Ol'lW ........ , ........................... ~·• .ConstanlGpeQd ~o hydra!Jllc·molor
M]U&lrMflt ......... • . ... • . • .. . .. • . • .. Adjllfflb!e for tlown pre$SUl'e, paltarn and w~r
~ preuure ... . . .. . . .. Au!O!l11WC3!11
adJl.llllB 10 roqutrem8!11
Gulhir bll:lon\ Drop-Down
HiJl.oW 1)1'11$WreWQ!Jhdowll r.)-.:w.m
High autl)UtwlltGr syslem
Hopp,,r ds!uge cysl;rn
AQMD PM10 Certified
I I IHI
•~wwt'i,ll!ms,;,>Wll}•Milh~
1-800-258-9626 www.tvmco.e1m
fOTYMCO:t:::iasiJI PllllifR._
r,
(&00)~
r1r.r.*:~:~°!i ',('~{t. L, 11.,·,
,1. ·,. > ;;.,. ,_.,,,., . ., .. ; >T't'MCO ~Full ~.S!teel~ 'TYMCO Alternat:ive Fuel Powered Street Sweepers
r.... - TYV.CO~CIOO"'.LPG
(LIQul!ftoc' Pwolt!Jm Gwfl,want)
Envkoolfflfflbilly Superior etwung"'
VIJ!htll9 ~~ Med-kl~ emi~ ~Mcito l"l'l8l'I Fedarm, S!mlli tmd ~ ll!!rqW!lli'/ ~Dllfflll!mbeslllfl.~demallditl'llnilsi.o~fflOl'efo'#~~l'ual~ {AFVs), l'YMCO'll!IS l!elil1 ~~till~~ ffili1 11!M-mo~.~ vMli (JUI"~-~~ l!o!"~#nd~ mtll$1'1MCO ~l'll$lllltlllll.~11'18tliil\al'I ~ ~ ~ 14r~ So!lrl'd (CARS)~ Ullnl!Low ~ Vd'iid!lo (UtEV). v.tien~ ~OlJf~~Nt~~~~r:l~pO'Mlt~Ollht~t.6dsy,.
whil!I ~ tlliil llm'lll time~ BOO~ lh1il ~
TYMCO~ ~ two fonvls of dlitnfitiv6 fl.II/I for l\llt MolJd(l()O; ~ CNG (~ Na!lmlf Gal emi~LPG~~Gu)•pro;:l&l'lll.wlw:n~boU"llhe~110d11\!lcll8fi!IS~to ~011~tue1,ma1cingVlefflCAR8MdSoU!lleoeiatNt~-~~(8CNJNJJ]Rw f1~.1~
~
~ ~lmlllb<I~ ln~l:Cgd tott-me~---Thtl'r<MCO~ M:I
~bl!~ ~-~loptoW!al'll8ldmt.mU!Cllflllldl,vonliw~
~~ 1YMCO t=~lili&ey~e.l!llldu!&fCNGtia!~rad!Sjl$laffla!\!l l.PGtn;t18!,eqm rriWimll~~-~inlhlil~tlmitla~~ at~
~!llmTU!I nll!l'~~-
Bolhbt Cll!G and LPGfooi~lll'Gtl& are~ bbl! t.1&0T1'n6ncl!Y •. ~ 60C1U for~ ~ffi/klff ~ml~~ make lh1il ~.J(J!l ~w 6afar, Ths ~~ONG IJIII s!OIIQfl cyinder5 llfO ~for~. 1111dhl l'CIC!f~l8~andllj/Jpedloellowfof bN~mllmbc,•Bottllllll CNG lllOd LPG ti.1$1 ~ ll'$llill .-o ~ In auch a Wfl.'/ es b:I a!loW I« mllltfmt.M1 &WHl>8I' ~-~ 11113 VC!Y iatm ~ tri~. TYMCti~ powerod ~-~OllJ~
!Cl ptO¥ldo D'W hl4fllllt degroo ai~. W&ty, Md~-
I
] CITY OF HTJNTINGTON BEACH
TraMS f( Hopkms, PE
o,mt.-tor
~rs:.11uary 2?, 2011
2000 Main Street.
Nationwide Environmental Selvleas
'11914 Front Street
Norwslk, CA 90050
To whom ft may oonoom·
POBms:190 CA92648
Department of Publio Wo.i<s
(714) 536-l-431
On behalf of Iha City of Huntington Beech, I would Rke to oeknowledge Nat!OnWfda EnvirOnmenttJI Services fur tht,-axeellent serv\ca they have provlde,d to the msk!ents ofth!S City for tbe past dealde.
In 1999, a re~h1p started between the Qty ofHuntmgton Beacl'I and Nationwide Environmental SeMCeS. NeS was oantracted to peiform atreet &Weeping Gerviees on a twiOH-month basis and the setil'I09 was split Jn half be\.waen in-house street sweeping and NES. It did not take long to real12:e that the SSrvl¢8 level NES provided well exceeded the very high expectation level of the City. NES reoognlz.as t!m importance of strong cuatomer setvioe, attention to d&tail, ~usiry l<r!O'Wledge, and an equitable partnenng approach With an agency as intsgrm faceta b> a soocessfu1 61reet sweeping progmm. In 2000. the City of Huntington Beach amended Its contract wtth Nationwide EnVironmsntal &Hvices ,~ em:ompallll a fuil e1reet sweeping serv!OO. on a twl~,month int'enftlll. The tnmsJtlon to a full 6M'ios contract was easily ~fled by NES and well exooe<fed !he Cffy's expectanons Nationwide EnvlronmentGl $SN~ Is a loader in tfla mlreet sweeping 1nd1.1&try \'or other& to follow. I wootd recommend NES to any nai'ghboring City for l!ltreat ~ng-~. ft ha$ truly been a.pleasure to work W1fh suoh d.Kllcatoo professi<mals who share ,and u~ ~e same V.!llues In public $®Mee .Respectiul!yi
Oereck Uvennom
s~sor, Slreal:Maintanam:e
114.374.1732
r
i
I
OOROON ST"'&.BNIIAG~N
Mayoi
1I!SSE M LUERA Vi<:eM~, . =~~y MICHIIJR. MBNDs:Z
C611n<idm¢mher
RICK. MM1RF'.l
Caut;cilmembcr
BRNIBVoAR.CIA
Clt;y 1,h:nag.u·
12700 N<m\1/ALI, 11LVO., f'O BOX JO:lO, NORWAU{'. Cl\.906St-10,0" PHONll: S©m9-5700 • PACSlM!l..B· ~577~ • WWW CIJIIOl'(\VJ\U:.c:4. 1.18 January 28, 2011
Nationwide Envfronmental SeMOeS
11914 ·Front Street
Noiwalk, Califomla 90050
To Whom It May Concern:
Nationwide -'='nvtmn~antai SeMoei3 (Nationwide) has baen providing street sweeping ~rvi~s Jo'too City of Ncnwalk for the'pasathfrteen years;, .Ouring·this-tJme fram&, the.
Cjfy. rif·.!NafY'alk ~ ·eiperfenced'· ·en e~ high· quality· of. servtc& from 'this contractor· teiiecting -clean · rasldential and . buelneu. roaaways throughout the community. ~lly, tile City of Noovalk uUIIZes Nationwide to maintain the parking stiuoiures and parking lot facUa at at! C1ty·prcperi.ies. All of the work provided by Nationwide rafleeta a company that is profestlonal and experienced in the field of street S'Neepmg malmenanoo.
Cusromar service, rellabi!iw. and communication are· all hal1mari<s of the Nationwide . team. During their aasoclatl5)n with th& Cify of Norwalk,. Nationwide has. proven themsehles to be si busln$$8 friendfy con~ whose attitude and response Is ri the highoot regard. Nationwide has also been highly supportive of many City programs end actMtfes, making thelr p~ In the oommunlty a very vlslbla and positive one.
As witl1 ell of Its contraa aefYice _providers, tha City of Norwalk Is continually monltorlrig and reviewfng 1tl6 safety mcord of NationWlde EnVfronrnental SeM088 aa It provides street' sweeping ~ces to the community. . A eupenor safety -record, Including con·acirious -dmrera perlbm'llng their maintenance duties at safe speeds, quality and well maintained equipment 'translating intO consistent ·and aooountable pel'fomJance, and no" clalms for wort< related incidents is a 'reflectloli' of the professlonaf:n<Ure of Nationwide Environmental Servloes. · · · ..
Nattonwide Env!ronmenm.l Sen.®es
Janua;y 28, 2011
Page2
Finally, each Nationwlde.employee, from the office personnel, to the field staff on the streets, conduct themselves in a very professional and mpacted manner. M'f special requests from the City of Norwalk have always been handled qutcl<ly With quality results_ /Js the Director of Public $ervlce8, I hold Nationwide Environmental Services in the highest regaro for providing the very best In street sweeping operations, and can honestly mcomrnend them for similar servi ces at any ottler municipality or private enterprise.
ff you woukJ like any addltlonal information regarding Nationwide Environmental Services, plaaoo f.MI free to tXiniact me at (682) 929-6525.
S• !u /?
~~:1;;1~- ~61 / • D!Corpo
Di ~~ or of Publle Services
February 07, 2011
Na1ionwide EnvuonmC'.ntal Semces
1i914 Front Street
NonwJlc, C-\ 90650
Nationwtd-: Eovucmmentru Semc.e$ hits 1>roven ID be an outs~og clirot of Loc.kton lnSW'IUlCC:
Brokers. As e client for the pia~t 8 ycan, thett commitment to safoty ui reflected across roilltipfo prog1:ams implerui:nted to eohittlce the n2il.tl_~g.-.ment's 11.nd staff's knowledge ofhow·to w.luce mju1:1es and gen('.mllinbilil}' lose..
Some of the. mout efficient methods of then· euccw::bs I.Uc. i.nc.cnti\'e pro~, pre-employment snd random dru.g-sc..-een policy. toolbox imfety meetmgs, nt:W h= orienmtion, Job safetr ruialySlll, superv.i.sor trnlrrir.g, '1.nd tbm fleet safety program As a result of th.cu txcdlcr,t blstoiy reco¢. I found Nationwide Envu:orimental Serv1ces ~o be 10 c.ompuanci: with .ill Fedetal ru:io State hrws
O:cu:.t :t,gi1111, plerure extend my thanks to your ~at group for their coopemtiO.o and support If you have MV quesuons or requite additioMl assi.stao.:e, pleas~ do not besitll.te to con met mt. at (562) 756-8777 01' fa~ (213) 873-4285.
Smcerely._
Bert Munoz, Senior I.osl! Contml Consultant
bmupma@loclrton,roto
iCG:
Kim Sauttct, Locktoo
Wcltier Lee, Lockron
l«:t.iON lWSt.li!ANCI'.: BllOKERS, INC.
1~1c.em,-e#07H70!'-
72~ 5 figuen;;i S!, J.5''- fl I Lus Angeles. C \ 900 I 7 ,' l:t lJ) 689-00tiS ./f1,\X- ('.:!13) 689-05~0
Clean Energy for NES $weepers ... Glean Energy :Fudi (N . .\SOAQ!C!.1''!1!) last wuk helped cdebrate the operuni: of a fueling 11tati0t1·in Norwall,, Citlif. (Los Angelt!.j, for Nanonwide )Invironme.ntlll Sl!l'Viw.
NES u. 11.aid to be the fim
street-sw-ccping fleet in !he
u,untrr ("Mu'Vbe the world," u,,y,;
Clean Enel"(!Y ~oll<I. 'MJ.Ete l:il)lliness dM!iapment .manager Seon W:ltlc) with a dedicated compmi,ed 11.11tural ga.~ · fueltng ;;1~1.alla1Jon cln 'lite.
l'he ·Glean Energr-d~ig,mi 1taticnt :ha~ nn .ANGI com•
pre&$or p~cl.lge with a Vilter ~rew hoo~rtr, allowinf C.."NG 1CI be d111peme_d at better than 400 gP.soline gnllor, equivalm\6 per 'hour. • "The station 1w 36 indMdl.llll 1.Jme-fiU posm lllltl ,If.II tuel 36 cwecper. overnight. h Wine told F&F.
ClflL'l Energy will provi(ie Nil.'\ with ongoing operation a;nd mruntennm.c sen'l,;es
NP.S, Nijteh De, Btdross1e11, 80<J..222-5ti37 or Stil-86().0604' nt:jte.h@n~~~weeping.o,m,ww-,v.ntMWetping.com ·
Clean Etnrgy, 5ear, Wint. 1~-193-l/J04,
.nvinr@dta11G11etgyfuels coin; www.dt.11et1trg,fui:/s t:()lf! ... 1aind for Limousines for Las Vegas
Ckan E.nt!rgy aho confirmed Jai;t ~ek that it's planning ~ CJlmpttsted natuntl gaJ. fuding stal.lon in l..4s V cg.ii; to support \•ehltle~ tncludmg fust~of4:llllir-kin~. strei'c11 limou• ~fots b)' Brea. Calif-based Krvsral Bntc11ni.sct.
Kryrou 1~ cruwattng U stretc:b lim1:1u.mies for the .new cnvu-oru:ncntally fricmlly City,:::entcr complex in L:i, Vegas.
The ~,e vehicles arc Lmooln TOWl1 Cm and the CNG
conversion hardw.are Is from 13.AF Tcc:hn.ologi~
Cltan Energy, Chad Lindholm, 562493-2804, FJ:t 147;
dir.dha/m@cleanmr:rgyfwils.com;www.clct.mrt~t1s.c.om
BM (LQs At1gek.s), Iohn Sledge. 714-376•8143;
,slr.aJ!t@bafteclmologittamr, ww-,duefi«lmoloii.~-®11
Kr;-:tal Ente,Pfiw, Johnn-1 Chm, 714-!}86-lW
cdWv-S79-7825; jdim@!rryrtal et; www..ktystt1Lcc
Kansas City for Flrstof'New ESf Tn.lcke
Kanslls City bu Ulbn deliwiy of eight of 1!} J,i~
Interm.tiooal truch with 24--'Wm engines tonverted to
dcdlc:ated-metbane.apmrtion byE~ Solutions,.111~ •.
.Ap_prov,al « the)at1!$t ve.r8ion of the 7 .6-liier engine • for <.OlJVcnion maw that ESf Glil
convert new trucl:s to compressed
natural gi,~ (P&P, Maf 18).
Kans.!& City will deploy th,~
finltdtlx 19 ESI-pow~ trucks for storm ch=cl
cfoilrillg, sa~ mwiicipal ilcet nu.nasn- $run Sweatngin IiSI, presidmt Jim Mocre, 971-.369-0091;
pwmoo,[email protected]:.com,
www: emww,ualutic,n:1mc.wm
1~<111.<ot~ City, Sam SwtAnlJ(lti, 816-513-835(,,
mm_w,earngin'1!>kcmo.org, www kcmo.orz
August 10, 2009
Omnitek Peru
'"EvetyboJy'11 hw;, .md it's nil bcC111W: tif CNG," sayi; Werner Funk. CEO of-Loh Angda bttwi Ommtek
E:ilg:in~ng. P1usn11m 11Uppotlln{l.coo~ers1on ofu,n~ to comp1 ~5cd natu:tal gas m Peru, l1e told P&P, are stimulating l!il l!Orts of econamjc !ldMty "I'm realli· happj' t.o sec a governmtnt supporling it like thev. do down thcN ..
i!tnich is why Omrotd, Ju, fonned Omrutcl: l'l!ltl
.i.i; a j'i11n1 venture with loul partners, to conmt diei.eb; 10 methane aru:I to re-power truw and buus wrtli Ornmtek
methane tll~ pon1~yindu.dlng ~ew •Vlf!h.ioo.
Indu.n.1y ro1irw,. estUJJllle l:hat diesel veh.ide convi:r1100~ for bw;~ du1fog the nei.t few ye;iri; will rea~h rit le:>st :J(l,O!lO, with truck c:onvel'llicms ~,tei.l to reach 50,000, Oamitds says, There is a notential innrket ofS00,000
heavy-duty engine!: m Puu. Funk :,.aid.
G&W Grciup S.A is O.mnltek'a distnbutor in Pmi with
an inltid CXJnverskm orde1 valued at $4-5 .trullion fi,r a fleet of Lcche Gloria bll\>erage and mill.: clcltvcry vthidi,:.
Oinnitd:, CEO Wemt:r Fimi., 7(1)-5.'l1-i)()89;f~ ·!i9J-{)880, wem1.~11itektiJrp.«1m, www c•mnittkcorp.conr
Ford Gaseous Fuel Prep Opt.ion for E•Serles
l'ord has lil'11'1ehoo a gueo\li fuel prt:(> order optior for ,~ B-Seriav.llns, :N<.,"VAmerica reports.
"i:leet tlllitomm dfld dealers regi~tercid with thc:ir ;,,cb .l«e$$ 01dc1 bank 5)"8tcm a1n n(IW st!ect the ~G-retrofil1 ~nd}· optloo on ifa, full llne nfl:1-senes VltlU' and wagons with. the 5 1 l1ter tngine/ the -ll$$0Cl8:1Jon arhiscs roembtt!. t:hl\ week "P.rev1ously, quo1Jifuo:d Poid E•ser,e& reti,ofitters would have to orde.t the hardened valvtsellt$ .l!l'ld steins ,.
Pard info, Gerry KoSl; 313-248-8280, mobile :m-622-Zl95[J, gkoss2@>ford.rom; www.fl.tet.fanl.ccm
CARBiifts Deadline
ZEVBus Reljuirement.for 2011-2012 Delayed
As Agency Will Await Data from New AC 'n-ial
':rhe awfoima Air Rcsourcu Binrd nil.Ii p<:1stponed its .<lcadline for large transit ~cs to introduce ze.ro~
t:mimon buses, lifting a.~t that would wive
·taken effect for 1:5%.of dclim:ies m 2011, or 2012 for agencies idready fielding alternative fuel vehicle,,
The original teqUirmlcnt :was for MKillcd
"9,icw.-path" agencies to meet
the 15% ZtV minimum tlm ycGI
and fur "CNCr-path" agmcie., to
comply in 20AL
Ont of ).C Tr,uim'; m<img All be!:$ are new off as CARB Y11tt ff(!(!/ fuel 1dl h11reJ h~ set no new deadli.IJe but wi.U in$tead await data from AC li~tnsit's 12 new fucl cell
buses troro Bdgium's Van Hool, now expected t.o be w
servict by mid.-2010.
The Van HooJ pu.rchase includes four m,drogen
m11rtonpa~.f
Press Release For: Nationwide Enyjronmenfill Se~
.F'or More Company Information Contact: Ani Samuelia.n. Ptnwoi:
bfatlonwide Environmental Servie<:s
11914 Front Street, NOtw{llk, Q\ 90650
Phone: {562) §60-0604
Ernaii: [email protected]~'AAPlng:.com
FOR IMMEDlATE RELE.ASE
NATIONWIDEEN\!IRONMENTALSERVICBSFEAT'tJBEDAT
WORLDSW.B'EPER.COM, SWBEPJNG INDUSTRY'S LARGEST
PROFESSIONAL RESOURCE
Nctw~Ik, CaHfornia, Dec.ember· 2006 - Nationwide Envlrorunentt.i S<1rvices wa~ recently hcmored as one of only 12 contrru:tors in the U.S. to be .rtamed 'Contractor of the Mont11' for
2.006 at WorldSweeper.com, ihe power sweeping industry's premier information-and professional online rcscmrce.
Nationwide Environmental Services wa,<; chosen from .among over S,0O0 U.S. ·tlweep1ng tndusti)' contractors for this honor, The reasons cited by-the editorial board of WorldSweepei:com included Nationwide Environmental Services· oventll contrlbmions to the power sweeping industry, including the company1·s leadership in becoming one of the first swe<!ping cootra1!tol'S in the U.-S. to become a Certified Sweeping Contractor !.!!lder lire stringent guidelines oftbr:
North American Power Sweeping A.$sociation.
The honor is also firooogilition of professionalism exhibited in Nationwide E111vironmenta[ Servicer;' a.ppro!l.Oh to providing high-qudlty level of sweeping services to municipalities, rcside11ti11! communities. busint>GB ~. parking facilities, ref.ineries and oonatruction sites in the Los Angeles, Onmie. Riverside, Ventura, and San Bernardino Counties, 'Nationwide Envin,nment:al Services has been in bw;iness since l %8 and has become the preforred provider of street sweeping services through thdr excellent customer support progrnms and use of the lx:st and newest equipment available in the industry. Customer !illtisfaction has iong been the ultimate goal of ev,eryone at Nationwide r.ri:vii:oarnental Sef\•ices
I north american Power SWeeping association --1-
Dear Valued Customer,
The north american Power SW$plng association is pniUd to .announce that Nationwide Environmeniat. Serviees has }List been awarded the de&ignatlon of Certified .Sweeping Company.
About naPSa, we are a non..prnfit organization committed to disbibubng pertinent IM9eping industry infonnat!on and valuable resources to our members- We are hare io provide the stroot and parking area sweeping Industry With an a.~on that wm make a difference_
To beCOms a CSC, Nationwide Environmental Semen had to undergo an application process that qualified them under strict guidelines including: safety, experience, continumg ~Hon, vehicle maintenance, driver trairnng and adherence to naPSa's 0000 of ethics
The naPSa Code of Ethics requires Nationwide !Environmental Services to take 1m oath to ba dedicated to the hig,'iest standards of professionalism, integrity and competence v.tlile reoognizlng tha'ir responsibffity to their customers, employees, and the pubUc.
To learn more about tile Certifiad SWaeping Company deslgnations you can visrt our \NSbsite at WMW.naPSaOntine,com . From here you can download an application to sea \Mlat the requirements-are for Certified Sweeping Companies and to view the naPSa Code of Ethics that Nationwide Environmental Services has pledged to uphold. You may atoo call our office for assistence and questions regarding Certification.
$1nceraiy,
~)
Amy Allen
Administrative Director
UIPII
LEGEND
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(MEDl.4i\lS & CENTERLINES) EVERY MONDAY & THURSDAY 1 :OO AM TO 5:00 AM
FIRST AMENDMENT TO AGREEMENT FOR STREET SWEEPING SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR STREET S\VEEPING SERVICES (the "First Amendment") is dated as of July l, 2016 by and between the City of Cudahy ("City") and Nationwide Environmental Services, a div. of Joe's Sweeping, Inc. a Califomia Corporation ("Contractor") as follows:
-RECITALSWHEREAS, Contractor and City entered into an At,rreement for Street Sweeping Services dated March 6, 2012 (the "Contract") (A trne and con-ect copy of the Contract is attached and incorporated as Exhibit "l "); and
,vHEREAS, Contractor and City entered into a Settlement Agreement to resolve disputes that have a1isen between City and Contractor as to (l) Contractor's entitlement to compensation, and the measure of that compensation, for services perfonned prior to the Effective Date of the Settlement Agreement; (2) payment and timely payment by City of amounts owing, or claimed by Contractor to be owing, prior to the Effective Date of the Settlement Agreement; and (3) the Contract's provision for payments due for services perfom1ed prior to and after the Effective Dale of the Settlement Agreement (collectively. "Dispute").
NOW, THEREFORE, the pa11ies to this First Amendment agree as follows:
Section I. The Contract is attached as Exhibit "I."
Section 2. Compensation. Section 1.3 B. of the Contract shall be amended and replaced with the following:
B. Section l.3(A) notwithstanding, Contrac1or's total compensation for the perfonnance of the services and tasks that compiise the Base Scope of Services shall be at a rate of $25.50 per Curb Line Mile ("CLM"), plus CPI increases as provided for in the Contract, based on an agreed upon estimated 30 CLM per sweeping cycle (there shall be two sweeping cycle's per week, with trash) for the period of February 2016 through the remaining Tenn of the Contract. This rate sball be inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. For purposes of this Agreement the tenn "City Fiscal Year" means the period of time commencing on July 1
st of each calendar year and ending on June 30th of the calendar year immediately following.
Section 3. Termination. Section 5 of the Contract shall be amended to add the following additional provision:
5.5 TemJination Pursuant to RFP: Contractor agrees that the City may put out a Request for Proposal due to a change in route for a new contract for street sweeping services at any time prior to the end of the Contract tenn, and should the City put out a Request for
Proposal due to a change in route for a new contract for street sweeping services p1ior to the end of the Contract tenn and accept another contractor or this Contractor on that Request for Proposal then the City may tcnninate this Contract with Contractor at any time thereafter. Other than as set forth herein the provisions of Section 5. I of the Contract slrnll remain in full force and effect.
Section 4. Payment of Compensation: Section 1.4 of the Contract shall be amended and replaced with the following:
l .4. Payment of Compensation: Following the conclusion of each calendar month, CONTRACTOR shall submit an invoice to City setting fo1ih CONTRACTOR'S charges for all services and tasks actually perfon11ed and satisfactorily perfonned by CONTRACTOR during the recently concluded calendar month under the Base Scope of Services and for any Additional Services actually requested by CITY. CONTRACTOR invoices shall state the curb linear miles (CLM) swept for the current route is thiiiy (30) CLM per cycle and the Pat1ies agree for the remainder of the Contract that the cun-ent route is an estimated thirty (30) CLM per cycle and CITY sball pay for thi1iy (30) CLM per cycle for the current route. To the extent the invoice includes charges for Additional Services, the invoice must state: the type of Additional Services perfonned and the rate of compensation associated with each category of Additional Work perfmmed and the name of the Authorized Representative who requested the service. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice. CITY shall pay all undisputed amounts included on the invoice.
ClTY shall not withhold applicable taxes or other authorized deductions from payments or other authorized deductions from payments made to CONTRACTOR.
Section 5. Exhibit B to Contract, Page l 9 of said Exhibit B (identified as page 14 of 14 on the bottom of said page) is amended by replacing that page with the attached replaced page which removes the portion of said page that describes the ''Routine Sweeping Maintenance, items 1, 2 and 3 in their entirety".
Section 4. No Further Modification. Except as specifically set fo1th in this First Amendment, all of the tenns and provisions of the Contract shall remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Contract, the provisions of this First Amendment shall govern and control but only to the extent of such conflict or inconsistency and no further. The Contract as amended by way of this First Amendment constitutes the entire, complete, final and exclusive expression of the Pa11ies with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between the parties prior to the execution uf the Contract as amended by way of this First Amendment. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Contract as amended by this First Amendment shall be valid and binding unless in writing and duly executed by the parties in the fonn of a wiitten contract amendment.
IN WITNESS \\'HEREOF, the C'ity of Cudahy and Nationwide Environmental Services. a div. of Joe's Sweeping, Inc. have caused this First Amendment to be executed as of the date indicated next to the signatures of the authorized officers which appear below:
Dated: _ _i,_1_:.~~I __ .2016
Dated: ____ .1/.J.Ja. ___ . 2016
Cl"TY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960
5220 Santa Ana Street
Cudahy, California 90201-6024
(323) 773-5143
Fax: {323) 771-2072
Per the Street Sweeping Services Agreement, Section 1.6, effective July 1, 2019 the City of Cudahy agrees and accepts NES' petition for an adjustment to the rates for extraordinary increases above and beyond the automztic CPI adjustment. Effective July 1, 2019, the price per curb mile will increase by 6% (2.7% CPI and,!l}3% for extraordimiry costs) to a new curb mile rate of $30.40. ,, . .-·"' // / .// .,,)
I ) ,•-{ / i I / ., (,/ 1· j .; / /f. / /]!
·' l ~I' 1 . . \~v_j,_~~,-,2._ ontai i
Ani Sam6elian
Vice President
Date
August 26, 2020
Mr. Henry Garcia
City Manager
City of Cudahy
5220 Santa Ana SL
Cudahy, CA 90201
Re: Street Sweeping Services
Dear Mr. Garcia,
Nationwide Environmental Services (NES) is proud to be contracted with the City of Cudahy. We are committed to providing the City with the most professional and reliable street sweeping service available in the industry.
Per your request, NES proposes to provide street sweeping services based on the redesigned route (See attached map). The route has been redesigned to accommodate day time sweeping of the residential streets once per week, on Mondays and Tuesdays, 8:30 AM to 1 :30 PM on an alternate side/alternate day sweeping pattern. Commercial and Arterial streets will remain under the existing frequency and continue to be swept twice per week on Mondays and Thursdays, 12:00 AM to 6:00 AM.
For the aforementioned services, the base monthly lump sum amount will be $8,740.00.
All other terms and conditions will remain unchanged with the contract renewal.
Should you have any questions, please feel free to contact me. 11914 Front Street qi Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726 www.nes-sweeping.com
, ARTERIALS & MEDIANS
MONDAY & THURSDAY
12:00 AM - 6:00 AM
RESIDENTIAL
MONDAY
8:30 AM - 1:30 PM
RESIDENTIAL
TUESDAY
8:30 AM -1:30 PM
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CITY OF CUDAHY
ALTERNATE SIDE & ALTERNATE DAY
STREET SWEEPING MAP
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School
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ByNES
City of Cudahy
Second Amendment to Agreement for Street Sweeping Services Additional Sweeping Items:
Emergency Call-out:
Extraordinary Rain Storm Sweeping:
Special Event Sweeping (Weekends/Holidays):
Special Sweeping (During Regular Day Sweeping Work Hours):
$103.14 Per Hr.
$103.14 Per Hr.
$103.14 Per Hr.
$103.14 Per Hr.
FIRST AMENDMENT TO AGREEMENT FOR STREET SWEEPING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR STREET SWEEPING SERVICES (the "First Amendment" ) is dated as of July I , 2016 by and between the City of Cudahy ("City") and Nationwide Environmental Services, a div. of Joe's Sweeping, Inc. a California Corporation ("Contractor") as follows:
-RECITALSWHEREAS, Contractor and City entered into an Agreement for Street Sweeping Services dated March 6, 2012 (the "Contract") (A true and correct copy of the Contract ts attached and incorporated as Exhibit " I"); and
WHEREAS, Contractor and City entered into a Settlement Agreement to resolve disputes that have arisen between City and Contractor as to (I) Contractor's entitlement to compensation, and the measure of that compensation, for services perfom1ed prior to the Effective Date of the Settlement Agreement; (2) payment and timely payment by City of amounts owing, or claimed by Contractor to be owing, prior to the Effective Date of the Settlement Agreement; and (3) the Contract's provision for payments due for services perfonned prior to and after the Effective Date of the Settlement Agreement (collectively, "Dispute").
NO\V, THEREFORE, the pat1ies to this First Amendment agree as follows:
Section I. The Contract is attached as Exhibit "1."
Section 2. Compensation. Section 1.3 B. of the Contract shall be amended and replaced with the following:
B. Section 1.3(A) notwithstanding, Contractor's total compensation for the performance of the services and tasks that comprise the Base Scope of Services shall be at a rate of $25.50 per Curb Line Mile ("CLM"), plus CPI increases as provided for in the Contract, based on an agreed upon estimated 30 CLM per sweeping cycle (there shall be two sweeping cycle's per week, with trash) for the period of February 201 6 tlu-ough the remaining Tenn of the Contract. This rate shall be inclusive of compensation for all labor, materi als, tools, suppli es, equipment, services, tasks and incidental and customary work necessary to competently perfonn and timely complete the Work. For purposes of this Agreement the tem1 "City Fiscal Year" means the period of time commencing on July l 51 of each calendar year and ending on June 30
111 of the calendar year immediately
following.
Section 3. Termination. Section 5 of the Contract shall be amended to add the following additional provision:
5.5 Tem1ination Pursuant to RFP: Contractor agrees that the City may put out a Request for Proposal due to a change in route for a new contract for street sweeping services at any time prior to the end of the Contract tenn, and should the City put out a Request for Attachment E Page 339 of 557
Proposal due to a change in route for a new contract for street sweeping services prior to the end of the Contract tenn and accept another contractor or this Contractor on that Request for Proposal then the City may tenninate this Contract with Contractor at any time thereafter. Other than as set forth herein the provisions of Section 5.1 of the Contract shall remain in full force and effect.
Section 4. Payment of Compensation: Section 1.4 of the Contract shall be amended and replaced with the following:
1.4. Payment of Compensation: Following the conclusion of each calendar month, CONTRACTOR shall submit an invoice to City setting forth CONTRACTOR'S charges for all services and tasks actually perfonned and satisfactorily perfonned by CONTRACTOR during the recently concluded calendar month under the Base Scope of Services and for any Additional Services actually requested by CITY. CONTRACTOR invoices shall state the curb linear miles (CLM) swept for the current route is thirty (30) CLM per cycle and the Patties agree for the remainder of the Contract that the cun·ent route is an estimated thirty (30) CLM per cycle and CITY shall pay for thirty (30) CLM per cycle for the current route. To the extent the invoice includes charges for Additional Services, the invoice must state: the type of Additional Services performed and the rate of compensation associated with each category of Additional Work performed and the name of the Authorized Representative who requested the service. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.
CITY shall not withhold applicable taxes or other authorized deductions from payments or other authorized deductions from payments made to CONTRACTOR.
Section 5. Exhibit B to Contract, Page 19 of said Exhibit B (identified as page 14 of 14 on the bottom of said page) is amended by replacing that page with the attached replaced page which removes the portion of said page that describes the "Routine Sweeping Maintenance, items 1, 2 and 3 in their entirety".
Section 4. No Further Modification. Except as specifically set forth in this First Amendment, all of the tenns and provisions of the Contract shall remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Contract, the provisions of this First Amendment shall govern and control but only to the extent of such conflict or inconsistency and no further. The Contract as amended by way of this First Amendment constitutes the entire, complete, final and exclusive expression of the Patties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between the patties prior to the execution of the Contract as amended by way of this First Amendment. No statements, representations or other agreements, whether oral or written, made by any Patty which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Contract as amended by this First Amendment shall be valid and binding unless in writing and duly executed by the patties in the fonn of a written contract amendment.
IN WITNESS WHEREOF, the City of Cudahy and Nationwide Environmental Services, a div. of Joe's Sweeping, Inc. have caused this First Amendment to be executed as of the date indicated next to the signatures of the authorized officers which appear below:
Dated: 7~'-- :2.----'1 _ _ , 2016
Dated : __ 3'-~j_...., Jwow'--- ' 20 16
By
TY ~
+-~~~=-- ----:::---- --- Name: 3'r. <;.ok ?.._:.\. 6t;, Title: C rb"\ & "'"··" " ( ) l
“Serving The People "Sirviendo A La Comunidad"
Staff Report
08/18/2026 Page 1 of 9
STAFF REPORT
Date: August 18, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: John Xie, Finance Director/City Treasurer
Subject: 90-Day Synopsis of City of Cudahy’s Financial Conditions
RECOMMENDATION
The City Council is requested to:
1. Receive and file this synopsis; and
2. Affirm, as a matter of City policy, that expenditures shall not exceed approved contract authority, purchase authority, or adopted appropriations without prior authorization through the appropriate amendment, change order, budget action, or other legally required approval process; and
3. Direct the City Manager, City Attorney, and Director of Finance to return with any contract amendments, ratifications, claims approvals, budget amendments, or other Council actions required to address the specific items identified in this report, and to provide progress updates through the regular budget cycle.
Administrative procedures and financial system controls are being implemented under the City Manager's authority as purchasing officer and the Director of Finance's authority over accounting and financial controls. Any amendment or corrective action requiring Council approval under the Municipal Code, an existing contract or applicable law will be returned to the Council.
BACKGROUND
Upon assuming office in January 2026, the City Manager identified the need for a comprehensive review of the City's financial controls, including procurement practices, contract administration, budgetary controls, and related financial systems. Given the importance and complexity of this review, the City Manager determined that the assessment Item Number
12D
Attachment F
“Serving The People "Sirviendo A La Comunidad"
Staff Report
08/18/2026 Page 2 of 9
should be conducted in coordination with dedicated financial leadership.
Following the appointment of the Finance Director in May 2026, the Finance Department initiated a structured review of the City's financial control environment. This report presents the initial findings from that review and identifies corrective actions underway to strengthen accountability, transparency, and compliance with the City's procurement and budget requirements.
This review is intended to provide the City Council with an accurate assessment of existing conditions and establish a path toward implementing sustainable internal controls. The purpose of this report is not to assign responsibility for past practices, but to identify areas where systems, procedures, and oversight mechanisms require improvement.
This report responds to the City Manager’s request for a synopsis of the financial conditions identified during the Finance Director’s first ninety days in office. It is informational.
These conditions are not new. In April 2014 the State Controller’s Office (SCO) reviewed the City’s administrative and internal accounting controls under Government Code section 12464 (Report S14-SPA-001) attached, after concluding the City’s ability to produce reliable financial reports was questionable. The SCO found only six of seventy-nine internal-control elements (8%) adequate. The City acknowledged the findings and committed in writing to remediate them — in several instances “upon appointment of a City Treasurer.” The City previously assigned Finance Department leadership responsibility for Treasurer functions; however, the City had not maintained a sustained internal control review or a comprehensive remediation effort addressing the procurement, contract administration, and budget-control weaknesses identified by the State Controller’s Office in 2014. The current review represents the first systematic examination of these controls in many years and provides an opportunity to implement the corrective measures previously identified.
This report is limited to procurement and budget-control matters. It does not address any matter that is the subject of a separate, ongoing review.
ANALYSIS
The review identified a set of related weaknesses in how the City authorizes, budgets for, and pays for goods and services. Each is described below, followed by the common control gap underlying most of them and the remediation in progress.
A. Payments exceeding contracted or authorized amounts
“Serving The People "Sirviendo A La Comunidad"
Staff Report
08/18/2026 Page 3 of 9
Cumulative payments to several vendors have exceeded the amounts authorized under their contracts or purchase authority:
• Transtech Engineering (contract city-engineering services) - $1,189,420 paid to date and with $721,757 remaining payable as of June 30, 2026, over half of it 121+ days past due.
A total of $1,911,177 expenditure incurred against $750,000 authorized; excess of $1,161,177 above council approved limits.
• WCA (contracted tree trimming service) - $114,386 paid to date and with $7,921 remaining payable as of June 30, 2026. A total of $122,307 expenditure incurred against $60,000 authorized; overage of $62,307.
• Yunex (contracted traffic-signal maintenance) - $166,958 paid to date and with $29,397 remaining payable as of June 30, 2026. A total of $196,355 expenditure incurred with no active agreement authorizing expenditure.
• Nationwide (contracted street sweeping service): $144,647 paid to date against $130,000 authorized; overage of $14,647.
• Willdan (contracted professional consulting services): $20,637.50 paid to date and with $8,565 remaining in payable as of June 30, 2026. A total of $29,202.50 expenditure incurred against $10,000 per year authorized; overage of $19,202.50.
The same pattern appears in construction. On the Atlantic Avenue Complete Streets project (STR-003), billings reached $5,287,768.38 against an authorized contract amount of $5,239,746.73 — $48,021.65 over the ceiling — driven by unit-price quantity overruns billed without change orders and by pending change orders (approximately $192,000) billed as complete before execution. These items are being handled through the contract’s dispute process.
B. Services rendered under no executed contract
The review found payments for services for which no executed written agreement could be located — the same condition the SCO identified in 2014, when it recommended the City use vendor 1099 reports to identify vendors paid without a contract. Without an executed agreement in the City’s records, the City lacks documented terms for scope, price, insurance, and indemnification, and compliance with Municipal Code contracting and Council-approval requirements cannot be established.
C. Weak controls over construction change orders and project costs Beyond the payment overages described in (A), the review found recurring weaknesses in how the City authorizes, pays, and closes out construction change orders:
• Change orders billed before execution. On the Atlantic Avenue Complete Streets project (STR-003), pending change orders (approximately $192,000) were billed as complete before they were signed, and unit-price items were billed beyond their bid quantities
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without a change order authorizing the overrun.
• Contracts grown substantially through cumulative change orders. On the LA River Area Improvements project (ABP-001), the contract grew from $3,793,293 to $4,804,894 — a 27% increase — through nine change orders.
• Change orders paid outside the progress-billing process, without a reconciling review.
On that same project, change orders were paid 100% on separate check requests rather than through the progress pay applications, and the applications did not display the offsetting deduction until a later application. Nothing reconciled the separately paid change orders against the progress billing at the time of payment. A full reconciliation confirmed the contract ultimately tied out with no net overpayment; the finding is the absence of the reconciling control — which created double-payment risk and caused the payments to present as an overpayment until reconciled — not a loss. • Scope added by change order rather than competitively procured. A single change order added approximately $897,518 of work — about 24% of the base contract — as additional maintenance scope rather than through separate procurement, raising a competitive-bidding question under the Public Contract Code and the City's Purchasing Policy.
The common thread is that the contracts exist and the work was largely performed, but the authorization, change-order, and closeout controls around them were not enforced at the time of payment. These are being addressed through change-order authorization tiers, a three-way match, mandatory retention tracking, and a requirement that change orders route through the same encumbrance and review as base contracts — all within the Financial Policies Manual and the City's financial system.
D. Capital-improvement expenditures without appropriation Capital-improvement expenditure has been incurred without corresponding appropriation in the adopted budget. Because the adopted budget is the Council’s legal grant of spending authority, capital spending outside it proceeds without the appropriation the law requires and outside the Council’s capital-planning decisions.
E. Appropriations exceeded without a budget amendment
In one or more funds, expenditures exceeded adopted appropriations without a Councilapproved budget amendment. This represents budgetary noncompliance and mirrors the 2014 finding in which the General Fund overspent by roughly $1.3 million with no amendment adopted.
F. The underlying cause: purchase-order encumbrance requirements were not consistently used or enforced
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Most of the conditions above share one root cause. Payments to these vendors are processed through direct check requests rather than through purchase orders that encumber the contract amount. Because nothing in the financial system reserves funds against a contract ceiling or blocks a payment that would exceed it, an overage becomes visible only after the money is spent — which is also why several items were brought to the Council for authorization after the fact rather than before. Related weaknesses include change orders approved or billed without the authorization level the Municipal Code and contract require, and vendor records missing W-9s and 1099 designations, which is the very data needed to detect vendors paid without a contract.
G. Credit Card administration and compliance
The City has an adopted purchasing-card policy, authorized by Resolution No. 12-10 (2012) and amended by Resolution No. 21-44 (2021), with a written Credit Card User Policy and signed user agreements on file. The condition identified is not the absence of a policy but its administration. The policy assigns the Finance Director responsibility for the timely reconciliation of card accounts, the monitoring of card usage, and record retention, and it sets specific requirements — receipts submitted to the expense portal within three business days, a $5,000 per-purchase limit consistent with the Purchasing Policy, no splitting of purchases to evade that limit, and, under Resolution No. 21-44, no more than five authorized users. The reconciliation and monitoring that the policy assigns to Finance had not been performed on a regular basis. Finance is now performing reconciliation and monitoring, and is strengthening the policy — codifying transaction limits, automating receipt capture and review, and adding periodic audit — as part of the Financial Policies Manual. The same resolution authorizes the City's lines of credit and sets parallel controls, including at least two signatures on any drawdown and a five-user limit; compliance with those controls is being confirmed as part of this review.
H. Risk Issues Associated with Identified Concern Areas The conditions described above are correctable, but left unaddressed, they carry real exposure for the City. The risks if no actions are taken are as follows:
• Fiscal exposure- Paying above authorized amounts and outside the adopted budget creates liabilities the City did not plan for. Past-due balances -such as the vendor payables outstanding more than 120 days at June 30, 2026 - also expose the City to promptpayment interest, an avoidable cost caused by process rather than by the underlying obligation.
• Legal and contractual exposure- Paying for services under no executed agreement leaves the City without agreed scope, price, insurance, or indemnification, so it bears risks it would ordinarily transfer to the vendor. Adding scope by change order rather than through competitive procurement raises exposure under the Public Contract Code, and
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exceeding an appropriation without a budget amendment is inconsistent with California budget law.
• Audit and external-review exposure- Because these are previously identified control weaknesses, their recurrence increases the likelihood of audit findings and of a repeat of the heightened external scrutiny the City experienced in 2014. Where the affected spending is grant-funded, inadequate documentation or non-competitive procurement can place the associated grant revenue at risk of disallowance and repayment. • Continuing internal-control exposure- Until purchase-order encumbrance, a three-way match, and routine reconciliation are fully in place, overages, duplicate payments, and errors will continue to be detectable only after payment rather than prevented before it.
The exposure is ongoing, not historical.
• Governance and public-confidence exposure- A pattern of seeking authorization after funds are committed erodes the Council's budgetary authority and the public's confidence that spending is controlled. Bringing these conditions forward, and correcting them, is what restores both.
Relationship Between Prior SCO Findings and Current Review The conditions map to the 2014 record as follows:
Control area 2014 SCO review (S14-SPA-001) Condition in the 90-day review Contract
authorization
(FINDING 2)
SCO recommended executed
written contracts and use of
1099 reports to find vendors paid
without one; Municipal Code
amended to require Council
approval of contracts over
$5,000.
Payments for services rendered
under no executed contract.
Contract
administration
(FINDING 2)
Weak authorization and
disbursement controls let
spending outrun authority.
Payments to multiple vendors
exceed their contracted /
authorized amounts.
Appropriation
control
(FINDING 10)
FY2011–12 General Fund
overspent by ~$1.3M with no
budget amendment adopted.
Appropriations exceeded without
a Council-adopted budget
amendment.
Capital
budgeting and
appropriation
control
Budgets and budget
amendments were not adopted
timely, and expenditures
exceeded appropriations.
CIP expenditures incurred with no
budgeted appropriation.
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Control area 2014 SCO review (S14-SPA-001) Condition in the 90-day review (FINDING 10)
The point is not that today’s figures equal 2014’s. It is that these are previously identified, previously acknowledged control weaknesses that were not durably remediated — and are now being corrected.
Remediation in progress
The Finance Department is not waiting on this report to act. A comprehensive Financial Policies Manual — eight modules covering roughly three dozen policies — is currently being reviewed, updated, and implemented as the City’s internal-control framework; the first module (accounts payable, accounts receivable, and payroll) is drafted, and the policies most relevant to the conditions above are prioritized. These include a purchasing and contract-administration policy that requires an executed contract before payment, mandatory purchase-order encumbrance to each contract’s not-to-exceed amount, a three-way match (purchase order, receiving, invoice), and defined change-order authorization tiers; an updated travel and purchasing-card policy; and an appropriation-control and budget-amendment policy covering CIP.
In parallel, the City’s Tyler financial system is being configured to require purchase orders for designated vendors and to stop invoices that exceed the remaining encumbrance, and vendor master records are being brought current. These administrative procedures and system controls are being implemented under the City Manager’s authority as purchasing officer and the Director of Finance’s authority over accounting and financial controls. Any action requiring Council approval will be brought forward through the appropriate contract, claims, or budget process.
Next Steps
1. Confirm executed agreements and not-to-exceed amounts. Verify that each vendor and engagement identified in this report is covered by a current, fully executed agreement with a defined scope and not-to-exceed amount, and route any future change orders through the same encumbrance and review as the base contract. This closes the gap that allowed payments to run past authorized amounts and, in at least one case, without any active agreement in place.
2. Complete citywide contracts inventory. Assemble a complete inventory of active City contracts and centralize those authorized by the Council within the City Clerk's Office as the
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single system of record. A current, central repository lets staff confirm — before payment — that an executed agreement exists, what it authorizes, and how much authority remains.
3. Complete FY 24/25 Audit, and begin FY 25/26 audit. Finalize the outstanding FY 24/25 audit and begin the FY 25/26 audit to identify actual expenditures. Completing both brings the City’s financial reporting current and provides the verified figures against which the conditions in this report are measured.
4. Present required contract amendments, ratifications, or budget actions. Bring forward the contract amendments, ratifications, and budget actions needed to reconcile prior overcontract and over-appropriation amounts, incorporated into the regular budget cycle rather than as separate items.
5. Further implement budget controls in Tyler financial systems. Continue configuring the City's Tyler system to require purchase-order encumbrance for designated vendors, to reject invoices that exceed the remaining encumbrance, and to enforce budget-to-actual controls at the appropriation level. Building these controls into the system makes prevention automatic rather than dependent on manual review.
6. Complete and adopt the Financial Policies Manual. Complete and adopt, administratively, the Financial Policies Manual now being reviewed, updated, and implemented as the City's internal-control framework, prioritizing the purchasing and contract-administration, purchasing-card, and appropriation-control policies that address the conditions in this report.
7. Provide quarterly budget updates. Provide the City Council with quarterly informational updates on the City's budget position and on the progress of the corrective measures described in this report, giving the Council a regular, documented view of both spending against appropriation and the status of remediation.
CONCLUSION
The conditions described here are serious but correctable. Finance is leading the accounting and system-control work in coordination with the City Manager, City Attorney, and operating departments. Presenting the conditions now — with the 2014 record attached rather than omitted — is itself part of the correction: it places the City on a documented path back to the procurement and budget discipline it committed to a decade ago. Administrative remediation is already underway, and matters requiring Council approval will return through the appropriate contract, claims, or budget process.
FINANCIAL IMPACT
This is an informational report and requests no appropriation. The amounts identified in this
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report represent known conditions identified through the initial 90-day review. Finance will continue reconciliation of contracts, appropriations, encumbrances, and outstanding obligations and will return with any additional corrective actions requiring Council approval.
The corrective controls run on existing staff and the City's current financial system at no material added cost, and their effect is to prevent future unauthorized or over-ceiling expenditures.
ATTACHMENTS
A. 2014 State Controller’s Office – Administrative and Internal Accounting Controls Report
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STAFF REPORT
Date: October 6, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Daniela Trujillo, Administrative Analyst
Subject: Adoption of Resolution No. 26-43 Accepting Completion of the Atlantic Avenue Complete Streets Improvement Project (STR-003) and Authorizing Related Project Actions
RECOMMENDATION
The City Council is requested to adopt Resolution No. 26-43:
1. Accepting the completion of work performed by Sequel Contractors, Inc. for the Atlantic Avenue Complete Streets Project (STR-003);
2. Appropriating $438,192.74 in Measure R Local Return funds for the Sequel Contractors Inc contract to cover construction costs exceeding the previously authorized contract and contingency amount, and related project cost;
3. Authorizing the City Manager to execute Contract Change Orders No. 26 through No. 35 in the total amount of $224,433.66;
4. Authorizing the City Manager to execute the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Los Angeles Recorder’s Office; and
5. Authorizing the release of the construction contract retention in the amount of $265,259.91 to Sequel Contractors, Inc.
BACKGROUND
1. In September 2024, the project design was completed by Transtech Engineers, Inc.
2. The Notice Inviting Bids was published on October 7, 2024, with a Bid Opening date set for November 13, 2024. Four (4) contractors submitted bids for the Project.
3. On December 17, 2024, City Council adopted Resolution No. 24-43, amending the Project funding, approved the Plans and Specifications, and awarded a Item Number
12F
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Contract Services Agreement to Sequel Contractors, Inc. in the amount of $4,680,872.75.
ANALYSIS
The Atlantic Avenue Complete Streets Project (from Florence Avenue to Patata Street) scope of work included rehabilitation of pavement, raised medians with landscaping, installation of Class II bicycle lanes, new pavement striping and markings, construction of concrete bus pads and access ramps, and transit stop improvements such as new bus shelters benches, pedestrian light fixtures, bicycle racks and waste receptacles. As part of the subject project the intersections of Atlantic Avenue with Otis Avenue, Salt Lake Avenue, Wilcox Avenue, and Clara Street were improved by removal and upgrade of countdown pedestrian heads and pedestrian push button assemblies. Work also included installation of double-sided LED 4k HD programmable electronic signs, monuments and wayfinding signages.
During construction, some of the bid item quantities were adjusted based on field conditions and the original scope of work was expanded to accommodate additional work requested by the City and resolve unforeseen conditions. These changes resulted in additional contract cost of $630,819.75 as reflected in Contract Change Orders No.1 through No. 35. The original contract amount was $4,680,872.75.
Therefore, the adjusted contract amount, inclusive of the contract change orders is $5,311,692.50.
The Atlantic Complete Streets Improvement Project is funded through Metro 2015 Call for Projects (CFP), Measure R (Local Return), Measure R (Capital Reserves), Measure M, Proposition A, and SB1/RMRA funds. To date, the total cost of the project including construction, construction management and inspection and labor compliance monitoring is currently at $6,205,034.93. This total contains invoices that are outstanding and in review. During the closeout phase, there may also be additional professional services costs that are incurred. Construction costs total $5,311,692.50 requiring allocation of $162,732.75 in additional funding through Measure R Local Return funds.
All required improvements were constructed in conformance with the approved plans and specifications therefore, the project is ready to be accepted as complete.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. XX-XX accepting the Notice of Completion of the Atlantic Avenue Complete Streets Improvement Project (STR-003).
STRATEGIC PLAN CORRELATION
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Goal E – City Infrastructure and Services Delivery
Strategy 1: City Infrastructure and Service Delivery. Ensure high-quality infrastructure to continue connectivity throughout the community.
Strategy 3: Complete Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.
Strategy 7: Complete the Atlantic Avenue Corridor Project.
FINANCIAL IMPACT
The total cost of the Atlantic Avenue Complete Streets Improvement Project (STR-003) is currently $6,205,034.93, of which $5,530,077.40 has been paid, leaving an outstanding balance of $674,957.53. This balance consists of $438,192.74 in remaining construction costs and $236,764.79 in consultant invoices that remain under review.
This action appropriates funding for the remaining construction costs only, consisting of the unpaid balance of Sequel Contractors, Inc. Pay Application No. 9, Pay Application No. 10, and retention. The consultant invoices are not included in this recommendation.
Staff will return to Council with a separate recommendation once the review is complete, if additional appropriation is needed.
Authorize an appropriation of $438,192.74 from Measure R Local Return (Fund 253) available fund balance to Account No. 253-7108-6725-000, Atlantic Avenue Complete Streets Improvement Project (STR-003).
ATTACHMENTS
A. Notice of Completion
B. Resolution No. 26-43
C. Change Order Log
(NO FEE PURSUANT TO GOVT. CODE SECT. 27383)
RECORDING REQUESTED BY:
CITY OF CUDAHY
AND WHEN RECORDED MAIL TO:
City Clerk’s Office
Attn: City Clerk
(Name)
5220 Santa Ana Street
(Street Address)
Cudahy, CA 90201
(City, State, and Zip)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is: CITY OF CUDAHY
3. The full address of the owner is: 5220 Santa Ana St, Cudahy, CA 90201
4. The nature of the interest or estate of the owner is: In Fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
NONE
6. The full names and fill addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
NONE
7. A work of improvement on the property hereinafter described was completed on July 27, 2026.
The work was: Atlantic Avenue Complete Streets Improvement Project, City Project No: STR-003 - FY 2025-26. Complete street improvements including reconstruction of pavement and concrete improvements, installation of landscaped median islands, traffic signal upgrades along Atlantic Avenue from south to north city limits and installation of a city entry monument.
8. The name of the contract, if any, for such work of improvement was SEQUEL Construction Inc. December 17, 2024
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)
9. The property on which the work of improvement was completed is in Cudahy, County of Los Angeles, State of California, and is described as follows: City owned facilities
10. The street address of the property is: None
Christopher R. Lopez, City Manager Date
VERIFICATION
I, the undersigned, say: I am the City Manager of the City of Cudahy, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on: , at Cudahy California
(CITY) (STATE)
Attachment A Page 354 of 557
RESOLUTION NO. 26-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA ACCEPTING THE ATLANTIC
AVENUE COMPLETE STREETS IMPROVEMENT PROJECT
NO. STR-003 AS COMPLETE AND AUTHORIZING STAFF
TO PREPARE AND FILE THE NOTICE OF COMPLETION
WITH THE LOS ANGELES COUNTY RECORDER
WHEREAS, on December 17, 2024, the City Council authorized the award of a construction contract to Sequel Contractors, Inc. to complete the Atlantic Avenue Complete Streets Project; and
WHEREAS, Sequel Contractors, Inc. has completed the work in accordance with the contract documents for the Project; and
WHEREAS, if no liens or claims are received within 35 days of filing the Notice of Completion, the retained payment funds and any remaining amount due will be released to Sequel Contractors, Inc.; and
WHEREAS, on December 17, 2024, City Council adopted Resolution No. 24-43, amending the Project funding; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:
SECTION 1. Accept the Project as complete;
SECTION 2. Authorize the City Manager to execute the Project’s Notice of Completion; and
SECTION 3. Authorize the City Clerk to file the Porject’s Notice of Completion with the Los Angeles County Recorder; and
SECTION 4. Authorize the release of the retention 35 days after the filing of the Notice of Completion if no liens or stop notices are received.
SECTION 5. Appropriate an additional $438,192.74 in Measure R Local Return funds to the Project.
SECTION 6. The City Council now hereby authorizes the Finance Director, or designee, to appropriate these funds from available fund balance and amend the FY 2026-2027 budget.
Attachment B Page 355 of 557
Resolution No.26-43
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting of this 6
th day of October 2026.
__
Cynthia Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No.26-43
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-43 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 6
th day of October 2026 and that said Resolution was
adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Richard Iglesias
City Clerk
CCO LOG
PROJECT NAME: Cudahy Citywide - Atlantic Avenue Complete Streets Improvement Project, City Project No: STR-003Last Updated: 08-28-2026 TOTAL CONTRACT Dollar Amount % of Base
Contract
TOTAL BASE BID AMOUNT $4,680,872.75 100.00%TOTAL CHANGE ORDERS APPROVED $630,819.75 13.48%TOTAL CHANGE ORDERS UNDER REVIEW $0.00 0.00%TOTAL CHANGE ORDERS REJECTED $258,290.27 5.52%TOTAL AUTHORIZED CONTRACT AMOUNT TO DATE(Base Contract + Total Change Orders Approved): $5,311,692.50 113.48% $468,087.00
CCO No.
PCO No.
Description Amount for this
CCO
Authorized Cumulative Change Order
Cumulative Contract with CCO
Date Submitted
Date Approved
Contingency Balance
Comments Response
1 1
Construction Signs - Install two (2) 4' x 8' Construction Signs on aluminum dibond panel sign with 'COMING SOON' sash mounted on a skid. Detailed work and cost information for each affected location, the types of repairs carried out, and the quantities involved are included in the Change Order documents. $6,494.43 $6,494.43 $4,687,367.18 3/28/2025 4/8/2025 $461,592.57 Approved 2 2
Furnish and install revised Monument Signs (increase LED message board sizes from 3’-1 13/16” x 3’-11 ¼” to 3’-11 ¼” x 5’-6 1/8” - 2 boards per monument / 4 boards total). Due to increase in size of LED message boards, (2) monument signs to increase in height. See backup document for further detail regarding this CCO. $13,280.40 $19,774.83 $4,700,647.58 5/26/2025 5/30/2025 $448,312.17 Approved 3 3
There are several existing damaged pull boxes within the proposed wheel chair ramps that will completely break at Clara & Otis during construction. Confirmed with the City Public Works (Aurelio Trujillo), they do not have the quantities of replacement pull boxes in stock. Sequel provided and installed (10) concrete junction boxes per response to RFI 01, work was tracked as a Time and Material (Referened Time and Material Ticket No. with Contract C.O. 3), see backup douments with the CCO. $2,014.35 $21,789.18 $4,702,661.93 6/10/2025 6/11/2025 $446,297.82 Approved 4 4
Due to a void under the wheel chair ramp is a void of On the S/E Corner of Salt Lake and Santa Ana there was an existing utility. Confrimed by Transtech (Jerry Perez) Mike McMillin, Pipeline Technician So Cal Gas is requesting 1’ of sand over the pipe and 8" CAB over sand and compaction. Mike McMillin is onsite. Sequel to fill the void at the existing PCC curb ramp (due to unforeseen conditions) at south east side of Santa Ana Avenue and Otis Avenue per response to RFI 03, work was tracked as a Time and Material (Referenced Time and Material Ticket No. with Contact C.O. 4), see backup douments with the CCO. $2,303.71 $24,092.89 $4,704,965.64 6/10/2025 6/11/2025 $443,994.11 Approved 5 6
Per the directioon from the City Public Works (Aurelio Trujillo), Sequel to submit a cost difference for the City’s preferred backflow enclosure type with a hasp lock cover to deter the lock from being tampered with a deduction for the one's orginally specified within the drawings. The cost includes labor and concrete pad installation, see backup douments with the CCO. $6,909.01 $31,001.90 $4,711,874.65 7/16/2025 7/17/2025 $437,085.10 Approved 6 7 Removal and disposal of (13) trees within the Atlantic Avenue Medians between Florence Avenue and Cecelia Street, see backup douments with the CCO. $16,207.49 $47,209.39 $4,728,082.14 6/23/2025 7/21/2025 $420,877.61 Approved 7 8 Irrigation mainline replacement from schedule 40 PVC to schedule 80 PVC, see backup documents with the CCO. $12,969.12 $60,178.51 $4,741,051.26 8/4/2025 8/4/2025 $407,908.49 Approved Contingency as per 12-17-2024 Construction Award Staff Report= Transtech Engineers, Inc., Std CCO Log D:\Transtech Engineers Dropbox\Duane Tut\JOBRECRD\2024\241202 CUD ATLANTIC AVE COMPLETE ST IMP PM, CM, LABOR COMP, MAT TEST, STR-003\WIP\0.CIP\50 Construction Management\50.12 Change Orders (CCO)\01 CCO Log\ Attachment C
CCO LOG
PROJECT NAME: Cudahy Citywide - Atlantic Avenue Complete Streets Improvement Project, City Project No: STR-003Last Updated: 08-28-2026 TOTAL CONTRACT Dollar Amount % of Base
Contract
TOTAL BASE BID AMOUNT $4,680,872.75 100.00%TOTAL CHANGE ORDERS APPROVED $630,819.75 13.48%TOTAL CHANGE ORDERS UNDER REVIEW $0.00 0.00%TOTAL CHANGE ORDERS REJECTED $258,290.27 5.52%TOTAL AUTHORIZED CONTRACT AMOUNT TO DATE(Base Contract + Total Change Orders Approved): $5,311,692.50 113.48% $468,087.00
CCO No.
PCO No.
Description Amount for this
CCO
Authorized Cumulative Change Order
Cumulative Contract with CCO
Date Submitted
Date Approved
Contingency Balance
Comments Response
Contingency as per 12-17-2024 Construction Award Staff Report= 8 9 Curb Ramp Form Work on N/ E Live Oak and Otis, see backup documents with the CCO. $1,046.15 $61,224.66 $4,742,097.41 8/4/2025 8/4/2025 $406,862.34 Approved9 5 Shallow Elecrical Conduit cut repaired, see backup douments with the CCO. $2,864.76 $64,089.42 $4,744,962.17 6/28/2025 6/28/2025 $403,997.58 Approved 10 11 Ped Push Buttons work at the intersection of Otis Ave and Clara St, see backup documents with the CCO. $5,216.76 $69,306.18 $4,750,178.93 7/31/2025 8/8/2025 $398,780.82 Approved11 12 Asphalt with Fabric Removal for unforeseen conditions per RFI #16 response regarding the existing paving fabric, please see the following agreed on lump sum cost to remove and dispose of the top two inches of asphalt containing the paving fabric within the proposed medians island area, see backup documents with the CCO. $24,888.32 $94,194.50 $4,775,067.25 8/18/2025 8/22/2025 $373,892.50 Approved 12 13
Bus Shelter Utility Conflicts for unforeseen conditions per RFI’s #5 and 17, due to conflicting utilities, and the subsequent changes to the bus stop paving , see backup documents with the CCO. $14,474.86 $108,669.36 $4,789,542.11 8/20/2025 8/22/2025 $359,417.64 Approved 13 16 Removal of unforeseen PCC paving for Irrigation sleeves between existing medians, see back up documents with CCO. $9,703.69 $118,373.05 $4,799,245.80 9/10/2025 9/11/2025 $349,713.95 Approved 14 18 Replace specified Irrigation Pull Boxes Lids with Lockable Lids, see back up documents with CCO. $22,943.66 $141,316.71 $4,822,189.46 9/9/2025 10/20/2025 $326,770.29 Approved15 19 Remove & Grade Stamped PCC In exisitng Islands - 140 LF @ 5 Locations, see backup douments with the CCO. $8,913.85 $150,230.56 $4,831,103.31 8/21/2025 9/15/2025 $317,856.44 Approved16 14 Removal of unforeseen PCC removal for new planter medians, see backup douments with the CCO. $55,818.81 $206,049.37 $4,886,922.12 9/22/2025 11/21/2025 $262,037.63 Approved 17 20 Electrical outlet installation within medians, see backup documents with the CCO. $131,012.45 $337,061.82 $5,017,934.57 10/22/2025 10/31/2025 $131,025.18 Approved 18 21 Remove and Replace Bus Shelter Glass NE Florence Ave & Atlantic Ave, see backup documents with the CCO. $7,645.68 $344,707.50 $5,025,580.25 8/21/2025 11/18/2025 $123,379.50 Approved 19 25 Future replacement of Trash Receptacle Logos for Public Works, see backup documents with the CCO. $753.47 $345,460.97 $5,026,333.72 12/16/2025 12/16/2025 $122,626.03 Approved20 24 Cost credit for the reduction in depth of cold milling to 1” from the original 2” depth, see backup documents with the CCO. -$10,413.51 $335,047.46 $5,015,920.21 12/4/2025 12/4/2025 $133,039.54 Approved 21 17 Tree Replacements. Due to CCO 6 removal and disposal of (13) trees replacement trees were selected for replacement, see backup douments with the CCO. $19,824.93 $354,872.39 $5,035,745.14 9/12/2025 1/6/2026 $113,214.61 Approved Transtech Engineers, Inc., Std CCO Log D:\Transtech Engineers Dropbox\Duane Tut\JOBRECRD\2024\241202 CUD ATLANTIC AVE COMPLETE ST IMP PM, CM, LABOR COMP, MAT TEST, STR-003\WIP\0.CIP\50 Construction Management\50.12 Change Orders (CCO)\01 CCO Log\
CCO LOG
PROJECT NAME: Cudahy Citywide - Atlantic Avenue Complete Streets Improvement Project, City Project No: STR-003Last Updated: 08-28-2026 TOTAL CONTRACT Dollar Amount % of Base
Contract
TOTAL BASE BID AMOUNT $4,680,872.75 100.00%TOTAL CHANGE ORDERS APPROVED $630,819.75 13.48%TOTAL CHANGE ORDERS UNDER REVIEW $0.00 0.00%TOTAL CHANGE ORDERS REJECTED $258,290.27 5.52%TOTAL AUTHORIZED CONTRACT AMOUNT TO DATE(Base Contract + Total Change Orders Approved): $5,311,692.50 113.48% $468,087.00
CCO No.
PCO No.
Description Amount for this
CCO
Authorized Cumulative Change Order
Cumulative Contract with CCO
Date Submitted
Date Approved
Contingency Balance
Comments Response
Contingency as per 12-17-2024 Construction Award Staff Report= 22 29 Furnish and install Manhole Covers and Rings, see backup documents with CCO. $4,730.75 $359,603.14 $5,040,475.89 1/26/2026 1/28/2026 $108,483.86 Approved23 31 Unforeseen Concrete Slab removal on Atlantic Avenue for electrical work, see backup documents with the CCO. $1,436.05 $361,039.19 $5,041,911.94 8/11/2025 2/2/2026 $107,047.81 Approved 24 32 Additional Ped Push Button Conduit at Wilcox Avenue & Clara Street, see backup documents with the CCO. $5,596.90 $366,636.09 $5,047,508.84 7/23/2025 9/22/2025 $101,450.91 Approved 25 26 Raise (53) Concrete Water Valve Boxes before AC Paving overlay, see backup documents with the CCO. $39,750.00 $406,386.09 $5,087,258.84 12/4/2025 2/17/2025 $61,700.91 Approved26 15 Electrical work for Otis Avenue & Clara Street including the removal and installation of new electrical cabinet, see backup douments with the CCO. $117,777.45 $524,163.54 $5,205,036.29 9/9/2025 2/17/2026 -$56,076.54 Approved27 38 Furnish and install electrical conductors to operate the pedestrian push buttons, see backup documents with CCO. $7,218.34 $531,381.88 $5,212,254.63 2/20/2026 3/3/2026 -$63,294.88 Approved28 39 Furnish and install new median nosings, see backup documents with CCO. $9,360.49 $540,742.37 $5,221,615.12 2/20/2026 3/3/2026 -$72,655.37 Approved29 30 Remove and Replace Bus Shelter Glass NW Florence Ave & Atlantic Ave, see backup documents with the CCO. $15,126.27 $555,868.64 $5,236,741.39 12/3/2025 3/10/2026 -$87,781.64 Approved30 43 Furnish and install replacement for stolen solar lights, see backup documents with the CCO. $3,005.34 $558,873.98 $5,239,746.73 -$90,786.98 Approved 31 Quantity adjustments for various site items. See calculations show in attached document. $62,676.65 $621,550.63 $5,302,423.38 -$153,463.63 Approved 32 Remove and Replace and existing damaged DLC cable at the intersection of Atlantic Avenue and Salt Lake Avenue, see back up documents with the CCO. $8,524.12 $630,074.75 $5,310,947.50 8/27/2026 -$161,987.75 Approved 33 Deductive Change Order for removal of SCE lights Bid Item 100 -$4,800.00 $625,274.75 $5,306,147.50 -$157,187.75 Approved 34 No cost Change Order for time extension due to overlapping agency underground project installations. $0.00 $625,274.75 $5,306,147.50 -$157,187.75 Approved 35 Quantity adjustments for various site items. See calculations show in attached document. $5,545.00 $630,819.75 $5,311,692.50 8/27/2026 -$162,732.75 Approved Transtech Engineers, Inc., Std CCO Log D:\Transtech Engineers Dropbox\Duane Tut\JOBRECRD\2024\241202 CUD ATLANTIC AVE COMPLETE ST IMP PM, CM, LABOR COMP, MAT TEST, STR-003\WIP\0.CIP\50 Construction Management\50.12 Change Orders (CCO)\01 CCO Log\
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STAFF REPORT
Date: October 6, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Daniela Trujillo, Administrative Analyst
Subject: Receive and File a Status Update on the Clara Expansion Park Rehabilitation Project – PRE-004
RECOMMENDATION
It is recommended that the City Council:
1. Receive and file the status update for the Clara Expansion Park Rehabilitation Project (PRE-004);
2. Acknowledge the project's current estimated funding gap of approximately $4.83 million and the September 2027 deadline associated with the Measure A Competitive Grant;
3. Direct staff to continue pursuing federal, state, county, regional, and other external funding opportunities to reduce the project's funding gap;
4. Direct staff to incorporate the Clara Expansion Park funding requirement, along with the funding requirements of other existing Capital Improvement Program (CIP) projects, into the City's broader capital project funding and prioritization process; and
5. Direct staff to provide additional updates to the City Council on other active and planned CIP projects, including their respective project costs, secured and anticipated funding sources, remaining funding gaps, grant deadlines, and other funding considerations.
BACKGROUND
On March 2, 2021, the City entered into an Agreement with the Los Angeles Neighborhood Land Trust (LANLT) for the development and construction of improvements for parks in the City of Cudahy.
On February 10, 2022, the City was awarded a Measure A Competitive Grant through the Los Angeles County Regional Park and Open Space District (RPOSD) for the Clara Item Number
12G
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Expansion Park Rehabilitation Project.
In Fiscal Year 2022/23, the LANLT was awarded a Specified Grant through the California Department of Parks and Recreation for the project. The total grant award is $5,000,000, with $3,500,000 allocated to the City of Cudahy for the Clara Expansion Park Rehabilitation Project and $1,500,000 allocated to the City of Maywood for the Maywood Riverfront Park Project.
In Fiscal Year 2021/22, the City submitted and was awarded a Per Capita Grant through the California Department of Parks and Recreation.
The project is intended to provide a comprehensive rehabilitation and expansion of Clara Expansion Park and includes improvements to existing recreational amenities, landscaping, lighting, irrigation, basketball courts, playground equipment, restrooms, and the addition of a soccer field.
PROJECT STATUS
The Clara Expansion Park Rehabilitation Project has reached 100% design completion and is currently progressing through the permitting process.
The proposed project improvements include:
• Installation of a new irrigation pump and irrigation system • Upgrades to existing gazebos
• Replacement of benches and picnic tables
• Replacement of outdoor exercise equipment
• Upgrades to playground equipment
• Resurfacing and restriping of the basketball courts
• Lighting improvements
• Landscaping improvements
• Addition of a soccer field
• Renovation of restroom facilities
Completion of the design represents a significant milestone for the project. However, the project is not currently fully funded for construction.
PROJECT FUNDING STATUS
The project currently has approximately $4.37 million in secured funding from the following sources:
Secured Funding Source Amount
Measure A Competitive Grant $680,000
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State Parks Per Capita Grant $192,680
State Budget Allocation $3,500,000
Total Secured Funding $4,372,680
The current estimated total project cost is approximately $9.2 million, resulting in an estimated remaining funding gap of approximately $4,827,320.
Project Funding Summary Amount
Estimated Total Project Cost $9,200,000
Secured Funding ($4,372,680)
Estimated Funding Gap $4,827,320
The secured funding represents approximately 48% of the current estimated project cost, leaving approximately 52% of the project currently unfunded.
The funding gap is substantial and will need to be addressed before the City can proceed with the full construction scope contemplated by the current project estimate.
GRANT TERM AND EXTENSIONS
The City has previously obtained extensions for several of the project's funding sources in order to preserve available grant funding while the project has progressed through design, permitting, and other pre-construction requirements.
Measure A Competitive Grant – $680,000
The City has received extensions to the Measure A grant term, including an amendment executed in September 2026 extending the grant term through September 30, 2027.
Based on information provided to the City by RPOSD, no further term extension will be granted unless the City submits documentation demonstrating that the project has received full funding by September 1, 2027.
This creates a significant and time-sensitive funding deadline.
If the City is unable to demonstrate full funding by the applicable deadline, the City risks the $680,000 Measure A funding lapsing.
State Parks Per Capita – $192,680
Amendment No. 1 was executed in January 2024, extending the grant term through June 30, 2028.
State Budget Allocation – $3,500,000
Amendment No. 1 was executed in January 2026, extending the grant term through June 30, 2030.
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The differing grant deadlines are important because, although several of the project's funding sources remain available for multiple years, the Measure A funding has a significantly more immediate deadline.
ADDITIONAL FUNDING OPPORTUNITIES
Staff will continue to pursue external funding opportunities that may contribute toward closing the project's funding gap.
Potential funding sources currently being evaluated or pursued include:
1. Measure A Annual Allocation
2. ICARP Extreme Heat & Community Resilience Grant
3. Rivers and Mountains Conservancy/AQMD Green Space Program
4. Other federal, state, county, regional, and private grant opportunities for which the project may be eligible
Staff will evaluate each opportunity based on eligibility, funding availability, timing, matching requirements, restrictions, and the extent to which the funding can be applied toward the remaining project cost.
Given the size of the current funding gap, it is anticipated that closing the gap may require multiple funding sources rather than a single grant award.
CAPITAL PROJECT FUNDING CONTEXT
The funding challenge associated with Clara Expansion Park is not an isolated circumstance.
The City currently has multiple capital projects for which identified funding sources do not fully cover the anticipated cost of completing the project. For example, Cudahy Park is currently under construction and has a remaining funding requirement.
This creates a broader consideration for the City's capital project portfolio. The City is currently managing projects with varying levels of funding, project readiness, grant requirements, funding deadlines, and remaining financial obligations.
Some projects have been supported through combinations of grant funding, state allocations, and other identified funding sources, while the total anticipated cost of certain projects exceeds the amount of funding currently secured.
As a result, the City must consider not only the status of individual projects, but also the City's overall capacity to fund and complete its existing capital commitments.
This is particularly important as the City considers new capital projects, pursues additional grant opportunities, and evaluates potential uses of limited discretionary resources.
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The purpose of bringing this information forward is not to delay or discontinue the Clara Expansion Park project. Rather, it is to provide the City Council with a transparent understanding of the project's current financial position and the broader funding requirements associated with the City's capital project portfolio.
CAPITAL PROJECT FUNDING AND PRIORITIZATION
The City's ability to advance capital projects depends not only on securing grant funding, but also on the City's ability to provide funding when grants require a local contribution, when grant funding does not cover the full project cost, or when project costs exceed the amount originally anticipated.
As the City considers future capital investments and funding opportunities, staff recommends that projects be evaluated within the context of the City's overall capital project portfolio and available funding capacity.
Factors that may be considered include:
Existing Commitments
Projects that have already received grant awards, appropriations, contractual commitments, or other financial commitments should be considered in the context of the City's existing obligations.
Funding Deadlines
Projects with expiring grant funding may require more immediate action to prevent previously secured funds from lapsing.
Remaining Funding Requirements
The City should have a clear understanding of the total remaining funding required to complete each project rather than evaluating only the amount of grant funding currently available.
Project Readiness
Projects that have completed design, permitting, or other pre-construction requirements may have different funding considerations than projects that remain conceptual or are in the early planning stages.
External Funding Leverage
Projects for which City funding can leverage substantially greater outside investment may be considered as part of the overall funding analysis.
Long-Term Operating Costs
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Capital improvements may create ongoing costs associated with maintenance, utilities, staffing, programming, or replacement of equipment. These costs should be considered in addition to the initial construction cost.
Overall Fiscal Capacity
Potential capital investments should be evaluated against the City's broader financial condition and competing needs for available resources.
FUTURE CIP FUNDING UPDATES
The Clara Expansion Park Rehabilitation Project is being brought forward as part of a broader effort to provide the City Council with greater transparency regarding the City's capital project funding commitments.
Staff will provide additional updates to the City Council on other active and planned Capital Improvement Program projects and their respective funding positions.
These updates will identify, as applicable:
• Total estimated project cost
• Funding currently secured
• Funding that has been awarded but not yet received
• Anticipated or potential funding sources
• Remaining funding gap
• Grant expiration or funding deadlines
• Current project phase and readiness
• Existing contractual or financial commitments
• Potential future City funding requirements
• Other fiscal or project considerations
The purpose of these updates will be to provide the City Council with a comprehensive understanding of the City's existing capital project commitments and the resources necessary to complete them.
Providing this information in a consistent format will allow the City Council to evaluate individual projects within the context of the City's broader capital project portfolio and available funding capacity.
Staff will return with these updates on a phased basis so that the City Council can review the City's CIP portfolio and associated funding requirements in a manageable and consistent manner.
IMPORTANCE OF EARLY FUNDING IDENTIFICATION
The current situation also demonstrates the importance of identifying the complete funding strategy for major capital projects as early as possible.
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A project may have a secured grant award and be substantially advanced in design while still requiring significant additional funding to reach construction.
For Clara Expansion Park, the City has approximately $4.37 million in secured funding, while the project has an estimated $4.83 million remaining funding requirement.
This distinction is important when evaluating the City's capital commitments.
Securing an initial grant award does not necessarily mean that a project is fully funded.
The City must also consider the total project cost, potential cost escalation, required local contributions, future operating obligations, and the availability and timing of additional funding.
Going forward, major capital projects should be evaluated with consideration of the full project funding plan, including:
• Total anticipated project cost
• Secured funding
• Unsecured or anticipated funding
• Remaining funding gap
• Grant expiration dates
• Local match requirements
• Construction and project-management costs
• Potential cost escalation
• Long-term operating and maintenance impacts
• A realistic strategy for closing any remaining funding gap
FISCAL CONSIDERATIONS
There is currently no identified funding source sufficient to close the approximately $4.83 million funding gap for the Clara Expansion Park Rehabilitation Project.
The City should therefore not assume that the existing funding sources are sufficient to complete the project.
While staff will continue to pursue external funding opportunities, the size of the remaining gap means that successful completion of the project may ultimately require a combination of external grants and City funding.
Any proposed use of City funds to close the funding gap would need to be evaluated against the City's overall financial condition, available fund balances, restricted funding, competing capital needs, ongoing operating requirements, and other Council priorities.
Staff will return to the City Council as viable funding opportunities or potential funding strategies are identified.
NEXT STEPS
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Staff will:
1. Continue pursuing Measure A Annual Allocation and other applicable grant opportunities
2. Monitor ICARP, Rivers and Mountains Conservancy/AQMD, and other federal, state, county, regional, and private funding opportunities
3. Continue coordination with RPOSD and other grant agencies to maintain compliance with existing grant requirements
4. Continue the permitting process and maintain the project at its current level of readiness while funding opportunities are evaluated
5. Monitor project costs and update the estimated funding gap as more detailed information becomes available
6. Incorporate the Clara Expansion Park funding requirement into the City's broader capital project funding and prioritization discussion
7. Provide the City Council with additional status updates on other active and planned CIP projects, including their respective project costs, secured and anticipated funding sources, remaining funding gaps, grant deadlines, and other funding considerations.
CONCLUSION
The Clara Expansion Park Rehabilitation Project represents a significant investment in the City's park infrastructure and recreational amenities. The project has reached 100% design completion and is progressing through the permitting process.
The project currently has approximately $4.37 million in secured funding against an estimated total project cost of $9.2 million, leaving an estimated funding gap of approximately $4.83 million.
The project also has a significant near-term funding consideration. The City's $680,000 Measure A Competitive Grant has been extended through September 30, 2027, and the City has been advised that no further extension will be granted unless the City demonstrates that the project is fully funded by the applicable September 2027 deadline.
The Clara Expansion Park funding gap also illustrates a broader issue within the City's capital project portfolio. The City currently has multiple capital projects with funding requirements that exceed currently secured funding, including the Cudahy Park project that is currently under construction.
Providing the City Council with this information allows the Council to have a clear understanding of the City's existing capital funding commitments, remaining funding requirements, and time-sensitive grant obligations.
Staff will also provide the City Council with additional updates regarding other active and planned CIP projects and their respective funding positions. These updates will provide a more comprehensive picture of the City's capital project portfolio, including projects that are fully funded, partially funded, under construction, in design, or
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otherwise require additional funding to proceed or be completed.
This approach will allow the City to remain transparent about its existing commitments while ensuring that future capital funding decisions are made with an understanding of the City's overall project portfolio, available resources, funding obligations, and longterm financial capacity. portfolio, available resources, funding obligations, and long-term financial capacity.
FINANCIAL IMPACT
There is no fiscal impact associated with this report.
ATTACHMENTS
A. Measure A Competitive Grant Agreement and Amendments B. Per Capita Grant Agreement and Amendments
C. Specified Grant Agreement and Amendment
D. Agreement between the City of Cudahy and the Los Angeles Neighborhood Land Trust
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Grant Number: 10122
Project Title: Clara Expansion Park Renovation
Grant Award Amount: $680,000.00
Project Summary: Renovate an existing park based on community feedback as follows: the grant will support the renovation of key park amenities including installing a new playground, new multi-purpose field, new picnic areas, basketball courts, new drought tolerant planting, new looped walking path and stormwater capture planters. The existing restroom will be renovated and park lighting will be repaired and wayfinding signage added.
PARTIES TO AGREEMENT
Grantor ______
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Grantee_____________________________
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Alhambra, CA 91803
RECITALS
The Grantee listed above (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”) do hereby enter into this Grant Agreement (“Agreement”), and under the terms and conditions of this Agreement, Grantee agrees to complete the project as described in the Project Summary and RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A, agrees to fund the project up to the grant award amount indicated.
SPECIAL PROVISIONS:
Attachment A Page 370 of 557
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
INTERPRETATION
In construing terms of this Agreement, the following rules shall apply:
Unless otherwise expressly noted, references in this base Agreement to paragraphs and subparagraphs are to paragraphs and subparagraphs of this Agreement.
Singular nouns and phrases incorporating them (e.g., referring to objects, persons, events or otherwise) shall be construed to also include the plural except where reference to a single item is implied or necessary pursuant to the context of the word or phrase in question. Plural nouns and phrases incorporating them shall be construed to also include the singular except where reference to multiple items is implied or necessary pursuant to the context of the word or phrase in question.
Reference in this Agreement to Federal, State, and/or other governmental statutes, codes, rules, regulations, ordinance, guidelines, directives and/or policies, including those copies of which are attached to this Agreement, shall mean and shall be to such statutes, codes, rules, regulations, ordinances, guidelines, directives and/or polices as amended from time to time.
Unless expressly stated otherwise, all approvals, consents, or determinations by or on behalf of RPOSD under this Agreement, will be in writing, and may be given or withheld in the sole discretion or judgment of the person or entity authorized to provide or make such approval, consent, or determination.
WORK
Pursuant to the provisions of this Agreement, the Grantee shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein.
If the Grantee provides any tasks, deliverables, goods, services, or other work, other than as specified in this agreement, the same shall be deemed to be a gratuitous effort on the part of the Grantee, and the Grantee shall have no claim whatsoever against RPOSD.
GOOD STANDING POLICY
Good Standing describes a Grantee who is in compliance with all requirements stated in the Grant Agreement, guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees to receive any grant funds and processing from RPOSD.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
DEED RESTRICTION
To the maximum extent feasible, the Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A and the Grant Agreement, in perpetuity.
COMMUNITY ENGAGEMENT
The Grantee must conduct community outreach and engagement that meets the minimum requirements, as defined in the Grant Administration Manual with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects and to facilitate a transparent process by which agencies report use of Measure A funds.
BONDING POLICY
Bond funded projects must be completed within three (3) years from time the bond proceeds are made available to the local jurisdiction by Los Angeles County. The time to complete projects may be changed to reflect changes in federal law, regulations, and the interpretations of bond counsel and the Los Angeles County agencies involved in the issuance of bonds. The application materials submitted by jurisdictions intending to use bond funds to finance eligible projects shall demonstrate the ability to meet this requirement. Failure to complete project within specified time frame will result in loss of the Grantee’s Good Standing.
A. Definitions
1. Grantee: the party described as Grantee of this Contract and any future successor(s).
2. Application: the individual application, and its required attachments, for the grant identified in this Agreement.
3. Board of RPOSD: The County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD.
4. RPOSD: The Los Angeles County Regional Park and Open Space District. Unless otherwise specified herein, the Director of RPOSD, or designee, shall administer this agreement on behalf of the RPOSD.
5. Grant Administration Manual: The document that details the policies and procedures for administering grants awarded by RPOSD. It shall also include any subsequent amendments or changes issued by the RPOSD and as described in this contract.
6. Project Description: A one to three paragraph description of the project to be funded and the resultant administrative work to be completed. The summary includes the following:
a) Identification of the applicant organization and a sentence or two about its credibility
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
to provide park projects; b) a sentence or two explaining the issue, problem or need for the project; c) a brief statement of the expected measurable outcome(s) that the project will produce; d) one or two sentences describing the methods to be utilized to achieve the outcome(s).
7. Project Summary: 2 to 3 sentences summarizing the project. The sentences should be concise and allow for a clear understanding of the proposed project.
8. Project Timeline: The period of time starting on the date of agreement execution and ending on the grant closeout date. Only project costs incurred during the Project Timeline are eligible for reimbursement.
9. Measure A/Measure: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure, which voters approved on November 8, 2016.
B. Conditions
1. The Application and its required attachments, and any subsequent change or addition approved by RPOSD, is hereby incorporated in this Agreement as though set forth in full.
2. The Grant Administration Manual, and any subsequent changes or additions thereto, and Measure A also are hereby incorporated in this Agreement as though set forth in full.
3. As per the information on Page 1 of this contract, RPOSD grants the Grantee a sum of money not to exceed the Grant Amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the Project Description and under the terms and conditions set forth in this Agreement.
4. Grantee agrees to furnish any additional funds necessary to complete the Project.
5. Grantee agrees to budget and appropriate annually, until completion of the Project, an amount equal to the total estimated cost of the Project less the grant amount stated on
6. Any non-recreational use of the Project must be preapproved in writing by RPOSD, and if approved, the Grantee agrees that any gross income earned from such non-recreational uses of a Project shall be used for recreation development, additional acquisition, operation or maintenance at the Project site, unless RPOSD approves otherwise in writing.
7. Grantee agrees that any gross income that accrues to a grant-assisted development Project during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular Project, unless RPOSD approves otherwise in writing.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
C. No Joint Venture
This Agreement is by and between RPOSD and the Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association between RPOSD and the Grantee.
D. Liability and Indemnification
1. The Grantee shall indemnify, defend and hold RPOSD harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee.
2. The Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorney’s fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee.
3. RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.
4. The Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the Grants Administration Manual.
Any contracts entered into, or other obligations or liabilities incurred by the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.
E. Regulatory Requirements
1. (Tax Exempt Bonds) The Grantee will not enter into any contract, agreement, lease or similar arrangement, or to agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that, in RPOSD’s opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating Contracts, leases, concession Contracts, management contracts or similar arrangements with non-governmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such Contracts in existence must be disclosed prior to construction.
2. The Grantee (or their representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq. CEQA
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.
i) The Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the Grant Administration Manual.
3. (Public Records Act) The Grantee and RPOSD will conform to the requirements of Government Code Section 6250, et seq. in making all documents relating to this Contract, the grant obtained and all other related matters available for public review during regular business hours. If the Grant involves acquisition of property, however, both RPOSD and the Grantee may withhold from public review any and all documents exempted under Section 6254, subsection (h), prior to completion of said acquisition.
4. (Public Records Act) In the event that RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement, the Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.
5. (Internal Revenue Code of 1986, as amended) In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, the Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, the Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the Project by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the Project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
6. (County Lobbyist Ordinance) The Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter
2.160. Failure on the part of the Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.
7. If the Project includes acquisition of real property, the Grantee agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
F. Time is of the Essence
1. RPOSD expects the Grantee to remain in Good Standing and make appropriate requests for the amount of time needed to complete the project. Failure to complete a project by the original due date, or by any extended due dates authorized by staff or RPOSD Review Committee, may result in the loss of Good Standing.
2. The Grantee agrees to complete the Project within the Project Timeline. The Project Timeline starts on the date of agreement execution and ends on the grant closeout date as specified in RPOSD’s Grants Management System, or its equivalent, and under the terms and conditions of this Agreement and the Grants Administration Manual. The requirements of Measure A and of this Agreement last in perpetuity and may be enforced by RPOSD at any time.
3. The Grantee agrees to promptly submit any requests for changes to the Project’s information, including but not limited, to Project Title and Project Summary. These changes are considered administrative changes, and subject to RPOSD’s approval.
Submission of documents with Project information inconsistent within this Agreement and RPOSD’s Grants Management System, or its equivalent, will cause delay in the grant process.
4. (Term) The term of this Grant Agreement commences on the date of Agreement Execution as noted on the last page of this agreement, and lasts in perpetuity.
G. Performance and Development
1. The Grantee agrees to promptly submit any reports that RPOSD may request.
2. If the Project includes development, the Grantee shall use sustainable elements, including but not limited to: energy-efficient buildings, long-lasting materials, conserved and restored natural areas, easy-to-maintain or drought tolerant plants and landscaping, organic mulch, fertilizers and compost, storm water capturing, wetlands for increased flood control, recycling bins for park patrons, on-site composting, and ADA access, unless the Grantee can show, to RPOSD’s satisfaction, that it is infeasible to do so.
3. If the Project includes acquisition of real property, the Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. The Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
H. Signage and Branding
The Grantee shall erect and maintain a sign at a prominent location on the project site acknowledging the assistance of RPOSD. The cost of permanent signage development is reimbursable through the grant. RPOSD will provide electronic samples of its graphics for the grantee to use in signage development. Please refer to the Grants Administration Manual for additional information on this requirement.
I. Modification
Any modification or alteration in the Project, plans or specifications must be submitted, in writing, to RPOSD for prior approval. No modification shall be effective until and unless the modification is executed by both the Grantee and RPOSD.
J. Publicity of Project Information
1. The Grantee shall cooperate with RPOSD in advance when preparing electronic media and public information pieces related to the Project.
2. The Grantee shall acknowledge RPOSD funding in all publicity issued by it concerning the Project.
3. The Grantee shall give the RPOSD the right and opportunity to use information gained from the Project.
4. The Grantee shall give a minimum of 30 days’ notice of the Project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor’s Office in which the Project is located, as well as to other appropriate public officials.
5. The Grantee shall provide quality digital photographs of the pre-construction site and completed project to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then the Grantee shall provide quality printed photographs of the completed Project.
K. Disbursements
Prior to incurring actual development and/or acquisition costs, the Grantee will submit all requested development and/or acquisition documents to RPOSD for prior review and approval.
Project costs must be incurred within the Project Timeline to be eligible for reimbursement.
1. The Grantee must submit requests for payment electronically in accordance with their reimbursement schedule. Refer to RPOSD Grant Administration Manual for Payment Reimbursement Schedule and Procedures.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
i) The Grantee will supply RPOSD any copies of executed contracts where the Grantee expects reimbursement from grant funds.
ii) Upon entering into any contract for the construction, maintenance, operation or similar activity related to the Project, the Grantee agrees it will require said contractor to carry adequate insurance required by RPOSD and naming RPOSD as an additional insured party. In addition, said insurance must require that the Grantee and RPOSD be given thirty (30) days advance written notice of any modification or cancellation of said insurance. The Grantee agrees to submit proof of such insurance to RPOSD for its prior approval.
2. RPOSD may disburse to the Grantee the grant funding as follows:
Acquisition
i) When acquisition is by negotiated purchase, RPOSD may disburse the amount of RPOSD-approved purchase price together with RPOSD-approved costs of acquisition. ii) RPOSD-approved purchase price shall not exceed the value contained in a valid appraisal report.
iii) When acquisition is allowed pursuant to Measure A through eminent domain proceedings, RPOSD may disburse the amount of the total award, as provided for in the final order of condemnation, together with RPOSD-approved costs of acquisition.
The Grantee shall bear all costs and make all advances associated with obtaining an order of immediate possession in an eminent domain proceeding. iv) In the event the Grantee abandons such eminent domain proceedings, the Grantee agrees that it shall bear all costs in connection therewith and that no grant monies shall be disbursed for such costs.
Development
i) RPOSD will disburse funds to the Grantee only after RPOSD has reviewed and approved all requested development documents including the payment request with incurred, paid project costs and supporting documentation in accordance with their reimbursement schedule.
ii) RPOSD may withhold a portion of the amount of the payment request if an expenditure is not eligible under the terms and conditions of this Agreement, Measure A, or the Application or the Grant Administration Manual. iii) The Grantee shall submit a request(s) for payment in accordance with an approved budget.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
iv) The payment requests shall set forth in detail the incurred costs of work performed on development of the Project and whether performance was by construction bid contract, job order contract, sole-source contract, force account or other methods. v) RPOSD will not make final payment until it has received all closing documents from the Grantee and RPOSD has made a final Project inspection. vi) The Grantee is required to follow RPOSD procedures to close grant upon completion of the project. Failure to properly close a grant may affect the Grantee's Good Standing and prevent Grantee from applying for future grants or receive reimbursements from existing RPOSD Grants.
L. Advancing Funds
i) The Grantee, if in Good Standing has provided the Grantee’s need for an advance, may request an advance of grant funds for an amount equaling up to 50% of the grant amount. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.
ii) Any unused portion of the advanced funding must be returned to the District within 30 days of the completion of the grant.
M. Final Disbursement
1. The Grantee must submit final project documents within 180 days after the date of completion of all tasks identified in the budget, timeline and project description for the grant.
2. RPOSD may withhold Final Payment pending evidence of placement of permanent signage.
3. Once the Grant is completed, the Grantee shall submit a final report to RPOSD detailing the accomplishment of and expenditures related to the Project (the “Final Report”) including the final Grant Cost. The Grantee will provide a report that identifies all additional funding and all additional aspects of the project completed.
4. The Grant is “complete when all facilities, trails or other improvements included in the Project have been built and are ready for their intended use”. Final payment may not be made until the Project conforms substantially with this Agreement and the Grants Administration Manual.
5. RPOSD shall pay the outstanding balance of the Grant (the “Final Payment”), subject to any reduction contemplated by any provision of this Agreement.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
N. Long Term Obligations
1. With the written consent of RPOSD, the Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, provided that approval by the District is obtained prior to the change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, the Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written Contract with the RPOSD and agreed to comply with the terms of Measure A and this Agreement. (See Grant Administration Manual for details.)
2. The Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except that access may interfere with resource protection.
3. (Change of Use) The Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the purpose for which it requested RPOSD grant funding and will not permit any other use of the area, except as allowed by prior specific act of the Board of RPOSD and consistent with the terms and conditions of Measure A and this Agreement.
4. All facilities shall be open to members of the public generally, except as noted under the special provisions of the Agreement.
5. The Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request in perpetuity.
6. The Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A. With RPOSD’s prior written approval, the Grantee, or its successors in interest in the property, may transfer the responsibility to maintain and operate the property to a nonprofit or government entity, in accordance with this Agreement and the Grants Administration Manual.
7. The Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of the Measure, Grant Administration Manual and or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, the Grantee has no obligation hereunder to initiate litigation
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder’s Office.
8. The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.
O. Disposal
1. If the Grantee receives the prior permission of RPOSD, with the approval of its Board, to sell or otherwise disposes of property acquired or developed with grant monies provided under this Agreement, the Grantee shall reimburse RPOSD in an amount to the greater of:
i) the amount of grant monies provided under this Contract; ii) the fair market value of the real property determined by an independent appraisal; or iii) the proceeds from the portion of the property acquired, developed, improved, rehabilitated or restored with grant monies.
The Grantee must provide documentation to RPOSD detailing the benefits that the disposal of property will provide to the taxpayers of Los Angeles County.
2. If the property is sold or otherwise disposed of with the prior permission of the RPOSD, acting through the Board of Supervisors, is less than the value of the property originally acquired, developed, improved, rehabilitated or restored with the grant monies, then the Grantee shall reimburse the RPOSD an amount to the greater of:
i) the amount of the proceeds; or
ii) the fair market value of the real property determined by an independent appraisal.
P. Audit
1. In order for allowable costs to be substantiated, the Grantee agrees to use an accounting system that complies with generally accepted accounting principles.
2. Notwithstanding Government Code Section 907, in the event that the Grantee fails to repay RPOSD in full for the amount of excepted expenditures, RPOSD may offset an amount equal to the excepted expenditures from any monies that may be due to the Grantee under the terms and conditions of Measure A. Through the execution of this Agreement, the Grantee waives its rights under Government Code Section 907.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
3. The Grantee agrees that during regular office hours, RPOSD or their duly authorized representatives shall have the right to audit, inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.
4. Within thirty (30) days of notification that an audit has resulted in the exception of expenditures, the Grantee may dispute the audit findings in writing and will provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.
5. If the Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure, or the Grant Administration Manual, the Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.
6. The Grantee agrees to maintain satisfactory financial accounts, required documents and accurate records for the Project.
7. The Grantee must keep all original project records for a period of ten (10) years from the project completion or termination date. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Grant Administration Manual, RPOSD may, at its discretion, reduce the grant amount by an amount equal to these expenditures.
8. At RPOSD’s discretion, an audit of the Grantee’s Project expenditures before final payment is made may be performed. Nothing in this section precludes RPOSD from performing an audit of Project expenditures at a later date.
Q. Failure to Comply
1. Failure by the Grantee to comply with the terms of this Agreement, or any other Contract established pursuant to Measure A, may be cause for loss of Good Standing, suspension or termination of all obligations of RPOSD hereunder.
2. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of RPOSD hereunder if, in the judgment of the RPOSD, such failure was beyond the reasonable control of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
R. Severability
1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project.
2. If any provision of this Agreement is held invalid, that portion shall not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable.
3. No provision of this Agreement is waived by the failure of RPOSD to enforce said provision.
S. Termination
1. Anything else in this Agreement or otherwise to the contrary notwithstanding, RPOSD may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:
i) facts have arisen, or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical;
ii) any material modifications in the scope or nature of the Project have occurred from that which was presented in the Grant Application and such material modifications have not received the prior written approval of RPOSD;
iii) any statement or representation made by the Grantee in the Grant Application, this Agreement, the Grant Status Update, back up documents, or otherwise is untrue, inaccurate or incomplete in any material respect;
iv) the results of RPOSD’s review of the Grant Status Update are not acceptable to RPOSD;
v) the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in RPOSD’s judgment, make the Project impracticable;
vi) the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or the Grantee’s matching funding are reduced;
vii) title to or encumbrances against the Property are or become such that the Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
T. Breach
The Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of grant monies furnished under these provisions, the Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the grant would be inadequate compensation. In the event that the Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:
1. Prior to payment of Grant:
a. Withdraw the Grant and terminate this Agreement; and, b. Deny the Grantee eligibility for participation in future grant program opportunities.
2. After payment (partial or full) of Grant:
a. Deny the Grantee eligibility for participation in future grant program opportunities; b. Seek specific performance of the Grantee’s obligations under this Agreement; c. Receive reimbursement in full of disbursement made under this Agreement.
If RPOSD brings an action to enforce the terms of this Agreement, the Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.
The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.
U. Counterparts
This Agreement may be executed in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.
V. Electronic Signature
The Electronic Signatures in Global and National Commerce (ESIGN) Act is a federal law passed in 2000. The Grantee and RPOSD agree that this Grant Agreement may be electronically signed.
The parties agree that the electronic signatures appearing on this agreement are the same as
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
handwritten signatures for the purposes of validity, enforceability, and admissibility. If Grantee elects to opt-out of signing the grant agreement electronically, the Grantee must inform RPOSD prior to grant agreement execution.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
IN WITNESS WHEREOF, the Grantee, RPOSD and County Counsel have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
By: __________________________ Signature of Authorized Representative Name: __________________________ Print Name
Title: __________________________
Date: __________________________
APPROVED AS TO FORM:
DAWYN HARRISON
COUNTY COUNSEL
By: ______________________________
Parjack Ghaderi
Principal Deputy County Counsel
Date: _____________________________
LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:
By: ______________________________ Director / Administrator Date: ______________________________
Grant No.: 10122
Parjack Ghaderi (Oct 19, 2023 10:05 PDT)
Parjack Ghaderi
Oct 19, 2023
Alfonso Noyola (Oct 23, 2023 16:50 PDT) Alfonso Noyola
Alfonso Noyola
City Manager Oct 23, 2023 Christina Angeles (Oct 23, 2023 17:10 PDT) Christina Angeles Oct 23, 2023