City Council Agenda Report
March 19, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Christine Roberto, Public Services Manager
Gabriela Garcia, Senior Management Analyst
SUBJECT: SHOPPING CART RETRIEVAL SERVICES AGREEMENT – AMENDMENT NO. 3
Background:
On July 1, 2014, the City and Nationwide Environmental Services (NES), a division of Joe’s Sweeping, Inc., entered into a Shopping Cart Retrieval Agreement for shopping cart retrieval services. Subsequent to the initial Agreement, the City and NES entered into two Amendments related to compensation and term of the Agreement. On October 30, 2023, NES submitted a request to the City seeking an extension to the term of their Agreement along with a Consumer Price Index (CPI) adjustment to be added to the fees annually.
The City has been pleased with the quality of service being provided by NES and wishes to extend the term of the Agreement to June 30, 2029 and retain the fees at $3.22 per cart with an annual CPI adjustment. Additionally, if the City continues to be satisfied with NES’ services, the Agreement may be extended by the City Manager for another five (5) years after this new extension.
Additional language was included by the City Attorney to Amendment No. 3 which clarifies restrictions on transfers of the services to third parties and Force Majeure. In all other respects, the original Agreement remains the same. NES has agreed to all terms contained in Amendment No. 3.
Fiscal Impact:
There is no impact to the current fiscal year as the current rate remains the same. There will be a CPI adjustment of 4% or be aligned with the April CPI index, whichever is greater next fiscal year.
City Council March 19, 2024
NES Amendment No. 3 Page No. 2
8 1
5 Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING AMENDMENT NO. 3 TO THE
SHOPPING CART RETRIEVAL AGREEMENT BETWEEN THE CITY OF NORWALK AND NATIONWIDE ENVIRONMENTAL SERVICES, A DIVISION OF JOE’S SWEEPING INC.; and authorize the City Manager to execute Amendment No. 3 and any amendments, provided there is funding in the budget and it is within the City Manager’s signing authority on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Resolution No. 24-15
2. Amendment No. 3 for Shopping Cart Retrieval Services Agreement
3. Letter dated October 30, 2023 from NES