CITY of Patterson Street Sweeping Contract- Addendum No.2 (July 1, 2023, to June 30, 2028) CONTRACT SERVICES AGREEMENT ADDENDUM NO. 3
CITY OF PATTERSON AND SWEEPING CORP OF AMERICA, CA, LLC This Agreement is made and entered into this _______ day of ___________. 2023, by and between the CITY OF PATTERSON (CITY) and SWEEPING CORP OF AMERICA, CA, LLC. (CONTRACTOR) regarding STREET SWEEPING SERVICES and made retroactively effective (EFFECTIVE DATE) as of July 1, 2023.
WITNESETH:
CITY desires to retain the services of CONTRACTOR regarding services for "STREET SWEEPING SERVICES."
CONTRACTOR desires to perform the services requested by CITY regarding the STREET SWEEPING SERVICES on the terms and conditions set forth below.
NOW, THEREFORE, the parties agree to the following:
1. Description of Work
CONTRACTOR shall perform City-wide Street Sweeping Services with the same terms and conditions described in the Street Sweeping Contract dated July 1, 2013, Exhibit-A attached hereto and made a part hereof.
2. Compensation
Compensation shall be asfollows for the duration of the five-year contract:
1. Initial Increase: Year-1 includes a 5.3% CPI increase and a 10% contract renewal increase. The proposed contract renewal increase offsets the CONTRACTOR burden of costs of service having no CPI increases in years 3-5 of the prior contract in addition to the most recent inflationary impacts on business.
2. The maximum fees to be charged by the CONTRACTOR set forth in years 1 through 5 for Addendum No. 3 are listed below. Year-1, the CONTRACTOR shall charge no greater than the maximum rate as provided in item 3. In years 2 through 5, the CITY will adjust the maximum fee under this addendum to reflect annual changes in the Consumer Price Index (CPI) for the SF-Bay Area statistical area. Such adjustments shall not exceed five percent (5%) per
ATTACHMENT B
CITY of Patterson Street Sweeping Contract- Addendum No.2 (July 1, 2023, to June 30, 2028) year. The adjustment shall become effective on the anniversary of the Effective Date and be based on the previous twelve-month index analysis.
Years 2-5 of the proposed fees below include a 5% maximum CPI increase.
Should actual CPI in year 2-5 be lower than 5%, the lower CPI increase will be applied.
3. Year-1, increase the current service cost by 5.3% CPI increase and 10% contract renewal increase, effective July 1, 2023, from $181,380.48 per year ($15,115.04 per month) to $210,093.01 per year ($17,507.75 per month).
4. Year-2, increase the service cost by a maximum 5% CPI, effective July 1, 2024, from $210,093.01 per year ($17,507.75 per month) to $220,597.66 per year ($18,383.14 per month).
5. Year-3, increase the service cost by a maximum 5% CPI, effective July 1, 2025, from $220,597.66 per year ($18,383.14 per month) to $231,627.54 per year ($19,302.30 per month).
6. Year-4, increase the service cost by a maximum 5% CPI, effective July 1, 2026, from $231,627.54 per year ($19,302.30 per month) to $243,208.92 per year ($20,267.41 per month).
7. Year-5, increase the service cost by a maximum 5% CPI, effective July 1, 2027, from $243,208.92 per year ($20,267.41 per month) to $255,369.37 per year ($21,280.78 per month).
8. Global Positioning System (GPS) Tracking - Within one year from the effective date of this agreement, the CONTRACTOR shall provide Global Positioning System Tracking in all street sweepers used to perform Patterson’s street sweeping services. A Global Positioning Systems that will enable the CITY of Patterson to view where the street sweepers are at all times via the Internet. The cost of the entire GPS System will be the sole responsibility of the CONTRACTOR and the system must be capable of the following:
a. The system shall be Internet based and the CONTRACTOR shall provide the CITY two (2) accounts to have full access to the site. b. The system shall be capable of gathering and reporting the following real time data; speed, direction, location on a map, address, distance traveled, brooms up or down, water on or off.
c. The sweepers’ path of travel shall be superimposed on a map. d. Generate daily reports of sweep activity including the items listed above.
e. Maintaining the data for a period of 1-year, after which data will be provided to the CITY of Patterson to archive indefinity.
9. Pro Rata Curb Mile Cost of Service – The purpose of defining the pro rata curb mile cost of service is so that New CITY Street can be added to the street sweeping schedule and the cost of service be adjusted proportionally.
CITY of Patterson Street Sweeping Contract- Addendum No.2 (July 1, 2023, to June 30, 2028) a. The Pro Rata Curb Mile Cost of Service is $16.71 per curb mile. b. See Exhibit-B for the way in which the CITY determined the Pro Rata Curb Mile Cost of Service for Year-1 of the agreement.
c. The Pro Rata Curb Mile Cost of Service shall be updated annually according to the effective year cost of service of the agreement and the average monthly curb mile total provided in Exhibit-B.
10. New CITY Streets – New streets may be added by the Director of Public Works or their designee during the term of this agreement. Such streets shall be added to the street sweeping schedule upon receipt of written notice by the CITY. The cost of service will be adjusted by the CITY according to the total curb miles added and multiplied by the Pro Rata Curb Mile Cost of Service according to the effective year cost of service.
11. The CITY will continue to bear responsibility for disposal and costs associated with street sweeper waste. Currently, the responsibility is accounted for in Addendum No. 1 and will continue with Addendum No. 3.
3. Term
Thisfive (5) year Agreement shall become effective on July 1, 2023, and shall expire, unless otherwise terminated or extended, on June 30, 2028.
IN WITNESS WHEREOF the parties execute this Agreement on the day and year first hereinabove written.
CITY OF PATTERSON CONTRACTOR
By: By:
Name: KEN IRWIN Name:
Title: CITY Manager Title:
ATTEST:
ARACELY ALEGRE, CITY Clerk
APPROVED AS TO FORM:
NUBIA GOLDSTEIN, CITY Attorney