1997 Sunline Services Group - MOU Street Sweeping Demo ProjectMEMORANDUM OF UNDERSTANDING
DEMONSTRATION PROJECT
This agreement between SUNLINE SERVICES GROUP (SSG), a Joint Powers Authority, and
the CITY OF LA QUINTA, a municipality ("git , and is made and entered into on this
day of`�cQ�*-�C�
RECITALS
SSG has been assigned the task of implementing a regional PM-10 street sweeping program
for the Coachella Valley; and
SSG has street sweeping vehicles and intends to sweep designated streets in the City and
surrounding areas; and
The City has agreed to provide access to designated streets in the City; and
SSG and the City desire to establish the terms and conditions which are applicable to this
Memorandum of Understanding.
The parties agree as follows:
1.1 Use of Property.
City agrees to allow SSG to operate street sweepers on designated streets.
SSG agrees to sweep designated streets in the City at a rate of $10.10 per
actual curb mile swept. This is a demonstration project for a period of only 90
days.
City agrees that a "Sweep able Condition" is defined as: Debris which can be
cleaned without requiring more than three (3) passes by a regenerative sweeper
at normal operating speeds (more specifically described below) and when the
depth of sand or debris at the curb face is less than three (3) inches and of a
concentrated width from the curb face toward the pavement. centerline of less
than four (4) feet.
See Exhibit A:
Exclusions: Washington, Miles, Avenues 47, 48, 50, 52, 54, Eisenhower,
Calle Tampico and Adams. These streets are accomplished as a part of SSG
Regional Street Sweeping and are not affected by this demonstration project.
1.2 Equipment.
SSG shall use and furnish, at its own expense, all labor, equipment and
materials necessary for the satisfactory performance of the work set forth
herein. SSG shall use CNG powered street sweeping equipment to clean the
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streets of the City of paper, dirt, sand, rocks, and debris. SSG agrees that the
machinery and equipment used in the course of this Agreement shall be
modem, clean and maintained in proper working condition at all times. SSG
agrees to insure that all operators shall have the necessary license to operate
the equipment on public streets.
1.3 Disposal of Refuse.
1.3.1 Refuse Disposal.
SSG shall be responsible for the removal and disposal of all sweeper
debris/materials in a matter commensurate with environmental and
waste disposal regulations. This service shall be included as part of the
curb mile cost and no additional compensation will be allowed. Refuse
shall be completely disposed of by Friday of each week. Stockpiling for
more than one week will not be accepted.
1.3.2 Transfer Points.
If SSG requires a designated area for material transfer, SSG must
coordinate the location(s) with the City.
1.3.3 Transfer Point Cleanup.
SSG will be responsible for maintaining the area surrounding the points
in a clean and safe manner.
1.4 Use of Hydrants.
SSG shall make arrangements for the use of fire hydrants with respective water
providers and pay for all water.used
1.5 Street Sweeping Schedule.
The street sweeping schedule will be assigned by the City and SSG. The City
will shall notify SSG of any change in the street sweeping schedule in writing
no less than 48 hours prior to the desired schedule change date.
1.5.1 Sweep Cycles
Sweeping shall be conducted by cycle. Each cycle shall begin on
Monday and be completed on Friday of each week.
1.5.2 Incomplete Schedules
Incompleted daily scheduled routes shall not be completed at a later
date. SSG will submit via facsimile, a notice of route incompletion
listing the names of all unswept streets no later than 5:00 p.m. on each
day a route is not completed per schedule. Completed routes shall not
require notification to the City. SSG shall not receive compensation for
curb miles not serviced per schedule. Three consecutive failures to
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complete scheduled daily route shall result in termination of this
agreement.
1.6 Safe Operating Speed.
No SSG street sweeping vehicle shall exceed the speed of five (5) miles per
hour during street sweeping operations.
1.7 Hours of Operation.
Street sweeping shall be performed between the hours of 6:00 a.m. and 5:00
p.m. Monday through Friday with no exceptions.
1.7.1 Holidays
Scheduled routes falling on a legal holiday shall not be completed at a
later date.
1.8 Traffic Counter Hoses and Planned Street Obstructions.
1.8.1 Notice.
The City agrees to notify SSG of its intention to place traffic counter
hoses or " other obstructions on designated street sweeping routes.
Written notice must be delivered personally or via telecopier to SSG no
less than 48 hours prior to the commencement of placing said traffic
counter houses or street/gutter obstructions. Notice to SSG will be by
fax to (760) 345-3845. The notice shall specifically list the exact
street/gutter location of the obstruction or traffic counter hoses and will
also specify how long the obstruction will exist. SSG will exercise
caution with regard to traffic counter hoses or any other City facilities
placed in the street or gutter.
1.8.2 Damage to City Property.
If SSG has received the City's 48-hour prior written notice of the exact
location and duration of placement of traffic counter hoses or other such
obstruction and if damage is caused by SSG, SSG agrees to reimburse
the City for the actual cost of damage to traffic counter hoses caused
by its sweepers.
1.9 Standard of Performance.
SSG agrees that the standard of performance under which it is obligated to
perform are the standards which are considered to be good street sweeping
practices. Said standard shall be subject to the approval of the City
Maintenance Manager. SSG shall take corrective action for any complaint
received from the City within 24 hours after being notified of complaint.
Further, SSG shall notify the City by telephoning the Maintenance Manager
within 24 hours after being notified of a complaint, and will detail the corrective
action taken in response to the complaint.
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City has designated the following locations as official transfer site(s) to be used by
SSG street sweeping vehicles during their routine street sweeping:
1. City of La Quinta - Corporate Yard
This agreement shall become effective on the date and year first hereinabove
appearing and shall continue for a period of 90 consecutive days.
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The street sweeper trucks supplied by SSG shall remain the property of SSG during the
term of this agreement.
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During the term of this Agreement, SSG will take all necessary precautions to prevent
damage to any City property used for material transfer. SSG will reimburse City for
any damage caused by SSG personnel- this does not include normal wear and tear
damage.
SSG, will track all labor, maintenance, parts, water, fuel, and disposal costs, as well
as any other costs you request. SSG will perform the sweeping, data collection and
analysis (as defined by the city) for the areas of the city not currently under the
Regional Program. SSG will make all of its records pertaining to this contract available
for the City's audit. SSG will coordinate with the City's Maintenance Manager
regarding operation and maintenance of the street sweeping equipment.
7. TERMINATION
Either party may terminate this Agreement with or without fault upon giving thirty (30)
days advance written notice to the other party. Upon termination by SSG or City, SSG
shall discontinue utilizing material transfer facilities.
All communications regarding this Agreement pursuant to the provisions set forth
above and any other communications required during administration of this Agreement
shall be given in the following manner:
To SSG: William Clapper
Executive Director, SSG Services Group
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
(760) 343-3456
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To City: Danny Johnson
Maintenance Manager
P.O. Box 1504
La Quinta, CA 92253
(760) 777-7052
Any party who desires to change its address for notice may do so by giving notice as
set forth herein.
Nothing in this Agreement shall be construed to create the legal relationship of joint
venture, partnership, or any other relationship between SSG and City.
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Waiver of any breach or default hereunder shall not constitute a continuing waiver or
a waiver of any subsequent breach either of the same or another provision of this
Agreement.
No waiver, alteration, modification, or termination of this Agreement shall be valid
unless made in writing and signed by the authorized parties.
All services rendered hereunder shall be provided in accordance with all ordinances,
resolutions, statutes, rules, regulations, and laws of the City and any Federal, State or
local governmental agency of competent jurisdiction.
SSG shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the Services that it is responsible to
provide as required by this Agreement.
SSG shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City or Agency. In
addition, neither this Agreement nor any interest herein shall be assigned or
transferred, voluntary or by operation of law, without the prior written approval of the
City and Agency.
SSG will maintain in place certificates of liability insurance as provided by Coachella
Valley Joint Powers Insurance Authority (or such other insurance as approved by City)
for its Services at least $1,000,000 per occurrence. SSG agrees to provide ten 0 0)
days written notice to Agency prior to cancellation of any insurance policy above.
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SSG agrees to indemnify, hold harmless, release and defend (even if the allegations are
false, fraudulent or groundless), to the maximum extent permitted by law, the City, its
City Council and each member thereof, and its officers, employees, commission
members and representatives, from any and all liability, loss, suits, claims, damages,
costs, judgements and expenses (including attorney's fees and costs of Litigation)
which in whole or in part are claimed to result from or to arise out of the usage or
operation, including the malfunctioning of, or, any injury caused by, any service
provided herein; or any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees, representatives, subcontractors,
or agents in connection with the performance of this Contract. This agreement to
indemnify includes, but is not limited to, personal injury (including death at any time)
and damage to property (including, but without limitation, contract or tort or patent,
copyright, trade secret or trademark infringement) sustained by any person or persons
(including, but not limited to, companies, or corporations, Contractor and its employees
or agents, and members of the general public).
Except as otherwise required, SSG shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications. This insurance shall be kept in full force and
effect by SSG during this entire contract and all premiums thereon shall be promptly
paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional
insured. SSG shall furnish evidence of having in effect, and shall maintain, Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise
show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of
coverage throughout the duration of this Contract shall constitute a material breach of
this Contract.
YVAIVER
No delay or omission in the exercise of any right or remedy of a non defaulting party
on any default shall impair such right or remedy or be construed as a waiver. City's
or Agency's consent or approval of any act by SSG requiring City's or Agency's
consent or approval shall not be deemed to waiver or render unnecessary City's or
Agency's consent to or approval of any subsequent act of SSG. Any waiver of any
default must be in writing and shall not be a waiver of any other default concerning the
same or any other provision of this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
ATTORNEY'S FEES
If any party commences an action against another party arising out of or in connection
with this Agreement, the prevailing party shall be entitled to recover reasonable
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attorney's fees and costs of suit from the losing party.
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No officer or employee of the City shall be personally liable to SSG in the event of any
default or breach by the City or for any amount which may become due to SSG, or for
breach of any obligation of the terms of this Agreement.
This Agreement may be amended at any time by the consent of the parties by an
instrument in writing signed by all parties.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not effect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and
shall be interpreted to carry out the intent of the parties hereunder.
ROMEWNTA
The parties have each carefully reviewed this Agreement and have agreed to each term
of this Agreement. No ambiguity shall be presumed to be construed against either
party.
14. INTEGRATION
This Agreement embodies the entire agreement of the parties in relation to the scope
of service herein described and no other understanding whether verbal, written or
otherwise exists between the parties.
The persons signing this Agreement warrant and represent that they have the actual
and apparent authority to bind the respective parties hereto to the terms and conditions
of this Agreement.
In accepting this contract, SSG certifies that in the conduct of its business it does not
deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Section 12900, et seq.) SSG agrees that
a finding by the State Fair Employment Practices Commission that SSG has engaged
during the term of this Contract in any unlawful employment practice shall be deemed
a breach of this Contract and SSG shall pay to City $500.00 liquidated damages for
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each such breach committed under this contract.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date and year
first appearing above.
CITY OF LA QUINTA
By: By
Thomas P. Genovese
City Manager
SUNLINE SERVICES GROUP
D
William Clapper
Executive Director
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