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HomeMy WebLinkAbout11 C38461 - M&M Sweeping - Street Sweeping - Amendment No. 1CONTRACT NO. C38461 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: May 13, 2021 PREPARED BY: David Reyes, Streets Supervisor REQUEST: Approve Contract No. C38461, Amendment No. 1 to Contract No. C38461 with M&M Sweeping, Inc., for Citywide Commercial and Residential Street Sweeping in the amount of $153,325.44, and include extra sweeping services up to the amount of $10,000 (Project No. 754-22). ___________________________________________________________________________ Recommendation By Minute Motion: 1. Approve a one-year extension to Contract No. C38460 with M&M Sweeping, Inc., for Citywide Commercial and Residential Street Sweeping in the amount of $153,325.44; 2. Authorize extra sweeping services up to the amount of $10,000; and, 3. Authorize the City Manager to execute said amendment, the remaining one- year contract extension, and any change orders associated with this contract based on staff’s recommendations. Funds are available in General Fund Account No. 1104310-4332000, Street Repair and Maintenance. Strategic Plan Objective This is an ongoing streets maintenance function, and as such has no impact on the Strategic Plan. Background The National Pollutant Discharge Elimination System (NPDES) permit regulated by the Federal Clean Air Act of 1970 requires the reduction of pollutants by Source Control Best Management Practices (BMPs), and the reduction of litter accumulation. In addition, the South Coast Air Quality Management District (SCAQMD) requires that sediment be removed from paved public roadways. Street sweeping is considered the most effective method to achieve compliance with the all of these requirements. May 13 , 2021 -Staff Report Contract No . C38461 , Amendment No . 1 to Contract C38460 (Project No . 754-22) Page 2 of 2 Therefore , on June 27 , 2019 , the City Council awarded Contract No . C38460 to M&M Sweeping , Inc ., for a term of two years , with an option for two , one-year extensions in the annual amount of $152 ,275 .50 . On September 12 , 2019 , Change Order No . 1 in the annua l amount of $1,050.04 was approved to add a portion of Gerald Ford Drive . The contract is set to expire on June 30 , 2021 , so M&M Sweeping , Inc ., has agreed to a one - year contract extension , commencing July 1, 2021 , at the current annual amount of $153 ,325.44 per year ($12 ,777 .12 per month). M&M Sweeping has provided sweeping services to the City since 2013 . They are have been very responsive during emergencies and their services have always met City standards. Therefore, staff recommends extending the contract. In addition , during extreme high winds or storms , staff requires immediate sweeping services to address areas of concern impacted by the events. In order to efficiently address these instances , staff requests an additional $10 ,000 be set aside specifically for such occurrences . Fiscal Analysis The alternative to contracting with an outside vendor would be for the City to procure the equipment at the approximate cost of $500 ,000 , and hire three to four employees to perform the required sweeping . Staff finds it to be more cost effective to contract said work . The amount of the contract was included in the proposed budget for FY 2021/22 , so there is no fiscal impact beyond the contract amount. Funds for extra services will only be expended to the extent necessary . LEGAL REVIEW DEPT . REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER N/A .J'mc{y :Firestine 9"""1.,i,( 'J'11 . 'l'11<J<J,U, .J'lnc{y :Firestine Robert W . Harg reaves Andy Firestine Janet M . Moore Andy Firestine City Attorney Assistant City Manager Director of Finance Assistan t City Manag er Cit y Manager, Todd Hileman : L. Toole{ H-LleV\A,CIV\, CITY COUNCIL ~TION CONTRACTOR : ATTACHMENTS : APPROVED DENIED RECEIVED ______ OTHER _____ _ M&M Sweeping , Inc. P .0 . Box 878 MEETING DATE _,.5-J.:i~-.__. ~~~~.a...,.~-=--~.,.,_--.. Thousand Palms , CA 92276-™8S1'llYOi ~,ctioiiifiivi,fjiifuride0-A1@j1ltt1¥e ll'7 NOES: N~h« I Contract No . C38461 , Amend lifiJB ◄ 1 .!1 to Con tract No . C38460 None Payment and Performance Bo DS TAIN: OY\t' Contractor 's Acceptance Lette ERIFIED_B_Y_:_..,Mrn0~5-./$~t$=--------- Original on File with City Clerk's Office CONTRACT NO. C38461 AMENDMENT NO. 1 TO CITYWIDE COMMERCIAL AND RESIDENTIAL STREET SWEEPING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND M&M SWEEPING, INC. Contract No. C38461 Project No. 754-22 1. Parties and Date. This Amendment No. 1 to Citywide Commercial and Residential Street Sweeping is made and entered into as of this 13th day of May, 2021, by and between the City of Palm Desert (“City”) and M&M Sweeping, Inc., a CORPORATION with its principal place of business at P.O. Box 878 in Thousand Palms, California. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and M&M Sweeping, Inc., have entered into an agreement entitled “Citywide Commercial and Residential Street Sweeping” dated June 27, 2019, (“Agreement” or “Contract”) for the purpose of retaining the services of M&M Sweeping, Inc., to provide street sweeping services. 2.2 Amendment. The City and M&M Sweeping, Inc. desire to amend the Agreement to extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of the Agreement. 3. Terms. 3.1 Section 1 and 2 of the Agreement are hereby amended in its entirety to read as follows: 1. TERM The term of this Agreement is extended, and shall include the time period from July 1, 2021, through June 30, 2022, or to such later date as may be agreed in writing between the parties. 2. CITY OBLIGATIONS For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total annual sum of One Hundred Fifty-Three Thousand Three Hundred Twenty-Five and 44/100 dollars ($153,325.44). 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. CONTRACT NO. C38461 Page 2 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] CONTRACT NO. C38461 Page 3 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO CITYWIDE COMMERCIAL AND RESIDENTIAL STREET SWEEPING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND M&M SWEEPING, INC IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS AMENDMENT NO. 1 TO THE CITYWIDE COMMERCIAL AND RESIDENTIAL STREET SWEEPING AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF PALM DESERT Approved By: L. Todd Hileman City Manager Attested By: City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney Reviewed By: ____________________________________ Andy Firestine Assistant City Manager M&M SWEEPING, INC. Signature Name Title CONTRACT NO. C38461 Page 4 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above CONTRACT NO. C38461 Page 5 of 5 Revised 11-2-20 BBK 72500.00001\32445060.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above [This page has intentionally been left blank.] CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed May 13, 2021 has awarded to M&M Sweeping, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Citywide Commercial and Residential Street Sweeping (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated June 27, 2019 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fifty-Three Thousand Three Hundred Twenty-Five and 44/100 Dollars ($153,325.44) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to M&M Sweeping, Inc., (hereinafter referred to as the “Contractor”) an agreement for Citywide Commercial and Residential Street Sweeping (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 27, 2019, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Hundred Fifty-Three Thousand Three Hundred Twenty- Five and 44/100 DOLLARS, ($153,325.44), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. CONTRACT NO. C38461 72500.00001\32375614.1 (Revised 10-29-19) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. [This page has intentionally been left blank.] �- s April 16, 2021 CONSTRUCTION • RESICIENTIA� • COMMERCIA� P.O. Bax 878 Thousand Palms, CA 92276-0878 % Tel (760} 343•3003 1 �C• Fax (76�) 343�1125 Gell (760) 250•4053 or (858) 382•0992 Mr. David Reyes Street Maintenance Supervisor City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca 92260 Re: Contract Extension #C38460 Dear David, M&M Sweeping would like to extend its contract with the City of Palm Desert. All terms, conditions and pricing will remain the same. We appreciate your business and look forward to continuing our relationship.