CONTRACT 6531 One Page Service AgreementAgreement No. 6531
Services Agreement
CONTRACTOR: United Site Services of California, Inc. DATE MAILED: 10/11/2022
Below you will find 'a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or
88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Comprehensive General Uabili!y including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
❑ $1,000,000 per occurrence.
® $100,0010 - 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Corn ensatin Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
El Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
Permits: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services
Department if appropriate. Call the -Building Manager @ (310) 524-2345 if you have questions,
Copy of valid picture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERMURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Submitted b coma fete Mi` blanks): COLOR COIDY IRE UIR[;;D (BACK "ro I HE; CITY
Company Name
By (Print name & title):
United Site Services of California, Inc.
Angela „Lemi„ . *gin' i/ Liir°.
Company Street Address:
Vendor's Authors d i at re j ' d °
4511 North Rowland Ave,
/� '
City, State, Zip:
Date signed:' 0 C__
El Monte, CA 91731
a Now
Phone:
FAX:
310 877-0302
Vendor's Email address:
r .j n sit ices.con,
Mail origii._. _,. __..._... _.._ ..._.. _..__ ._. _.., _. _. - City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813
Originator/Department Contact: . e1 Cumminag Date initiated; 7 ZZ
Department Head Approval: Date Approved;,
Finance A p roar, r) A �xov �. �
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United Site Services 10/11/2022
Agreement No. 6531
BIANK PAGE.
United Site Services 10/11/2022
To �An� ' mwAli.�r"xn �.marrn�. � : •• %n proporti. al • tent
and uea o�,aA at..asr��u nuuaa•�mr• 9:�.:A�n � sett except �.sa �yaa
�.o •auklch any claim, � ns, expense or lame Is caused by the negligence or • :II.1ful
negligence, ,.•.�.... Misconduct act of B®k.ler, or anyGue for whom Seller is legally t^$ �1an,.. -
1.GENERALLY. The materials, supplies, or ser0CLIs Ilectivelyu
"Purchase") covered by this services agreement and purchase
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
by law. Risk o 0*0
7.TITLE. - to materials and supplie under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
&PAYMENT. City will pay Selldr'agferr receiving W&pffa invoices for
materials and supplies delivered and accepted or services r ndered and
d City will not pay cartage, shipping, packagin or boxing
expenses eolfied in this order. Drafts will not be ho red.
9.INDEMNIFICATI eller agrees to indemnify and hold! City
harmless from and against any claim, action, damages, costs Including,
without limitation, attorney's fees), injuries, or liability, arising ut; of the
Purchase or the order, or their performance. Should City be med in
any suit, or should any claim be brought against it by suit or of erwlse,
whether the same be groundless or not, arising out of the Purc ase or
order, or their performance, Seller will defend City (at City's requ st and
with counsel satisfactory to City) and indemnify City for any jud meat
rendered against it or any sums paid out in settlement or othe*s For
purposes of this section "City" includes City's officers, elected offi ials„
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order, he
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, e
not intended to and will not in any manner limit or qualify the Iiabiliti s
and obligations otherwise assumed by Seller pursuant to this orde ,
including, without limitation, to the provisions concerning indemnifpcatio
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract
for similar service to be performed for other employers while under
contract with City. Seller is not an agent or employee of City and is not
entitled to participate in any pension plan, insurance, bonus or similar
benefits City provides for its employees. Any provision in this order that
may appear to give City the right to direct Seller as to the details of doing
the work or to exercise a measure of control over the work means that
Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising from Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County.
United Site Services of California, Inc.
10/11/22
United Site Services of California, Inc. 10/11/22
Agreement No. 6531
City of El Segundo
401 Sheldon Street
El Segundo CA 90245
United Site Services of California, Inc. agrees to provide portable restrooms for The City of El Segundo"s Halloween
Frolic 20,22.
City agrees to pay United Site Services of Calibmia, Inc. the amount of
o One thousand two hundred seventeen dollars and- seventy cerits ($1,217.71;
o Quote#414-2403,616 (r-babit A)
United Site Services of California, Inc. 10111122
United Site Services of California, -Inc.
4511 North Rowland Avenue
El Monte, CA 91731
Quote No.: 414-2403616
Sell To: City Of El Segundo
RACHEL CUMMINGS
401 Sheldon St
EL SEGUNDO, CA 90245
Cust. #: USS-1601479
Phone: 310-524-2363
NXIMID1 C
(,Un'iwted"
SITE SE ICES�M "
aide service �otaior
Quote Date: 10/10/22
Agreemen No. d Jasso
Mobile:
Office: +1 760-705-9728 x59728
Fax:
Fred.Jasso@unitedsiteservices.com
Quote Expires: 11/09/22
Ship To: City Of El Segundo
HALLOWEEN FROLIC-2022
HOLLY AVE & MAIN ST.
EL SEGUNDO, CA 90245
Terms: Due Upon Receipt
W.............�
Unit
_ _.......
Quantity
. _ ti_
� .......
From
Thru
Unit Price
. �....
Total Price
Deluxe Restroom
EA
4
10/28/22
10/31/22
45.00
180.00 onetime
Deluxe Restroom Service
EA
4
10/28/22
10/31/22
40.00
160.00 one time
Hand Sanitizer Refill
EA
4
10/28/22
10/31/22
35.00
140.00 onetime
Toilet Seat Cover
EA
4
10/28/22
10/31/22
10.00
40.00 one time
Delivery, Setup, Removal
EA
4
10/28/22
10/31/22
25.00
100.00 onetime
Deluxe Restroom Subtotal: . .. ... . . . . ... .
. .. . ..
. . . . .
. . . . . ..
„ .... . . .
620.00
ADA Wheelchair Accessible
EA
1
10/28/22
10/31/22
95.00
95.00 one time
ADA Wheelchair Accessible Svc
EA
1
10/28/22
10/31/22
40.00
40.00 one time
Hand Sanitizer Refill
EA
1
10/28/22
10/31/22
35.00
35.00 one time
Toilet Seat Cover
EA
1
10/28/22
10/31/22
10.00
10.00 one time
Delivery, Setup, Removal
EA
1
10/28/22
10/31/22
25.00
25.00 onetime
ADA Wheelchair Accessible Subtotal:. . . . .. „ ,
,,
, .. , ..
... .
205.00
2 Station Sink
EA
3
10/28/22
10/31/22
45.00
135.00 one time
2 Station Sink Service
EA
3
10/28/22
10/31/22
40.00
120.00 one time
Delivery, Setup, Removal
EA
3
10/28/22
10/31/22
25.00
75.00 one time
2 Station Sink Subtotal: . . . . . . . .. ....
.. . .
. „ .....
. . . . . ,
.. . .. ...
, .....
330.00
Subtotal: 1,155.00
Accepted. ... _........... ......._ Date: ...................... ................ Tax: 62.70
Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475 Total: 1,217.70
VOTE: Total prices have been calculated for 1 billing period only Damage Waiver is optional. Please read the
terms and conditions on the last page of this document for more information.
TERMS AND C
1. Acceptance Customer shall be deemed to have accepted these terms and
conditions upon the earliest to occur of: (i) two business days after receipt of an
invoice from Company; (ii) delivery of items of equ , ent ("Equipment") identified in
the invoice to the site designated in the invoice (the 'Site') and use or acceptance
thereof, or (iii) acknowledgment or other conduct of Customer indic t g acceptance,
These terms and conditions shall supersede any inconsistent terms of any purchase
order or other documents of Customer.
2. Payment Terms All agreements are subject to approval by Company. Customer
shall pay all charges by Company during the term (the"Period') shown in the invoice.
All Company Invoices are due and payable upon Customer's receipt of the
Invoice. Customer shall be liable to Company for interest at the rate of 1.5% per
month, or such lesser rate as may be the maximum lawful rate from time to time,
on all overdue accounts. Customer shall pay all additional charges for services
separately requested by Customer or made necessary by Customer's breach of
these Terms and Conditions, includ#V but not Grnfedto, moving/relocation charges,
special service charges, and special delivery and removal charges. In the event
Customer's account becomes dekxpent, Customer agrees to pay Company all
collection expenses, including reasonable attorneys fees..
3. Service The Company offers servicing as an option on all portable rest -
rooms
4. Damage Waiver The Company offers a damage waiver program on certain
Equipment. Customer may decline the damage waiver by completing and
executing the appropriate section at the end of these terms and conditions.
Unless Customer has declined the Damage Waiver in writing before the com-
mencement of the Period or within five business days of the date of the first Invoice
to Customer for any Equipment identified with a Damage Waiver on the invoice,
whichever is later. Company shall impose, and Customer shall pay, any Damage
Waiver fees indicated on the invoice and (provided Customer has not breached any
of these terms and conditions) Custom, er shall have no responsibility for accidental
structural damage to the Equipment, EXCEPT (i) Customer stall be liable for theft
of any Equipment and for any losses resulting from any willful or grossly negligent
acts or omissions of Customer or any of its agents, servants and employees, and
(ii) if Customer has other insurance covering such loss or damage, Customer shall
exercise all rights available to it under such insurance, take all actions necessary to
process such claim and assign such claim and pay any and all proceeds from such
insurance to Company. if Customer dechnesthe Damage Waiver, Customer shall be
liable for any loss or damage to the Equipment, regardless of cause or fault except
for reasonable wear and tear, and Customer shall pay Company the actual cost
of repair or replacement cost thereof, and in addition thereto, for Company's loss
of use of the Equipment. In the event of any loss of or damage to the Equipment,
Customer shall promptly notify Company of such less or damage and shall provide
Company with copies of ail reports relitwting to such loss or damage, including police
reports, informal investigation reports and insurance reports. The damage waiver
described in this section does not apply to porloble W t % and con0li tens
which become a ortlamfnattO with hazardous materials or contaminants de-
scribed in Paragraph 7 while in the Customer's centrel and possession.
6. Equipment Location Customer warrants and represents that it has exercised
due diligence and care in the selection of the location it has designated for the
placing of portable toilets, ternary fencing, portable storage containers and any
other Equipment provided by Company, and further agrees to give directions and
supervise the placement of such temporary fencing, storage containers,,portatlte
toilets and other Equipment,
S. Equipment Responsibility Company will deliver the Equipment to the Site
at the commencement of the Period and will remove the Equipment at the end
of the Period, If servicing has been ordered by Customer, Company will remove
any domestic septic waste ("DSW) from portable resirooms, if applicable, on the
service day(s) scheduled by Company In the event Company is unable to service
the Equipment on the service day due to a holiday, inclement weather, or other
interfering circumstances, Company shall service the Equipment on the earliest
business day, excluding Sundays, available in accordance with Company's other
service commitments Company shall be granted access to the Equipment at any
time for any servicing, maintenance or removal of Equipment. Customer shall
not remove the Equipment from the Site, and shall not move the Equipment an
the Site without written permission from Company. Customer shall not modify the
equipment Customer shall not sell, rent, lease or otherwise lose possession of
the Equipment, nor shall Customer permit any lien to be placed on the Equipment
Customer acknowledges that Company has no control over the use of the Equip-
ment by Customer, and Customer agrees to compiy, at Customer's sole expense,
with any and all applicable municipal, county, state, federal or quasi -governmental
laws, ordinances, regulations and guidelines, including ANSI Standard Z4 3 and
the requirements of the "Guide for Clean Portable Sanitation" published by PSAI,
if applicable.
ONDITIONS Rev 5.6.09
ruV IVlia Agreement No. 6531
T. Equipment Contamirradon While portable restroom units are in Customer's
possession, Custorner shall prevent arty contamination of such units with or from
radioactive, volatile, flammable, explosive, toxic or hazardous materials (including
oils, paints, adhesives and solvents). Company will not remove any waste other
than DSW from portable restrooms and storage containers ('Other Waste'), In the
event Other Waste is found in the Equipment, Customer shall arrange and pay
for separate removal of such Other Waste. Until such Other Waste is removed,
Customer may not terminate the Period and Customer is liable for all charges ac-
crued during such period.
S. Liability Except to the extent Customer is not Gable for damage to Equipment
under the Damage Waiver program described in Section 5, Customer agrees to
defend, indemnify and hold Company harmless to the maximum extent permitted
by law from and for all claims, lawsuits, damages, expenses and other losses
arising out of the rental or use of Equipment delivered to or rented by Customer.
Customer's obligation will apply to the extent permitted by law to all accidents or
incidents regardless of whether same occur as a result of Customer's or third party's
negligence, fault or other legal liability. Customer will have no obligation to defend,
indemnify or hold harmless Company if the accident or incident arises out of the
sole negligence or willful misconduct of Company Company, its officers, directors,
employees and agents shall not, under any circumstances, be liable to Customer
for consequential, incidental, special, exemplary or punitive damages arising out of
or relating to the Equipment. Customer's sole and exclusive remedy for any claims
or causes of action arising out of or related to the Equipment shall be to recover
from Company direct damages in an amount not to exceed the amount paid by
Customer for use of the Equipment.
S. No Prorating Agreed upon rates are the complete billing periods and are not
to be prorated.
I& Termination Company may terminate this agreement and remove the Equip-
ment immediately in the event (i) Customer fails to pay any amount when due to
Company, (ii) Customer otherwise breaches or rejects any of these Terms and
Conditions, (iii) there is arty loss of or damage to the Equipment, (iv) any lien is
placed, or is proposed to be placed, on any of the Equipment, or (v) a proceeding
in bankruptcy or for other protection from creditors is commenced by or against
Customer. Company shall not be responsible for loss of arty personal property on
the Site, which may be caused by removal of any of Company's Equipment pursu-
ant to this paragraph.
11. Governance This agreement shall be governed by and construed in accor-
dance with the taws of the state, shown on the invoice, in which the Company's
place of business is located, without giving effect to any choice or conflict of law
provision or rude that would cause the application of the laws of any jurisdiction
other than such state. Each of the parties submits to the jurisdiction of any state
or federal court sitting in such state, in any action or proceeding arising out of or
relating to this agreement. All claims in respect of the action or proceeding may
be heard and determined in any such court. No failure by Company to exercise
any right hereunder shall operate as a waiver of any other right hereunder, and a
waiver of any right on one occasion shall not constitute a bar to or a waiver of any
such right on any future occasion. All modifications to these Terms and Conditions
shalt be in writing,
12. Taxes a Fees Customer shall pay any and all taxes, license fees or permit
fees arising out of use of the Equipment. Customer shall pay such taxes whether
such taxes are shown on the invoice or whether such taxes are later claimed by
a governmental authority. In the event of a claim by a governmental authority for
taxes related to the Equipment, Customer shall pay to Company such taxes on
demand.
13. Additional Terms Additional Terms and Conditions apply to rental and service
of Storage Containers ('Sheds") and Temporary Power equipment These Terms &
Conditions are shown on the back of your contract for these items
14. Errors & Omissions Company reserves the right to correct any erroneous
information that may appear in the invoice or may have appeared in a prior invoice
including, without limitation, Customer's name or address, or billing amounts
15. Conditional Payments Any payment check, or other form of payment that you
send us for less than the full balance due that is marked "paid in full" or contains
a similar notation, or that you otherwise tender in full satisfaction of a disputed
amount, must be sent to United Site Services Inc., 50 Washington Street, Suite
1000, Westborough, MA01581, We reserve all our rights regarding these payments
(e.g., if it is determined there is no valid dispute, or if any such check is received at
any other address, we may accept the check and you will still owe any remaining
balance). We may refuse to accept any such payment by returning it to you, not
cashing it or destroying it All other payments that you make shall be sent to the
address on the invoice