CONTRACT 6531F AmendmentAgreement No. 6531 F
SIXTH AMENDMENT TO
AGREEMENT NO. 6531 BETWEEN
THE CITY OF EL SEGUNDO AND
. UNITED SITE SERVICES
THIS 6TH AMENDMENT ("Amendment") to Agreement No. 6531 ("Agreement") is made
and entered into this 11 day of December 2024, by and between the CITY OF EL
SEGUNDO, a general law city and municipal corporation existing under the laws of
California ("CITY"), and United Site Services, a California corporation ("CONSULTANT").
The parties agree as follows:
1. This agreement is amended to augment Agreement Exhibit "A" to remove Exhibit
"D" and to include the additional services set for in Exhibit "E" to this amendment on
the dates set forth therein. This agreement's term will be October 28, 2022 through
June 30, 2025.
2. As consideration for the additional work set forth in Amendment Section 1, above,
the CITY agrees to pay CONTRACTOR an additional amount not to exceed
$408.31 for a total contract amount of $21,420.41
3. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitutes one instrument executed on
the same date. In accordance with Government Code §16.5, the parties agree that
this Amendment will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be treated in all
respects as having the same effect as an original signature. CONSULTANT
warrants that its signatory (or signatories, as applicable) to this Amendment has the
legal authority to enter this Amendment and bind CONSULTANT accordingly.
4. Except as modified by this Amendment, all other terms and conditions of the
Agreement remain the same.
[SIGNATURES ON NEXT PAGE]
Agreement No. 6531 F
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGU O
1�
All
Aly Mancini,
Recreation, Pa s, and ary Director
ATT
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
V�
Joaqu'jn Vazquez, Assistant City Attorney
Digs Wlly sg— by MDM L. Fbmieg
ryF ON: E=Mgela,FlemmgQuneedsileservlces ram,
CN=Mu9eW L Fleming oil cmieeraleOm-
F ' ouss ueae. ce uss p. DC� n
�TFsdtty % Dale M24.12191454394)5'00'
Angela Fleming
Government Bid/Contract Lead
United Site Services of California, Inc,
Taxpayer ID No. zo 0968969
txnlDfi r-Agreement No. 6531 F
United Site Services of California, Inc. Sales er on Contact
256 East Alondra Blvd Matt Sweet
GARDENA, CA 90248 (UMobile: +1 714-292-2865
Office: nifoid' Fax:
SERVICESSITEmatt.sweet@unitedsiteservices.com
Site Service potation
Quote No.. 414-2544364
Sell To: CITY OF EL SEGUNDO PARKS REC
Shawn Green
401 SHELDON STREET
EL SEGUNDO, CA 90245
Cust. #: USS-1601479
Phone: 310-227-5937
Fax: 310-524-2882
Quote Date: 09/25/24
Quote Expires: 10/25/24
Ship To: Candy Cane Lane
808 California St
EL SEGUNDO, CA 90245
Attn: Shawn Green
Phone. 310-227-5937
Terms: Due Upon Receipt
Item
Unit
Quantity
From
Thru
Unit Price
Total Price
.................................
Deluxe _.
Restroom
EA
1
12/13/24
....... ...._...
12/24/24
45.00
45.00 one time
Special Event Service 12/16
EA
1
12/16/24
12/24/24
65.00
65.00 one time
Special Event Service 12/18
EA
1
12/18/24
12/24/24
65.00
65.00 one time
Special Event Service 12/20
EA
1
12/20/24
12/24/24
65.00
65.00 one time
Special Event Service 12/23
EA
1
12/23/24
12/24/24
65.00
65.00 one time
Hand Sanitizer Refill
EA
1
12/13/24
12/24/24
35.00
35.00 one time
Toilet Seat Cover
EA
1
12/13/24
12/24/24
15.00
15.00 one time
Deluxe Restroom Subtotal:.. . " « . . .
.... . . .
. . . .. .
... .. .
« « . « « « .
.. . . . , .
355.00
ADA Wheelchair Accessible
EA
1
12/13/24
12/24/24
125.00
125.00 one time
Special Event Service 12/16
EA
1
12/16/24
12/24/24
75.00
75.00 one time
Special Event Service 12/18
EA
1
12/18/24
12/24/24
75.00
75.00 one time
Special Event Service 12/20
EA
1
12/20/24
12/24/24
75.00
75.00 one time
Special Event Service 12/23
EA
1
12/23/24
12/24/24
75.00
75.00 one time
Hand Sanitizer Refill
EA
1!
12/13/24
12/24/24
35.00
35.00 one time
Toilet Seat Cover
EA
1
12/13/24
12/24/24
15.00
15.00 one time
ADA Wheelchair Accessible Subtotal:. .
.. » . ....
. ... .
. . . .. .
... « . ..
.. .. ..
475.00
2 Station Sink
EA
1
12/13/24
12/24/24
45.00
45.00 one time
Special Event Service 12/16
EA
1
12/16/24
12/24/24
40.00
40.00 one time
Special Event Service 12/18
EA
1
12/18/24
12/24/24
40.00
40.00 one time
Special Event Service 12/20
EA
1
12/20/24
12/24/24
40.00
40.00 one time
Special Event Service 12/23
EA
1
12/23/24
12/24/24
40.00
40.00 one time
2 Station Sink Subtotal:. ... ..... .
« , .. « . . . . . .
... .. .
. . » .. . .
.. . » . .
205.00
Delivery, Setup, Removal
EA
1
12/13/24
12/24/24
100.00
100.00 one time
Subtotal :
1,135.00
Accepted: _..._........................
-._......�
Date,',
_..._._._...
Tax:
32.77
Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475
Total:
1,167.77
NOTE: 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.
Agreement No. 6531 F
1. Acceptance. Customershall be deemed to have accepted these terms and conditions ('Agreement') upon the
earliest of.. (i) two business days after receipt of a Company invoice; (ii) delivery of Equipment including, among
others, portable restrooms, trailers, fencing, roll -off dumpster, portable storage containers, and/or temporary
power equipment (collectively or individually, [he'Equipmenr) to the Customers designated site (the 'Site')
and use or acceptance thereat (ifi) acknowledgment or other conduct of Customer (including payment against
any invoice); or (iv) Company's performance of any services Customer has requested. This Agreement
supersedes any inconsistent terms of any purchase order or other Customer documents. All agreements are
subject to approval by Company.
2. Payment Temp. Customer shall pay all charges due to Company during the term (the'PerWI shown on
the relevant invoice. If credit is approved by Company, invoices are due and payable 10 days from the dale on
the invoice. If credit is not approved by Company prior to performance, invoices are due and payable by credit
card payment before Company will begin performance of the Services The fees charged by Company apply to
the full Period and shall rot be prorated (i.e , charges for less than a full Period shall not be prorated). Customer
shag be liable to Company for all collection expenses (including reasonable aftomeys' fees), and interest at the
rate of 1.5% per month, or such lesser rate as may be the maximum lawful rate, on all overdue somunis.
Customer shall pay all additional charges for services separately requested or made necessary by Customers
breech of this Agreement, including moving/relocation charges, special service charges, and special delivery
and removal charges. For payments by check, Customer authorizes Company to use information from
Customers dheck to make a one-time electronic fund transfer from Customers account or to process and pay
for the transaction as a check Customer shall pay all lazes, including sales lax, license fees and peril fees
arising out of dre use of the Equipment Customer shell pay such taxes whether such taxes are shown on the
relevant invoice Or whether such taxes are later claimed by a governments] authority. In the event of a claim by
a governmental agency for taxes related to the Equipment, Customer shall pay to Company such taxes on
demand
3. Service. Company offers servicing as an option on all potable restrooms. If Customer orders servicing.
Company wig remove any domestic septic waste ('DSW') from portable restrooms on the service days)
scheduled by Company. If Company is unable to service the Equipment as scheduled due to a holiday,
inclement weather, site restrictions, site inaccessibility or other circumstances, Company shall service the
Equipment on the next available business day subject to Company's other service commitments. Customer shall
provide Company fni sufficient, and unobstructed access to Equipment, including extended hours or after
business hours access, as necessary to perform Services. The pricing of this Agreement is based upon easy
access to She, fir and level ground and a dry location. Company will not remove any waste other than DSW
from portable restrooms.
4. Damage Weller. Pricing attachment included herein, shall include the benefit of the Company damage
waiver program that covers all Damage ooxared through any acts of God, or accidental structural damage to
all portable restrmoms, hand washing stations and holding tanks. EXCEPT (i) Customer shall be liable for theft
or disappearance of any Equipment and for any losses or damage resulting from any willful or negligent acts or
omissions of Customer orany of its agents, contractors, or employees; and (ii) Customer shall exercise all rights
available under its insurance required by Section 9 hereof, and Customer shall take all actions necessary to
process and pursue all insurance claims. Customer shag pay Company the actual cost of repair or replacement
of the Equipment The Customer shall not be responsible to Company for any minor wear and tear under normal
utilization and or any damage caused by Company. Customer shall promptly notify Company of any loss or
damage to the Equipment and shall provide Company with copies of all reports relating to same, including police
reports, informal investigation reports, and insurance reports, This Damage Waiver does not apply to
portable restrooms, hand washing stations and holding tanks contaminated with Hazardous Materials
while in the Customers possession. When Company performs at the Customers direction, Company is not
liable for damage caused to the equipment or damage caused to delivery location or truck access path, except
to the extent caused by Company's ads negligence or willful misconduct
5. Equipment Responsdbility. Company will delver the Equipment to the Site at the location selected by
Customer at the Period's commencement Customer warrants and represents it is solely responsible for and
has exercised due diligence and care in selecting a safe location at the She for placement of any Equipment,
and further agrees to direct and supervise the Equipment's placement. Tile to all Equipment remains with
Company. Customer shag not modify or move the Equipment from arw4in the Site absent Company's wrigen
consent. IFCustomermoves the Equipment from or within the Site without Company's written consent, Customer
immediately assumes all responsibility and liability for all losses and costs incurred by Company. Customer
warrants and represents it is familiar with the safe and proper use of 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 Equipment by
Customer, and Customer agrees to comply, at Customers sale expense, with all applicable governmental and
quasH governmental laws and guidelines, including ANSI Standard Z4.3 and PASI's published requirements in
its 'Guide for Clean Portable Sanitation'. if applicable, Customer further agrees to O obtain and comply with all
applicable governmental and quasi-govemmental licenses, permits, registrations, permissions, and other
approvals ('Pervii applicable to the Equipment (including, but not limited to, Pormils allowing the delivery
and placernenl of the Equipment at the Site); and (h) comply with all applicable Permits hold by Company
applicable to the Equipment-
8. Equipment and Service Selection. Customer represents and warrants that it has chosen the type of
Equipment, the number of Equipment units, the type of Service and the frequency of Service based on the
exercise of its own due diligence and care in assessing its own needs and is not relying on any information
provided by Company in making any such choices.
7. Equipment Contamination Customer represents and warrants that any waste material to be collected in
the Equipment or disposed of by Company does not include any radioactive, volatile, bichazardous (excluding
noninfectious DSW), flammable, explosive, special waste, or hazardous materials (including but not limited to
asbestos, petroleum, paints and any substance identified by a governments] agency as being hazardous or
toxic) or their equivalent (collectively, 'Hazardous Melerialsl At all times, Customer shall hold all this to and
liability for all waste material. Company will not remove fires, Hazardous Materials, or appliances from dumpslers
(collectively, 'Prohibited Waste'). Customer will be responsible for all removal, cleanup, remediation, fines,
penalties, and other costs arising from or relating to the presence of Prohibited Waste attributable to Customers
possession of the Equipment Customer will be responsible for all fines or penalties on overweight containers,
Mattresses or other bulky items found in clumpslers may result in additional fees If Prohibited Waste is found
in or around the Equipment Customer shall arrange and pay for separate removal, disposal and remediation of
such waste and Equipment- Customer may not terminate the Period and shall be responsible for all accrued
charges until such Prohibited Waste is removed and the Equipment is remedialed.
8, Liability & Indemnification. Except to the extent Customer is not liable under the Damage Waiver program
described in Section 4, Customer agrees to defend, indemnify and hold harmless Company to the maximum
extent permifted by awagamsland for aft claims, lawsuits, damages, expenses, penalties, fines, and other losses
ansing out of any of (a) the rental, delivery, condition, possession, maintenance, use or operation of Equipment
delivered to or rented by Customer, inducing but not limited to any claims that might be brought against only
Company by an employee of Customer, (b) waste material collected in the Equipment or disposed of by
Company, or (c) any damage to underground pipes, sewers, wires, conduits or utilities resulting from
Customer's failure to comply with Section 14, Customers indemnity and defense obligations apply to the
maximum extent permitted by law to all injuries, damages and losses regardless of whether same are caused,
or are alleged to have been caused, in whole or in part by Company's, Cuslomers, or a third parry's acts or
omissions, except [hat Custamerwill have no obligation to indemnify or defend Company to the extent the injury,
damage. Of Doss was actually causedby Company's solo negkgance or willful mesoondwwt Customer expressly
egraesand will cause ds nsruror to accept a lender by Company to Cuslomea of any claim easing out at the rai.
fiery, condition,Possession manienoarce, use or operation of me EgrapmOnt Company, its offiom, directors
and agents shall nvsl, under, array cuo unisuratces, be gable to Customer for consequenfial, incidental speolat,
exemplary or pun'revon darnagos ansing out of or reiadhng'to the Equipment Cuskurter`s exrdae ne remedy for any
rAiams or causes of aclicn arising out of of nelaied to the Equipment shaft be rasorvaryP of dini damage in an
amount not to exceed the amount paid by Customer for use of the Equipment.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL EQUIPMENT IS, PROVIDED TO
CUSTOMER'AS IS, —WHERE IS; AND -WITH ALL FAULTS; AND THERE ARE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OR
PERFORMANCE OF THE EQUIPMENT. ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE,.
9, Assumption of Risk„ Insurance Customer assecres aff riskol endfatalityfor mpury tindudbug death) to any
person or properly and far all other risks and habduldes raising Ire tree rental, delvery, condition, possessme,
maintenance, use Or Operation an of the Equipment Customer agrees, at its own expense and at all Imes during the
[am of the lkgreemanl, m mmintain Commereaal GiononW Liabitity ('CGL) Insurance wilti luri of not less Than
f 1,000 00t) per orcoumanoe for sum that an Insured miust pay as damages becausa of bodiy inturyorproperty
damage ar&vbrg Out of the cond°af6an, frossessmn„ maintenance„ ua", opeaaluon, erector dhr nflrerg„ service
or transportation of She Equipment Customer and its agents will cooperate with Company and CuMomar'l
msarers in any claim or suet arising 11loretmoam and win rkr noting hs ini oruavolkla,do tie applicabie rnsusania
coverage, to wMb n, C usimnor agrees. at Its orlon ex'pease sad at all times Mooing the term of the Agreev iii
Gil maintain Property Insurance ran an amount adequate to cover any damage to, oil less of, die Equipment
Customers Pmapnnaty insurance must over porn -owned Equipment while in Cusommer's care, custody and
comimi CuMun cur agrees to add Company as air Addtarronal insured and Loss Payee an all inswance required
by the Agleerriont. Custrnnev's COL esaar'ance must be primary and norrconlribulmy with array insurance
maintained by Company and must include awaiver of suubrogiii m favor olCompany Tha ammuri lemisand
conditionsof the insuraauco nmimained by Customer mast be reasonably acceptstle to Company Customer
agrees to abide by all terns and condhions of all such insurance, C'uslarni a agrees to provide Company with
Cenikates of Insurance ('COIJ evdencing the insurance required by the Agreement. Company's acceptance
of Customers COI will not be deemed a waiver or modification of Customers insurance, indemnity, orany other
obligations under ilia Agreement The provisions of due Seclim 9 are in addrton to, and do not larril. qualty, or
wave
any obligations of Custruni under darer Agreement, including but not limited to CIaMomer's Obligations
render Section'8 above.. Customers fmlfit m its msuranicti, obligations does not limcet Customer's IleRrdity
under Section 8 above. The provisions of Section 8 above does not limit or qualify the provisions of this Section
9 or the scope of insurance coverage provided to Company as an Additional Insured or Loss Payee.
10, Tevminaafon, Company may Immi INS Agreamead and immediately remove the Equipment If (i)
Cuslonnec fats to pay any annzrmt when shoo, (p Customer breeches She Agreement, (64 there A a loss of or
deurage to toe Eipupment„ ('rat) a lien is placed, or is proposed to fro placed, on any Equipment, (v) a proceeding
in baulk Icy or AN other timIcti honi creditors is commenced by as against Customer, or (vi) Company's
converAitrice. Company shall not be responsible ibc bwses dare to moraval of Company's Equwituapant pursuant'
to this paragraph
11, Governing Law; NomWah er„ Amendmartls, This Agreement is governed by the Wilms of the stale whore
the Site is located„ wdhoul giving olfOot Io pstncipfas of cor iOls of laws, Eac1r pavdy subs is ta Ors )unsdotOn of
any, state or federal court sitting in such state in any action of proceeding wiling OW of Or raWatng co lids
Agreement. No failure by Company to exercise any dot hereunder shall aporsto Its waver of any ofhaa right
hereunder, and a waivOr at any right an one oocsam shirt mri counsbfuia a wa van Ofany such right on avey fubire
occasion. All modifications to this Agreement must be in a wrifing signed by both parties,
12. Errors & Omissions. Company reserves the right to correct any erroneous information that may appear in
an invoice including, without limitation, Cuslome s name or address, or billing amounts.
13. Fencing. For fence rental and kurratlation, any nir«v hence orders are subject to a nronkmum install fee and
will be listed on the face of this agreenuant IF the fence is required for an additional length of time beyond the
initial term listed on the face of this agreement, a residual (rental) fee will apply to all fence and related products
on sate, This residual percemtage anhoaurt will appear on your agreement and will be InvoaOed eaadr billing cyctia
untl tie fence is removed. At partial deliveries and removsks are subject to a minimumi trip charge as oullmed
in the agraemaril.Company does not en einorsypnprim llaboragmements(PLA) Customer witi, howti
provide foncoa to our customers for salt instalYatrm in taasa instances. Customer is responsible to provaule, the
current project wage ratty to Company, and company reserves the, right to cwetl invoices at any finee, shOuhl
ad(usiments be required la account for any wage deeirmirialions, or wage rahhi, Customer shall establish all
property hone Mai and geode saakas. Unligss othusi agreed,fences shall follow+gtwnmd finrsltowel. Prior to
install Customer shall provide Company with the Darr and oherd of any untlargroond pipes, sewers,
wirescomdiihS, obstmetrons, conditions, of rostroliims witch may intgdere with or be damaged at inslatt or
i reraaf sit. Customer shall nay, airy and d0 underground sen+rce eiiihas in adwrame of install, Customer shall
coepomw lufty in Company's installation by (a) dewing a sufficient wodung area of ell obstructions and
mmil ablo hazards mclurkng clearing all trees and brush for six (set an autner side of Irmo iocation, ('b)
swarnryiag, geaderg, locabng, and Making fence hire and a dentidyirig,iveatymg all property and ullfity lines, (c)
notfying and safeguordiang Company of all potential hazards, and (d) coorduoatng Company's work with all
others on the Sate, Company may extend inslafl ds adbrres and Customer shelf pay for any expenses resulting
from Customer's compliance with th a farms Customer is responsible for 00 r�elkrwiicrOm inalarlalxan costs,
customer shall irispeci and accept The fence wnfhin Wrily4our (24) hours of instsltatkin.
14,. Condltional Paymenfu. Any payment the Customer aermis Comparuy for lees then khe tut badance,due that
is m ilwod'pur d in fu0' arcointains a simdbr notation, or that Customer otienviae lenders in hull salislo6on'of a
drsp,u1ad atiourit„ must be sent to the addras»s listed Pei Sadron 16, Company reserves W nglts iegarding those
payments to , Company may accept the check and Cusiamorwgl still owe arty remairi balance). Company
rimy mhise to aooaapt any such payment by ratuming it la Chrstomer, not cashing 4Or destloymg'0,
15. Price Adjustments: Company reserves the right to impose a prim Increase at any lino with or without
notice to Customer Company ratains the right to impose a fuel and intlation charge to invoices at Comormy'a
discretion.
I& Notices. Any requimd not6co shalt he m wmhng dMirveaed la United Ste Senrfuaes, Ilne, t18 Flanalers Road,
Suite 1000, Westborough, MA 01581 Aga fLe#al Departrn j Any nobice given pursuant tothis contract shalt
be considered duly given when received by the nepremmauves of Me traft s hereto. Forinformatran about our
PH vacy practices, go to _Nj1 AOwww.uniaetisileservanes carniprtraO�o cy,