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CONTRACT 6531G AmendmentAgreement No. 6531 G SEVENTH AMENDMENT TO AGREEMENT NO. 6531 BETWEEN THE CITY OF EL SEGUNDO AND UNITED SITE SERVICES THIS SEVENTH AMENDMENT ("Amendment") to Agreement No. 6531 ("Agreement") is made and entered into this first day of July 2025, 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 ("CONTRACTOR"). The parties agree as follows: 1. This agreement is amended to augment Agreement Exhibit "A" to remove Exhibit "E" and to include the additional services set for in Exhibit "F" to this amendment on the dates set forth therein. This agreement's term will be July 1, 2025, through June 30, 2026. 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 $5,129.24 for a total contract amount not to exceed $21,420.41. 3. This Amendment may be executed in any number of 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 with 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. CONTRACTOR warrants that its signatory (or signatories, as applicable) to this Amendment has the legal authority to enter this Amendment and bind CONTRACTOR 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 G IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. OF E SEGUNDO UNITED SITE SERVICES of CALIFORNIA, INC D'gi"'ysg dbyA gd.Flng ON E=Angele Flaming@ d I CN M1 1dk l -r!a X III n roi;p D.I.. 2025.0830 Jid i',S.ifd1104W Darrell George, Angela Fleming City Manager Government Bid/Contract Lead ATTEST: Taxpayer ID No. 20-0968969 Susan Truax, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney ........... David King"Assist ity Attorney MOA Agreement No. 6531 G E I101T "F:" United Site Services of California Inc. Salesperson Contact 256 East Alondra Blvd Matt Sweet GARDENA, CA 90248 Mobile: +1 714-292-2865 Office: Fax: rUnited SITE SERVICES matt.sweet@unitedsiteservices.com Site Service Quotation Quote No.: 414-2600056 Quote Date: 06/02/25 Quote Expires: 07/02/25 Sell To: CITY OF EL SEGUNDO PARKS REC Ship To: CITY OF EL SEGUNDO PARKS REC Ryan Delgado 4th of July 401 Sheldon St 300 E Pine Ave EL SEGUNDO, CA EL SEGUNDO, CA 90245 Cust. #: USS-1601479 Phone: 310-524-2882 Fax: 310-647-4223 Attn: Ryan Delgado Phone: 310-524-2882 Terms: Due Upon Receipt - Item ... ..... Unit Quantity From Thru Unit Price Price .��... ... w. Deluxe Restroom EA 17 07/03/25 07/05/25 45.00 _Total 765.00 one time Deluxe Restroom Service EA 17 07/03/25 07/05/25 65.00 1,105.00 one time Hand Sanitizer Refill EA 17 07/03/25 07/05/25 35.00 595.00 one time Toilet Seat Cover EA 17 07/03/25 07/05/25 15.00 255.00 one time Delivery, Setup, Removal EA 17 07/03/25 07/05/25 15.00 255.00 one time ADA Wheelchair Accessible EA 4 07/03/25 07/05/25 125.00 500.00 one time ADA Wheelchair Accessible Svc EA 4 07/03/25 07/05/25 75.00 300.00 one time Hand Sanitizer Refill EA 4 07/03/25 07/05/25 35.00 140.00 one time Toilet Seat Cover EA 4 07/03/25 07/05/25 15.00 60.00 one time Delivery, Setup, Removal EA 4 07/03/25 07/05/25 15.00 60.00 one time 2 Station Sink EA 6 07/03/25 07/05/25 45.00 270.00 one time 2 Station Sink Service EA 6 07/03/25 07/05/25 40.00 240.00 one time Delivery, Setup, Removal EA 6 07/03/25 07/05/25 15.00 90.00 one time Saturday Removal 7/5 EA 1 07/03/25 07/05/25 250.00 250.00 one time Subtotal: 4,885.00 Accepted: .......... .............. .. Date: Tax: 244.24 Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475 Total: 5,129.24 NOTE: Tolal prices have been calculated for I billing period only. Damage Waiver is optional Please read the terms and conditions on the last page of Ihis document for more information. Agreement No. 6531 G 1. Acceptance. Customer shell be deemed to have accepted Ihese terms and conditions ('Agreement') upon the earliest of. (i) two business days after receipt of a Company invoice: (i[) delivery of Equipment including, among others, portable restroams, bailers, fencing, roll -off dumpsler, portable storage containers, and/or temporary power equipment (oolleclively or individually, the 'EquipmenT7 To the Customers designated site (the 'Site"} and use or acceptance [hereof; (iii) acknowledgment or other conduct of Customer (including payment against any invoice), or (iv) Company's performance of any services Customer ties 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 Terms. Customer shall pay all charges due to Company during the term (the 'Period') shown an 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 pedormance, invoices am due and payable by credit card payment before Company will begin performance of the Services The fees charged by Company apply la the full Period and shall not he prorated (i.e , charges for less then a full Period shall nor be prorated) Customer shall be liable to Company for all collection expenses (including reasonable attorneys' fees), and interest at the rate of 1.5% per month, or such lesser rare as may be the maximum lawful rate, an all overdue accounts Customer shall pay all additional charges for services separately requested or made necessary by Customer's breach of this Agreement, including moverilrelocation charges, special service charges, and special delivery and removal charges For payments by check, Customer authorizes Company to use information from Customers check to make a one-time electronic fund transfer from Cuslomers account or to process and pay for the transaction as a check. Customer shot[ pay all taxes, including sales lax, license fees and permit fees arising out of the use of the Equipment. Customer shall pay such taxes whether such texas are shown on the relevant invoice or whether such taxes are later claimed by if governmental authority. In the event of a claim by a governmental agency for taxes related to the Equipment, Customer shall pay to Company such taxes an demand. 3- Service. Company offers servicing as an option an all portable restroams If Customer orders servicing, Company will remove any domestic septic waste ('DSVn Pram portable rosbaoms on the service dey(s) scheduled by Company If Company is unable to service the Equipment as scheduled due to a holiday, inclement weather, site restrictions, silo inaccessibility or other circumstances, Company shall service the Equipment on the next available business day subject to Company's other service commitments Customershall provide Company timely, 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 Site, firm and level ground and a dry location,. Company will not remove any waste other than DSW from portable restrooms 4. Damage Waiver, Pricing allachmenl included herein, shall include the benefit of the Company damage waiver program That covers all Damage occurred through any acts of God, or accidental structural damage to all portable reslroams, hand washing stations and holding tanks EXCEPT (i) Customer shall he liable for (heft or disappearance of any Equipment and for any losses or damage resulting from any willful or negligent acts or omissions of Customer ar any of its agents, contractors, or employees; and (f) Customer shall exercise all rights available under its insurance required by Section 9 hereof, and Customer shall Peke all actions necessary to process and pursue all insurance claims. Customer shall pay Company the actual cost of repair or replacement of the Equipment. The Customer shell not be responsible to Company for any minor wear and fear 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 Companywith copies of ell reports relating to some, 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 perfume; at the Customers direction, Company is not liable for damage caused Is the equipment or damage caused to delivery Iocalion or truck access path, except to the extent caused by Company's sole negligence or willful misconduct- 5. Equipment Responsibility. Company will deriver the Equipment to the Site at the location selected by Customer at the Parini commencement Customer •warranls and represents it is solely responsible for and has exercised due diligence and care in selecting a safe location at the Site for placement of any Equipment, and further agrees to direct and supervise the Equipment's placement Tide to all Equipment remains with Company. Customer shall nor modify or move the Equipment from awildh the Site absent Company's written consent. If 13mlomermoves the Equipment hum or within The Site without Company's written consent Customer immediately assumes all responsibility and Istrifity 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 shag 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 sole expense, with all applicable governmental and quasi- governmental laws and guidelines, including ANSI Standard Z4 3 and PASTS pubrished requirements in its "Guide far Clean Portable Santurce'. if applicable- Customer further agrees to O obtain and comply with all applicable governmental and quasi-govemnhen[al licenses, permits, registrations, permissions, and other approvals (`Permits'] applicable to the Equipment (including, but not limited to, Permits allowing the delivery and placement of the Equipment at the Silo), and (ii) comply wilh all applicable Permits held by Company applicable to the Equipmenl 6. 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 an the exercise of its own due diligence and care in assessing its own needs and is not relying an 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, biohazardous (excluding noninfectious DSW), flammable, explosive, special waste, or hazardous matenels (including but not limited to asbestos, petroleum, paints and any substance Idontified by a governmental agency as being hazardous or toxic) or their equivalent (collectively, 'Hazardous Materials'). Al all times, Customer shall hold all Irte to and liability Par all waste material, Company will nal remove fires. Hazardous Materials, or appliances from dumpslers (collectively.'Prohibiled Waste'). Customer will be responsible for all removal, cleanup, remediation, fines. penalties, and other costs rinsing from orrelafing to the presence of Prohibited Waste attributable to Cuslomers possession of the Equipment Customer will be responsible for all fines or penallies an overweight containers. Mattresses or other bulky items found in dumpslers may result in additional fees. If Prohibited Waste is found in or around the Equipment, Cuslomershall orange 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 all such Prehibiled Waste is removed and the Equipment is remediated. 6. Liability & Indemnlfrcallon. 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 permilled by law against end for all claims, lawsuits, damages, expenses, penalties, fines, and otter lasses arising oulofany of (a) the rental, delivery, condition, possession, maintenance, use or operalmn of Equipment delivered la or rented by Customer, including 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 utvilies resulting from Customer's failure to comply with Section 14, Customer's indemnity and defense obligations apply to the maximum extent permitted by law to all injuries, damages and lasses regardless of whether same are caused. or are alleged to have been caused, in whole or in part by Company's. Cuslamer s, or a third parry's acts or omissions, except that Customer will have no obligation to indemnity arderend Company to life extend the injury, damage, or loss ,w, , actually caused by Couipany'c sole negtigenlc'e or willful mhscaeducL Customer expros'sby agrees and will cause its insurer to accept a lender by Company to Customer of any dolr'n arising out of Iha rrm+atlal, delivery, condli loa, possession, mainfenonce, use or opuualion argon Equipment. Company', its officers, dimclors and agents shall not, under any crc'umslances, be Iiabra to Customer for consequomrt, moiden[al, special, e'xamplary or punitive domag is arising out of or relating to the E equipment Customers exclusive romedly far any rWdu'rims or causes of achm hrrising out of is r'otaled to the Equipmenl shag be recovery of direct a'Mnreges In an amount nor 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 assumes ell risk of and liability for injury (including death) to any person or property and for all other risks and liabilities arising tram the rental, delivery, condition, possession, maintenance, use oroperalion of the Equipment. Cuslomeregrees, at its own expense and atoll limes during the term of the Agreement, to maintain Commercial General Liability ('CGLI insurance with limits of not less than $1,000,000 per occurrence for sums that en insured must pay as damages because of bodily injury or property damage arising out of the condition, possession, maintenance, use, operawbon, erection, dismantling, saniridng or trenspmledon of the Equipment- Customer and its sgunis will coral le with Company and Customer's insurers in anyctaim orsuil a^rsing therefrom and will do orribing to impair or invalidate Ifw applicable Insurance oovouoge, to additran, Cwstuaner agrees, at Its own expanr,a and at dill limes dunng lEma term of rim Agreement, la maintain Nuipazty Imuual in an amoral adegwki to cover any damage to, or loss of, the Equipment. Cuslomers Property Insuronco must coven noo-owriark Equupini while in Cuslomers care~ rustcd'y and conlral Customer agresrs In add Company as an Additional Insured and Loss Payee orb all insurance required by the Agreement. Customer's CGL insurance must be primary and non-conplbutoly with any Insurance maintained by Company and must include a waiver of subragalion in favor of Company, The amount, terms and conditions of the insurance maintained by Customer must be reasonably acceptable to Company Customer agrees to abide by all terms and conditions of all such insurance; Customer agrees to provide Company with Owirriceles of Insurance ('C017 evidencing the insurance raquood by the Armament. Company's acceptance of Cuslomers C01 will not be deemed a waiver or modification of Cuslomers insurance, indemnity, or any other obligations under the Agreement, The provisions of [his Section 9 are in addition to, and do not limit, qualify, of waive any obligations of Customer under this Ang,'reemenl, including but not limited to Cusdomerlsobligations under Section 8 above. CusNmer's tulfillmenl of irs insurance obligations does not limit Cuslomer's babifdy under Seclion 8 above. The provisions or Section 8 above dues 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. Termination. Company may germinate this Agreement and immediately remove the Equipment if (I) Customer fails to pay any amounl'wiren due, itCustomer broadres the Agreeratad'ct, (iii) there is a le5'S of or damage to The Equipment, (iv) a lion is placed, or is proposed to be placed, on any Equipment, (v) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer, or IQ Company's convenience Company shall not be responsible for losses due to removal of Company's Equipment pursuant to this paragraph. 11. Governing Low; Non•Wa[ver, Amondmords„ This Agreement is governed by The laws of diastole, where [he Site is located, without giving effect W principles of conflicts of laws. Each pony submits to the Jurisdiction of any slate or federal court sitting in such state in any action or proceeding arising out of or relating Ta this Agreement. No failure by Company to exercise any right hereunder shall operate as a waiver of any other night hereunder, and a waiver crony fight on one occasion shall riot constitute a waiverafany such right on any future occasion. All modifications to [his Agreement must be in a wrifing signed by bath parties. 12. Errors & Omissions. Company reserves the fight to correct any erroneous information the[ may appear in an invoice including, without limitation, Customer's name or address, or billing amounts. 13. Fencing, For fence rental and installation, any new fence orders are subject to a minimum install fee and will be listed on the face of Ibis agreement. 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 an site. This residual percentage amount will appear on your agreement and will be invoiced each billing cycle unfit the fence is removed. All partial deliveries and removals are subject to a minimum trip charge as outlined in The agreement. Company does not engage in or sign project labor agreements (PLA).. Customer will, however, provide fence to our customers for xolfan0filfadion in those a loucus. Cu slorrmr is responsible to provide The nrrairrlt 1ac,led wage mine W Company, and company rezerves the rfghl to correct invoices at any fires, should adjusgoavnrs he required to account for any wage e4o9oeeaniaRjoBrs or wage rates. Customer shall establish all propel Frie slakes and grade slakes. Unless olherwriso agreed,, fences shall follow ground Imestlavoi. Pray to install, Customer shall provide Company with the location and character of any underground pipes, sewers. wires, conduits, obstructions, conditions, or restrictions which may interfere with or be damaged at install or tharrlaller. Cosstomer sheer Purify awy and all underground service ondlurri in advance of instr0t Customer shall cooperate fury in C.ompsoy''s inslhailarnin by toy clamong a yuticzenl worklrm ones of all obstructions- and mmoviltle hazards, including dearing all bees and brush ktu six f'm11 on other side of fri location. (b) surveying, grading, locating, and staking fence line and identifyinglverifying all property and utility lines, (c) notifying and safeguarding Company of all potential hazards, and (it) coordinating Company's work win all others an the Site Company may extend install deadlines and Customer shall pay for any expenses resulting from Cuslomers compliance with These lerms Customer is responsible for all reloca[ionfre-installation costs, Customer shell inspect and accept The fence within twenty-four (24) hours of installation. 14. Condltonal Payments, Any payment trial Customer sends Company furless Than the full balance due That is marked 'paid in full' or contains a similar notation, or That Customer otherwise lenders in full satisfaction of a disputed amount, must be sent to the address listed in Seclion 16 Company reserves all dghls regarding those payments (e g., Company may accept the check and Customer will still owe any remaining balance). Company may refuse to accept any such payment by mluming it In Customer. not cashing it or destroying it. 15. Price Adjustments: Comparuy reserves the right to impose a price increase at any lima with of 4rhoul notice to Customer. Company roneins lho raghl to impose a Nor and inflation dhelge to invoices ar Company discretion. 16. Notices Any required notice shall be in willing delivered to United Site Services, Inc 118 Flanders Road. Suite 1000, Westborough, MAO1581 Attn: (Legal Department). Any notice given pursuant to this contract shell be considered duly given when received by the representatives of the parties hereto For information about our privacy practices go to hll; Pmvw rvpn l'elf�sutasel'y os t 7a°g urar