Cities Index.
Agenda packet, first session

Santa Fe Springs City Council
May 20, 2025

Document
Agenda packet, first session
Meeting
May 20, 2025
Body
Santa Fe Springs City Council
Pages
18
Original file
7.8 MB
Text extracted from the city's file for reading and search. Open the original on www.santafesprings.gov. That file is the official record.

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
______________________________________________
This Professional Services Agreement (“Agreement”) is made and effective as of November 12, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and _______________________ (“Consultant”).

For the purposes of this Agreement, City and Consultant may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Consultant interchangeably, as appropriate

RECITALS
WHEREAS, City requires professional consulting services for _______________ (collectively, the “Project”); and
WHEREAS, City staff has determined that Consultant possesses the experience, skills, and training necessary to competently provide such services to City; and WHEREAS, the execution of this Agreement was approved by the City of Santa Fe Springs City Council (“City Council”) at its Regular Meeting of ___________ under Agenda Item No. _____;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

AGREEMENT

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until ____________________ (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional, one (1) year term, if mutually agreed upon in writing.

2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of

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performance set forth in Exhibit A. To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

3. PERFORMANCE
A. Time is of importance for this Agreement and every provision contained herein.

The Work shall commence upon mutual consent of the Parties subsequent the City’s issuance of a written Notice to Proceed. Consultant shall perform the various tasks identified in, and within the timeframes set forth in, the Scope of Work, and shall complete all of the Work in accordance with the schedule and timeline established by the Parties;
B. Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement;
C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among Consultant’s employees; and
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law

4. PAYMENT OF COMPENSATION
A. Consultant’s total compensation for the performance of all Work contemplated under this Agreement shall not exceed ________________________Dollars ($______________) per fiscal year (July 1
st – June 30th) during the Term of this
Agreement unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any

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additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant..

D. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Work.

5. ACCOUNTING RECORDS
Consultant will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City will have the right to access and examine such records, without charge, during normal business hours. City will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

6. ABANDONMENT BY CONSULTANT
In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, Consultant will deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.

7. CITY’S REPRESENTATIVE
City hereby designates _________________, City Manager (the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his/her designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or his/her designee.

8. CONSULTANT REPRESENTATIVE

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Consultant hereby designates _______________, [Title], to act as its representative for the performance of this Agreement (the “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or his/her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.

Notice to the Consultant Representative will constitute notice to Consultant.

9. COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be reasonably available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or his or her designees.

10. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:

A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
C. Consultant will perform all Work in a manner reasonably satisfactory to the City; D. Consultant will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom;
E. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and

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G. All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.

11. ASSIGNMENT
The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Agreement. In recognition of this interest, Consultant agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

12. SUBSTITUTION OF KEY PERSONNEL
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative,

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incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the CITY. The key personnel for performance of this Agreement are as follows: _________________________________.

13. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT

CONTRACTOR
The Work will be performed by Consultant or under Consultant’s strict supervision.

Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and will at all times be under Consultant’s exclusive direction and control. Consultant will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

Consultant will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

14. REMOVAL OF EMPLOYEES OR AGENTS
If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by Consultant and will not be reassigned to perform any of the Work.

15. COMPLIANCE WITH LAWS
Consultant will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. Consultant’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements, Federal Labor Standards Provisions including the prevailing wage requirements of the DBRA, and all applicable regulations of the U.S. Department of Housing and Urbanization.

16. NON-DISCRIMINATION

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Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

17. INDEPENDENT CONTRACTOR STATUS
The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City.

Consultant will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant will have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.

18. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

19. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.

E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

F. City does not and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not

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any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

G. This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

20. TERMINATION WITHOUT CAUSE
City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 21, below.

If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section 24, below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 21, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.

21. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of

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the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any

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undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.

D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.

G. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid

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sums lawfully owed to Consultant under this Agreement for completed services and tasks.

22. SCOPE OF WAIVER OF DEFAULT
No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

23. SURVIVING ARTICLES, SECTIONS AND PROVISIONS
The termination of this Agreement pursuant to any provision of this Agreement or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

24. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY All Documents and Data will be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant will require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

25. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and will not be disclosed by Consultant without prior written consent by City. City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. Consultant will not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade

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paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

26. FALSE CLAIMS ACT
Consultant warrants and represents that neither Consultant nor any person who is an officer of, in a managing position with, or has an ownership interest in Consultant has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

27. PROHIBITED INTERESTS
Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from

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informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

29. COOPERATION; FURTHER ACTS
The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

30. SUBCONTRACTING
Consultant will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

31. NOTICES
All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office
To Consultant: _______________________
_______________________
_______________________
Attention:

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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32. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

33. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

34. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

35. FORCE MAJEURE
The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Consultant and without the fault or negligence of Consultant, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

36. AMENDMENTS; MODIFICATIONS
No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

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37. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

38. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

39. NO THIRD-PARTY BENEFIT
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

40. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties

41. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

42. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

43. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision

Page 17 of 24 ends

in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

44. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

45. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

46. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Fernando Munoz, Deputy City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Rick Olivarez, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS

EXHIBIT B
CONSULTANT’S PROPOSAL

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease), which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

Notice Inviting Bids
City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers - Delivery, Installation, and Removal The City of Santa Fe Springs invites bids from qualified contractors to provide temporary fencing and barriers on an as-needed basis in accordance with the terms and conditions of Request for Quotes (RFQ) No. 25 - 7.

To view the complete proposal package and associated documents, visit:
https://pbsystem.planetbids.com/portal/65093/portal-home and click “Bid Opportunities” or https://vendors.planetbids.com/portal/65093/bo/bo-detail/125982 to access the project directly. You can also visit the City’s website and find the link on the “Bids & Proposals” webpage.

Questions/inquiries regarding this opportunity must be submitted via the PlanetBids Portal by no later than Thursday, March 6, 2025, at 2 pm Pacific. The City will not respond to any questions/inquires submitted after this deadline.

Please review all related documents in their entirety prior to submitting a response.

Responses must be submitted electronically via the City’s PlanetBids Portal by Tuesday, March 18, 2025, at 2 pm Pacific. Any proposals received after this deadline will be deemed non-responsive and the City reserves the right to reject the proposal.

Responses to this request will be evaluated to determine the most qualified and responsive vendors. Responses must adhere to the format and content described in the RFQ. Responses will not be evaluated unless all parts requested are submitted in a complete package.

EXHIBIT B
CONSULTANT’S PROPOSAL
City of Santa Fe Springs
As-Needed Temporary Fencing and Barriers - Delivery, Installation, and Removal (RFQ 25-7), bidding on 03/18/2025 2:00 PM (PDT)

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Printed 03/18/2025
PlanetBids
City of Santa Fe Springs
As-Needed Temporary Fencing and Barriers - Delivery, Installation, and Removal (RFQ 25-7), bidding on 03/18/2025 2:00 PM (PDT)

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Printed 03/18/2025
PlanetBids
City of Santa Fe Springs
As-Needed Temporary Fencing and Barriers - Delivery, Installation, and Removal (RFQ 25-7), bidding on 03/18/2025 2:00 PM (PDT)

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Printed 03/18/2025
PlanetBids
A. Cover/Introductory Letter
March 18, 2025
United Site Services of California, Inc
4511 Rowland Ave
El Monte, CA 91731
United Site Services is the nation’s leading Site Services provider, leveraging a national footprint, providing the largest equipment fleet and deploying a standardized servicing methodology that ensures consistent quality and safety of on-site equipment use. For over 25 years, we have helped enable job and event site success, successfully managing the complex needs of construction, industrial, and agricultural sites, live events, government and emergency response scenarios. We are committed to transforming the Site Services industry by setting new standards in servicing equipment and customer experience and making our customers on and off-site jobs easier.

Our team understands The City’s Department of Public Works—Maintenance Division and Department of Parks and Recreation require temporary fencing and barriers for various projects and events held within the City. The selected bidder will furnish, deliver, install, and remove all necessary equipment, hardware, supplies, and related items. The City should provide trash receptacles because United Site Services' permitting regulations prohibit the hauling and disposal of trash.

Business Name United Site Services of California, Inc.

Address 4511 Rowland Ave, El Monte, CA 91731
Contact Person Name/Title Matt Sweet, Account Executive E-mail Address and Phone Number [email protected]; +1 714-292-2865 Whether it’s a construction site, an outdoor event, or any other temporary location, United Site Services strives to provide the necessary facilities and services to support people’s well-being and productivity. Our team stands ready to provide world-class products, service, and support. We offer to work closely with your personnel to ensure that your service needs are met well into the future.

United Site Services offers a range of essential temporary services to meet various needs. Here are some of the services we provide:
 Temporary Fence: United Site Services offers prompt temporary fence rental, delivery, and installation. Temporary fencing helps secure job sites, events, and other locations, providing safety and control.  Portable Restrooms: United Site Services ensures access to clean and well-maintained portable restrooms. United Site Services offers a variety of options to suit different requirements.  Hand Hygiene Solutions: In addition to portable restrooms, United Site Services provides hand washing stations and sanitizing stations. Proper hand hygiene is crucial for health and safety, especially in high-traffic areas.  Portable Restroom Trailers: For larger events or extended use, United Site Services has restroom trailers equipped with amenities like sinks, mirrors, and lighting.
 Roll-off Dumpsters: Efficient waste management is essential. United Site Services provides roll-off dumpsters for easy disposal of construction debris, trash, and other materials.  Holding Tanks: These tanks are used for waste storage and management, particularly in areas without sewer connections.
 Temporary Power: When power is needed at temporary sites, United Site Services offers solutions to meet those requirements.
 Hydroflow Sanitation System: These systems create a more sanitary and sustainable restroom experience with vacuum technology.

United Site Services’ commitment to exceptional customer service and reliable solutions makes us a trusted partner for various industries, including construction, agriculture, government, emergency response, and special events. You can count on United Site Services for all your site needs! We wish our relationship, providing you with the certainty that the temporary services in your facilities are functioning at their optimum level.

City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 2 Statement of Capabilities
We understand the RFP requires the following:

VII. Instructions to Bidders
A. Cover/Introductory Letter that includes the following:
 Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, and describe any relevant experience) United Site Services is a leading provider of temporary site services in the United States. Founded in 1999, United Site Services is a privately held company that has grown exponentially into the nation’s leader of temporary site services. As the largest provider of temporary site services across the country, United Site Services has the experience, equipment, personnel and servicing capabilities to meet the expectations of our customers for all of their temporary site service needs.

With over 120 locations nationwide and the largest unmatched fleet of portable sanitation equipment, United Site Services is a trusted solution that consistently provides its customers with the best quality, value, and service. We currently have an extremely diverse and energized workforce of over 4000 employees, who are empowered to provide solutions in their specialized fields every single day.

What We Offer
 Temporary Fence
 Portable Restrooms
 Portable Restroom Trailer
 Roll Off Dumpsters
 Hand Washing
 Temporary Power
 Shower Trailers
 Holding Tanks
 Other Services
We provide support to approximately
115,000 active customers coast-tocoast, across diverse industry, including a wide range of commercial
City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 3 and residential construction companies, Fortune 500 companies, and Federal Government agencies such as FEMA and the Department of Defense. We partner with many federal, state, and local government agencies across the United States, including universities, municipalities, school districts, and counties.

With over 1 million services delivered every month and 2.6 million linear feet of fence installed, we are already one of the largest providers in site services in the U.S. We dominate major events like Coachella, Burning Man, F1 Racing, and the Super Bowl, and we deliver an unmatched customer experience.

United Site Services offers a comprehensive range of temporary fence solutions to enhance security, streamline traffic flow, and manage crowds. As the leading fence provider in the U.S., United Site Services is trusted by more top industry professionals than any other temporary site service provider. Our wide selection of solutions and products and our fast, courteous customer service provides peace of mind during all phases of your project or event. Our extensive 20+ years of industry experience includes almost all types of events and projects imaginable including skyscrapers, commercial construction, industrial maintenance, entire residential developments, home renovations, weddings, marathons, inaugurations, backyard barbecues, little league seasons, refineries, harvests, natural disasters and everything in between. We have the experience and resources to make your next event or project a success! Customers We Serve - Servicing a Diverse Range of Sectors  Commercial Construction: Skyscrapers, commercial buildings  Residential Construction: Residential developments, home renovations  Industrial: Maintenance, refineries, global energy companies  Events: Festivals, sporting events, weddings, marathons, inaugurations, backyard barbecues  Emergency Response: Natural disasters, crisis situations, pandemics City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 4  Agriculture: Wholesale nursery growers, fruit and vegetable producers  Government: Municipal projects, military bases, parks We are customer centric. Our customers are at the center of all we do. United Site Services is unique and stands apart from the competition because we cover the largest footprint compared to any other site services company. The closest competitor is 1/10th our size. We have an unmatched fleet and provide each customer with a dedicated account manager and a 24/7 customer service line which provides customers with a onecall resolution. United Site Services uses QR code technology to track the movement and servicing of our assets. Our service technicians are trained in our leading Uniform Servicing System, which ensures consistent and safe sanitation services at every service location.

We are the industry leader in planning and deploying large-scale temporary site services. With our flexible and scalable services, we can adjust our approach to meet the changing needs of the event, and make sure to keep the restroom facilities safe and clean all day and night.  Project Management - Dedicated team focused on risk management, allocation of resources, budgeting and specialists for each product
 Reliability - 20+ years of experience with a strong reputation providing quality service to headline events across the county
 Equipment - Large, diverse inventory of fence and barriers so we are always able to deliver with new investments each year so the appearance is professional and clean  Footprint - Network of 120+locations coast-to-coast,
At United Site Services, we take pride in providing top-notch temporary fence solutions that guarantee safety, security and versatility tailored to
meet your specific requirements.

As the nation’s leading provider of
temporary site solutions, we
annually install enough temporary
fence to stretch all the way from
New York City to Los Angeles – a
testament to our expertise and
experience. When it comes to
your next project or event, trust
the leading experts in the industry.

Our range of temporary fence
services is equipped to handle
any situation, from securing
extensive construction sites to
efficiently managing crowds at
local events.

City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 5 The United Site Services Difference
 Dedicated and skilled team: help you plan the right mix of equipment along with a high frequency service schedule - no matter your site location
 Accurate pre-bid numbers: with comprehensive proposal details to fit the unique needs of your project
 One-stop-Shop: temporary fence services can be provided with one of many additional services under one roof
 Equipment: large, diverse inventory of temporary fence so we are always able to deliver with new investments each year so fence appearance is clean and professional  Footprint: Bid estimates available in 140+ locations, coast-to-coast, in 27 states  Scalability: Provide estimates to serve sites of all sizes with added flexibility to grow with any project needs
 Professional Installation: Team of background-checked and drug-tested highly trained expert installers
Customizable Service Capabilities
United Site Services has the experience, equipment, personnel and servicing capabilities to meet the expectations of our customers for all their temporary site service needs. As a United Site Services customer, you will have access to our vast inventory of equipment and services we offer. We recognize every customer's needs differ and at United Site Services our professionally trained team members can assist your locations to develop an appropriate service schedule that meets your expectations. Whether it’s reducing the number of vendors being used or how you receive invoices, cut out unnecessary costs by leveraging our capabilities to service your organization.

Invoicing Options
From receiving your invoices at your site address or managing them through a centralized billing process, United Site Services has a variety of invoice options to meet your needs. From consolidated invoicing to setting up invoicing on a payment platform our team is ready and capable. When it comes to managing your invoice procurement costs, selecting USS as your partner for temporary site services can assist your company save valuable time and money.

Customer Payment Portal
United Site Services Bill Pay is a secure customer portal to pay United Site Services invoices online in just a few clicks. Customers have the ability to receive electronic invoices and pay their invoices online. Payments reflect on you accounts quickly and it reduces the use of paper by switching to electronic invoices. Saving you time and money.

Single Source Solution
Managing multiple vendors to satisfy your service needs not only increases your cost, but it also consumes your valuable time. With the national footprint and vast capabilities of United Site Services you can eliminate the hassle. Our team makes it easy for you to access our coast-to-coast industry leading inventory. From City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 6 portable restrooms, hand wash stations, holding tanks, fencing to roll offs dumpsters and shower trailers; we have it all. Have a location outside of our service footprint? No problem, USS can still manage your location with our strategic servicing network. Let us develop customer centric program to meet your company’s needs.

Service Efficiency
United Site Services network of locations nationwide are more than capable of deploying to areas of need for both emergency and non-emergency situations. Our expansive coverage area, along with thousands of skilled employees allow us to set up infrastructure quickly. Each branch manages an inventory of equipment and products necessary to support their geographic customer base. In addition, each branch has assigned sales, operations and management teams in place to execute our customer’s requirements. USS is rapidly expanding our national reach through new location openings and acquisitions.

Site Services are crucial for efficient and safe project operations and event management, but they can also present significant logistical and operational challenges. United Site Services handles the complexity and comprehensive needs of your on-site environment, ensuring a hassle-free experience and allowing you to focus on other priorities.

Going beyond merely equipment rentals, we seek to transform how Site Services are performed through a commitment to improving both the on and off-site customer experience.

We Enable Site Services Success Through:

Deep Organizational Expertise
With over two decades of experience, United Site Services has been instrumental in the success of numerous job and event sites, effectively managing the complex needs of various industries, including construction, industrial, government, agricultural, live events, and emergency response.  National Reach and Capacity: With a national footprint and the largest equipment fleet in the industry, United Site Services has the capacity to meet the unique demands of any site environment, ensuring timely and efficient service delivery.
 Comprehensive Range of Equipment: We provide an extensive selection of equipment including portable restrooms, hand hygiene solutions, temporary fencing, trailer solutions, roll-off dumpsters, holding tanks, temporary power, and the Hydroflow sanitation system. We strive to meet all of your job site needs.
 Best Practice Training Programs: Our highly trained workforce leverages deep industry experience and robust training programs to support your project’s success. Every employee has undergone a rigorous background check. From start to finish, we are dedicated to making your job easier and more efficient.

City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 7 UNIFORM SERVICING SYSTEM
Our Fence Technicians are trained in our Uniform
Servicing System to install and secure a variety of fence solutions, providing you with on-site peace of mind.

Audit
 Standing vs Post Driven
 Look for hazards
 Call Dig Safe, if applicable
Install & Secure
 Layout configuration and placement
 Installation
 Secure with sandbags, Big Feet weights, posted line poles, and clamps.

Verify
 Walk fence line to ensure proper installation
 Install privacy screen and/or branding
We offer a wide array of temporary fence solutions to fit your site's needs. Data sheets of the proposed products are attached at the end of this document.

Local Office Capabilities
United Site Services of California is committed to
providing top-quality service. With a wealth of
experience spanning decades, our team is intimately
familiar with the City’s equipment and service needs.

Our expertise extends to managing the nuances of
your permanent facilities, transitional and homeless
housing, events, and the coordination between office
and field personnel.

Our local El Monte branch, located at 4511 Rowland
Ave, El Monte, CA 91731, which will support the City
of Santa Fe Spring fencing project is fully staffed with a team of 35 professional service technicians, eager
to provide superior customer service
City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 8 Our fleet consists of 40 service and delivery trucks, meticulously maintained and operated by uniformed professionals prioritizing safety above all. Our vehicles are equipped with advanced safety features such as backup cameras, interior monitoring systems, and driving sensors to ensure the safe arrival and operation of our team at your locations and events. We strictly adhere to our safety protocols at all times.

Moreover, our staff are experts in secondary containment compliance, hold the necessary licenses, and undergo thorough background checks before joining our team, ensuring trust and reliability in every interaction
United Site Services of California ensures that our service and delivery technicians are not only professionally attired but also equipped with the latest handheld devices to efficiently record service details with datestamped accuracy.

As the trusted provider for the nation’s largest natural disasters, our inventory boasts an unmatched range of fencing solutions. Under the leadership of General Manager Carlos Dubon and Operations Manager Amir Yacoub, our El Monte team excels in operational support and coordination. Our dispatchers and supervisors work tirelessly to assist our technicians on the field, ensuring every customer requirement is met with precision.

Our dedicated operations team, directed by Mr. Yacoub, guarantees that our technicians are fully informed for flawless service delivery. As residents and active participants in the community, our team takes immense pride in contributing to the cleanliness and sanitation of local events, reinforcing our commitment to the neighborhoods we serve.

Matt Sweet, our esteemed Account Executive, will serve as your main point of contact. With robust support from our sales director, general manager, and the comprehensive operational team, including regional leadership, Matt stands out as a seasoned Government Account professional. His 7 years of site services industry experience have honed his expertise in navigating the intricacies of government contracts, managing complex large-scale initiatives, and providing exceptional support services for municipal sites.

Carlos Jesus Gomez, our dedicated and experienced Lead Operation Coordinator, brings many years of experience in overseeing and optimizing field operations. Mr. Gomez leverages his expertise in team management, operational efficiency, and safety compliance to contribute to the success of United Site Services.

Christopher R. Cervantes - Field Operations Manager, an experienced operations leader with over a decade of success in managing engineering, production, and maintenance projects across international boundaries. Mr. Cervantes is skilled in fostering a collaborative environment, developing high-performing teams, and driving operational excellence through streamlined processes and cost-effective solutions.

Proven ability to lead cross-functional teams, implement systems and procedures that enhance productivity, and ensure compliance with quality and safety standards. Experienced in managing projects from planning to execution, including equipment installations and system integrations.

City of Santa Fe Springs
Request for Quotes No. 25 - 7
As-Needed Temporary Fencing and Barriers – Delivery, Installation, and Removal 9 Years in Business
United Site Services of California, Inc. has been in business for over 20 years. The company was registered on August 22, 2001, and started its business operations on March 30, 2004.

Normal Response Time
V. Qualifications
 The Contractor must have sufficient staff to respond to normal scheduled services within forty-eight (48) hours of receiving a service request and respond within eight (8) hours for emergency requests.

United Site Services of California is equipped with the necessary resources and capabilities to respond to routine service requests within 48 hours of receipt.

Emergency Response Time
V. Qualifications
 The Contractor must have sufficient staff to respond to normal scheduled services within forty-eight (48) hours of receiving a service request and respond within eight (8) hours for emergency requests.

United Site Services of California is equipped with the necessary resources and capabilities to respond to emergency service requests within 8 hours of receipt.

Relevant Experience
V. Qualifications
• Prior experience with government and/or commercial entities is preferred.

United Site Services is the premier choice for event professionals seeking temporary fences, barricades, portable restrooms, restroom trailers, and a comprehensive range of temporary site services. Our dedicated Customer Care team excels in personalizing event services to meet your specific needs, while our skilled Service Technicians ensure the timely delivery and setup of your rentals.

We have successfully partnered with numerous clients, including:
 City of Los Angeles – General Services Department
 City of Glendale
 City of Culver City
 Los Angeles Unified School District – Relocatable Housing Unit Department For more details on these references, please refer to “Attachment A – References.”

1.833.USS.FENCE / UnitedSiteServices.com

TEMPORARY FENCE

YOU CAN COUNT ON
Better design, better materials, and improved manufacturing techniques make our temporary fence panels the premier and preferred choice. When it comes to safety, strength and appearance - no other fence alternatives come close.

Safer for the Public
More secure wiring that stays
in place to help protect against
the dangers of unraveled, loose
wires
Can be supported with sandbag
alternatives which vastly
reduces general tripping hazards
The welded rectangular wire
is square shaped making the
panels climb resistant
More Robust and Durable
Incredible joint strength – up to
70% stronger than a traditional
weld
Unparalleled testing procedures
– every single frame tested against
up to 1100 pounds of force
Unlike traditionally manufactured
fences, each and every wire is
welded to the frame to add
support and durability
Professional Appearance
Tensioned mesh gives the frames
a taut and uniform appearance
More professional looking
stabilizer options for added
strength
Custom branding is available to
add an extra touch to your event
surroundings
6 & 8 ft. panel options available
Stabilizers for Extra Support
Sandbag alternative which vastly
reduces general tripping hazards
Add-on stabilizer system to withstand
powerful winds and weatherforce
TEMPORARY FENCE Barricade
We offer a wide array of temporary fence solutions to fit your site's needs. *Options and specifications vary by region and location and may carry additional charges.

1.800.TOILETS
UnitedSiteServices.com
FEATURES:

Like-New, Durable steel barricade crowd control panels.

Lightweight making it easy to maneuver into unique
placement configurations or post delivery.

Prompt Delivery – our skilled fence technicians can be on site for next day delivery (some restrictions apply).

Delivery, set up and pick up performed by experienced,
background checked fence technicians with the finest
equipment in the industry from local branch locations near your neighborhood.

PAIRING OPTIONS*:

Chain link panels
Post driven fence
Portable restrooms
Hand wash stations
Restroom trailers
Shower trailers
SPECIFICATIONS*:

Height: 43”
Width: 90”
Weight: About 30 lbs./panel
Our Barricade Temporary Fencing, also referred to as bike rack fencing or pedestrian barriers, are the leading form of temporary crowd control at large events including concerts, festivals, sporting events and more. Our Barricade Fence is constructed of durable, lightweight steel that when locked together creates a formidable barrier. Our barricade fence can be installed by our expert, background screen technicians or installed by your team.

TEMPORARY FENCE Chain Link Panel
We offer a wide array of temporary fence solutions to fit your site's needs. *Options and specifications vary by region and location and may carry additional charges.

1.800.TOILETS
UnitedSiteServices.com
FEATURES:

Durable, heavy duty steel construction
All hardware for connecting panels included
Heavy-duty T-stands for mounting fence panels
Expert installation by background screened technicians
Easy add-on features for privacy and accessibility
OPTIONS*:
6’ or 8’ Tall Panels
Sandbags
Privacy / Wind Screen
Equipment Gates
Personnel Gates
Post Driven Fence
Barricade Fence
SPECIFICATIONS*:

Height: 6’ or 8’
Width: 10’ or 12’
Gauge: 11.5
Screen Opacity: 75%
Weight: About 73 lbs.

Our Temporary Chain Link Panel Fencing is the perfect
solution for securing your project or event site. Panel fencing helps you protect against unwanted visitors or equipment theft at construction sites and enhances crowd control at large special events. Our durable steel construction chain link fence comes in several sizes to meet your site’s needs and is surfaced mounted on T-Stands, providing the least invasive temporary fence option.

RFQ 25-7
As-Needed Temporary Fencing and Barriers – Delivery, Set-Up, and Removal ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name City of Los Angeles – General Services Department Entity Address 555 RAMIREZ ST SPC 312 LOS ANGELES CA 90012 Name of Contact Martha Medina
Telephone Number of Contact 213-928-9536
Email of Contact [email protected]
Project Title Various over multiple years
Date of Project Multiple event and ongoing projects over many years Entity Name City of Glendale
Entity Address 2200 FERN LN GLENDALE CA 91208
Name of Contact GABRIELLE GOGLIA
Telephone Number of Contact 818-937-7444
Email of Contact [email protected]
Project Title Cruise Night 2024
Date of Project July 2024
Entity Name City of Culver City
Entity Address 9770 CULVER BLVD CULVER CITY CA 90232
Name of Contact Dorian Jackson
Telephone Number of Contact 310-253-6668
Email of Contact [email protected]
Project Title Fiesta La Ballona 2024
Date of Project August 2024
RFQ 25-7
As-Needed Temporary Fencing and Barriers – Delivery, Set-Up, and Removal ATTACHMENT B – Non-Collusion Affidavit

PLEASE SUBMIT THIS NONCOLLUSION DECLARATION WITH YOUR BID DOCUMENTS/PROPOSAL The undersigned declares:

I, ________________________________________________________ [your name], am a representative of __________________________________ [entity bidding], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], a ________________________[city], ______________________[state].

Bidder's Name (Printed):___________________________________________________________ Bidder’s Entity Name:_____________________________________________________________ Bidder's Signature:_______________________________________________________________ Bidder's Title:___________________________________________________________________ Jeff Dunlop United Site Services of California, Inc. Jeff Dunlop United Site Services of California, Inc. Vice President 18 Mar 25 Westborough Massachusetts

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease) which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

ITEM # 21

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Julio Morales, Director of Finance
SUBJECT: AUTHORIZE BID AWARD FOR AS-NEEDED PORTABLE RESTROOMS

AND WASHING STATIONS
DATE: May 20, 2025

RECOMMENDATIONS
It is recommended that the City Council:
1) Authorize awarding an agreement to United Site Services of California (United) in the not-to-exceed amount of $60,000 per fiscal year through March 31, 2028; and 2) Authorize the City Manager to take any further necessary actions regarding this matter.

FISCAL IMPACT
Related expenditure funds will be primarily budgeted annually within the allocation for Parks and Recreation (10106110). Purchase orders will be issued as needed, and funds will not be encumbered until a specific need arises. This will remain in effect through March 31, 2028.

BACKGROUND
The Department of Parks and Recreation is the primary department responsible for scheduling City events. Occasionally, these events require the use of portable restrooms and washing stations to accommodate attendees. Establishing an agreement with a qualified contractor ensures the rental, delivery, maintenance, and pick-up of necessary facilities to locations for events on an as-needed basis. Furthermore, the contract will include standard & handicap portable toilets with hand washing, restroom trailers with sinks, separate hand washing stations, and hand sanitizer stands.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 20, 2025
Authorize Bid Award for Portable Restrooms and Washing Stations

Page 2 of 3 ends

DISCUSSION
A competitive bid was released to ensure that the City has access to contractors to provide the necessary items. In February 2025, the City issued the bid (RFQ No. 25-8) for As-Needed Portable Restrooms and Washing Stations. The bid was posted via PlanetBids on February 20, 2025. In addition to posting on the City's PlanetBids site, the notice was advertised in local newspapers and other electronic sources. Approximately, 110 contractors were notified and 19 registered as prospective bidders.

Prospective bidders were provided details regarding a comprehensive list of required items and services required. The bid closed on Thursday, March 27, 2025. The following is a list of the bidders that responded (in alphabetical order) and their estimated cost for the required services annually:

Affordable Portables (Paramount, CA) $58,928
Platinum Pro Portables (Newhall, CA) $21,615
United Site Services of California (Westborough, MA) $44,556 Platinum Pro Portables was initially the lowest bidder; however, they identified issues with their response. When staff asked them to provide corrections, they were non-responsive to multiple requests. They were provided over thirty (30) days to respond. As a result, the staff considers this bidder as non-responsive. Staff recommends selecting the next lowest, responsive bidder, United. United has previously provided services for the City and consistently does so in a satisfactory manner.

United has previously provided services for the City and consistently does so satisfactorily. Since July 1, 2023, the City has spent approximately $50,400 with United for similar services. For this agreement, staff requests $60,000 annually in anticipation of service increases and potential price increases due to various economic factors.

Upon awarding the agreement, the City's Procurement Division will work directly with the contractors to ensure timely delivery of items and services as needed.

SUMMARY/NEXT STEPS
Staff recommends awarding a multi-year PSA to United for portable restrooms and washing stations as-needed. United has successfully submitted a satisfactory response and agreed to the terms of the City’s service agreement.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 20, 2025
Authorize Bid Award for Portable Restrooms and Washing Stations

Page 3 of 3 ends

ATTACHMENTS
A. Bid Notifications/Results
B. PSA – United
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

City of Santa Fe Springs
Project Participation Report for Project As-Needed Portable Restrooms and Washing Stations (RFQ 25-8) Issued on 02/20/2025
Bid Due on March 27, 2025 2:00 PM (PDT)
Vendor Name Notified Prospective Bidder Bidder Bid Amount Local 1st Jon Inc X X
AECtivity X

ANCON MARINE X
Action Duct Cleaning Company X
Advanced Chemical Transport X
Advantage Event Solutions X
Affordable Portables LLC X X X $58,928.00
Afrd Inc. dba Affordable Signs X
Alpha Petroleum Transport Inc II X
Ameresco, Inc. X
AmmMm inc. X X
AppleOne, Inc. X
Arcadia Translation X
Athens Services X X
Atomic D X
Bid America X
Bread & Water Landscape LLC X
C&NF Enterprises LLC dba: Bio-One of Orange X
CCK Enterprises X
CDM Smith Inc X
CMG Alliance X

COPPER COLLAR SERVICES LLC X X
California Labor Solutions LLC X
California Recycles Inc X
Calstatepipeline inc. X
Carla Hospitality LLC X
Chesed Enterprise Inc. X
Cheyne Burris Inc X
Clean Harbors Environmental Services, Inc. X
Concentric Health Alliance X
Consolidated Disposal Service, L.L.C. dba Republic Services X Construction Bid Source X X
Construction Management Partners Group, Inc. X
Corner Keystone Construction Corporation
X
Cumming Management Group, Inc.X
DeKeyser Investments Inc. DBA Beach AirX
DeltekX
Demo & Abate Inc.X
Diamond Environmental Services LPXX
Dodge Construction NetworkX
Drake & Drake LLCX

EL MONTE RENTS, INCXX
Elevators EtcX
Elizabeth Bacher PhotographyX
Emergency Sanitation Deployment, LLC dba Site Services of AmericaX Entram CorpX
FABOW Software ServicesX
Go-StaffX
Golden Phoenix Construction Company IncX
Goodwill Southern Los Angeles CountyX
Greenway Solid Waste and Recycling, Inc.X
Health Science AssociatesX
Homeboy Recycling, a California social purpose corporationX Hubstar International TechnoligiesX

INTRATEK COMPUTER INCX
IntelesyX
Intuity Management SolutionsX
JHOG Design & Development, INC.X
Johnson Controls Inc.X
KCBEXX
Key DisposalXX
Kleanli.comX
Landscape Maintenance of AmericaX
Lead Pursuits LLCX
Los Angeles Pumping Co., LLCX

M- RE CONSTRUCTION INCX
MSW ConsultantsX
MavenX Technology SolutionsX
Milliman Inc.X
North Star AlliancesX
O.C. Vacuum, Inc.XX
O.C. Vacuum, Inc.XX
OCEAN BLUE ENVIRONMENTAL SERVICES, INC.

X
OFRS, Inc.X
Okapi Architecture Inc.X
Owais Construction GroupX

P&W PAINTING INCORPORATEDX
PATRIOT ENVIRONMENTAL SERVICES, INC.X

PERCEPTIVX

PRIME DVBE, LLCX
PWXPressX
Panico Excavation IncXX
Platinum Pro Portables, Inc.XXX $21,615.00
PoojaXX
Premier Cabling SolutionsX
Q Document SolutionsX
RADgov, Inc.X

REM CUSTOM BUILDERS INCX
Rain for RentX
Red Beach AdvisorsX
RightSource Digital Services, Inc.X
Safety Compliance Services LLCX
Santa Monica Notary & Live ScanX
SmartRise Elevator Servcie IncXX
Stability Technology Partners LLCX
Star Maintenance SupplyX
Strange Paradise LLCX
The Management Authority, Inc. dba Construction Clean Up Company DBE/SBEX The ShreddersX
TierFive Inc.X
Trinus CorporationX
UBEO Business ServicesX

UNIVERSAL WASTE SYSTEMSXX
United Pumping Service, Inc.X
United Site Services of California, IncXXX $44,555.85
Universal E-Waste Collectors, LLCX
Urban Choice Builders Inc.X
Urban Graffiti Enterprises,Inc.X
Valencia's World Of Beauty LLCX
Valley Vista ServicesX
Venture Construction & ManagementX
Viking Staffing CA LLC
X
W J Thompson Enterprises, Inc., DBA Downey Party RentalsXX Waste Resource TechnologiesX
Wildscape RestorationX
Wiz Kid TutorX
Woods Maintenance Services, Inc.X
Zusser Company, Inc.X
waterTALENT LLCX
TOTALS 110 1938
REV032024 Page 1 of 24 United Site Services of CA

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
UNITED SITE SERVICES OF CALIFORNIA, INC.

This Professional Services Agreement (“Agreement”) is made and effective as of May 20, 2025 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and United Site Services of California, Inc., a Massachusetts Corporation (“Consultant”). For the purposes of this Agreement, City and Consultant may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Consultant interchangeably, as appropriate.

RECITALS
WHEREAS, City requires professional consulting services for As-Needed Portable Restrooms and Washing Stations (collectively, the “Project”); and WHEREAS, City staff has determined that Consultant possesses the experience, skills, and training necessary to competently provide such services to City; and WHEREAS, the execution of this Agreement was approved by the City of Santa Fe Springs City Council (“City Council”) at its Regular Meeting of May 20, 2024, under Agenda Item No. _____;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

AGREEMENT

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until March 31, 2028 (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for two (2) additional, one (1) year term, if mutually agreed upon in writing.

2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of REV032024 Page 2 of 24 United Site Services of CA
performance set forth in Exhibit A. To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

3. PERFORMANCE
A. Time is of importance for this Agreement and every provision contained herein.

The Work shall commence upon mutual consent of the Parties subsequent the City’s issuance of a written Notice to Proceed. Consultant shall perform the various tasks identified in, and within the timeframes set forth in, the Scope of Work, and shall complete all of the Work in accordance with the schedule and timeline established by the Parties;
B. Consultant shall, at all times, faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement;
C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among Consultant’s employees; and
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

4. PAYMENT OF COMPENSATION
A. Consultant’s total compensation for the performance of all Work contemplated under this Agreement shall not exceed Sixty Thousand Dollars ($60,000.00) (the “Not-to-Exceed Sum”), per fiscal year (July 1st – June 30th), during the Term of this Agreement, unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any REV032024 Page 3 of 24 United Site Services of CA
additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

D. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Work.

5. ACCOUNTING RECORDS
Consultant will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City will have the right to access and examine such records, without charge, during normal business hours. City will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

6. TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.

7. ABANDONMENT BY CONSULTANT
In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, REV032024 Page 4 of 24 United Site Services of CA
Consultant will deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.

8. CITY’S REPRESENTATIVE
City hereby designates the City Manager (the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his/her designee will act on behalf of the City for all purposes under this Agreement.

Consultant will not accept directions or orders from any person other than the City Representative or his/her designee.

9. CONSULTANT REPRESENTATIVE
Consultant hereby designates Holland Miller, National Sector Account Manager, to act as its representative for the performance of this Agreement (the “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or his/her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to Consultant.

10. COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be reasonably available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or his or her designees.

11. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:

A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
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C. Consultant will perform all Work in a manner reasonably satisfactory to the City; D. Consultant will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom;
E. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and
G. All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.

12. ASSIGNMENT
The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the REV032024 Page 6 of 24 United Site Services of CA
qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Agreement. In recognition of this interest, Consultant agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

13. SUBSTITUTION OF KEY PERSONNEL
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the CITY. The key personnel for performance of this Agreement are as follows: See Exhibit B.

14. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT

CONTRACTOR
The Work will be performed by Consultant or under Consultant’s strict supervision.

Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and will at all times be under Consultant’s exclusive direction and control. Consultant will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

Consultant will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

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15. REMOVAL OF EMPLOYEES OR AGENTS
If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by Consultant and will not be reassigned to perform any of the Work.

16. COMPLIANCE WITH LAWS
Consultant will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. Consultant’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements, Federal Labor Standards Provisions including the prevailing wage requirements of the DBRA, and all applicable regulations of the U.S. Department of Housing and Urbanization.

17. NON-DISCRIMINATION
Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

18. INDEPENDENT CONTRACTOR STATUS
The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City. Consultant will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant will have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.

19. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth REV032024 Page 8 of 24 United Site Services of CA
in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

20. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.

E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in REV032024 Page 9 of 24 United Site Services of CA
the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

F. City does not and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

G. This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

21. TERMINATION WITHOUT CAUSE
City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 22, below.

If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section 25, below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 22, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.

22. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party REV032024 Page 10 of 24 United Site Services of CA
alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, REV032024 Page 11 of 24 United Site Services of CA
insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.

D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
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iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.

G. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.

23. SCOPE OF WAIVER OF DEFAULT
No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

24. SURVIVING ARTICLES, SECTIONS AND PROVISIONS
The termination of this Agreement pursuant to any provision of this Agreement or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

25. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY All Documents and Data will be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant will require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data REV032024 Page 13 of 24 United Site Services of CA
prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

26. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and will not be disclosed by Consultant without prior written consent by City. City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. Consultant will not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

27. FALSE CLAIMS ACT
Consultant warrants and represents that neither Consultant nor any person who is an officer of, in a managing position with, or has an ownership interest in Consultant has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

28. PROHIBITED INTERESTS
Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a REV032024 Page 14 of 24 United Site Services of CA
subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

30. COOPERATION; FURTHER ACTS
The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

31. SUBCONTRACTING
Consultant will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

32. NOTICES
All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office
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To Consultant: United Site Services
118 Flanders Road, Suite 1000
Westborough, MA 01581
Attention: Holland Miller,
National Sector Account Manager
Email - [email protected]
Phone - 208-615-0922
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

33. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

34. GOVERNING LAW
City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

35. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

36. FORCE MAJEURE
The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Consultant and without the fault or negligence of Consultant, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City REV032024 Page 16 of 24 United Site Services of CA
Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

37. AMENDMENTS; MODIFICATIONS
No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

38. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

39. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

40. NO THIRD-PARTY BENEFIT
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

41. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties.

42. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

REV032024 Page 17 of 24 United Site Services of CA

43. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

44. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

45. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

46. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

47. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: Angela Fleming
Title: Government Bid/Contract Lead
Date: ______________________ Date: _______________________ ATTEST:
__________________________
Fernando Munoz, Deputy City Clerk
APPROVED AS TO FORM:
_________________________
_____________, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS

REQUEST FOR QUOTES
RFQ 25-8
As-Needed Portable Restrooms
and Washing Stations
Issue Date: Tuesday, February 25, 2025
Questions Due Date: Thursday, March 13, 2025, at 2 pm Pacific Proposal Due Date: Thursday, March 27, 2025, at 2 pm Pacific

2 (THIS PAGE INTENTIONALLY LEFT BLANK)
3 TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................. 4 II. ABOUT THE CITY OF SANTA FE SPRINGS...................................................................... 4 III. SCHEDULE/TIMELINE ........................................................................................................ 4 IV. SCOPE OF WORK/SPECIFICATIONS................................................................................ 5 V. QUALIFICATIONS/REQUIREMENT.................................................................................... 7 VI. INSTRUCTIONS TO BIDDERS............................................................................................ 7 VII. PROCESS FOR SUBMITTING BIDS................................................................................... 8 VIII. INQUIRIES/QUESTIONS ..................................................................................................... 8 IX. SUBMISSION CRITERIA ..................................................................................................... 8 X. PREVAILING WAGES (IF APPLICABLE) ........................................................................... 8 XI. WAGE RATES FOR STATE-FUNDED PROJECTS/CONTRACTS (IF APPLICABLE) ...... 9 XII. STANDARD TERMS AND CONDITIONS ............................................................................ 9 4 I. Introduction
The City of Santa Fe Springs ("City") is soliciting competitive bids from qualified contractors capable of delivering, installing, and removing portable restrooms and washing stations for various projects and events following the specifications and terms and conditions identified in this Request for Quotes (RFQ).

Through this solicitation process, the City hopes to establish a minimum three (3) year purchase order/agreement with possible extension options. The City may select multiple contractors to ensure the availability and timely delivery of items when needed.

II. About the City of Santa Fe Springs Santa Fe Springs is located in the southeast segment of the County of Los Angeles.

Though incorporated in May 1957, the City's history dates back to 1871 when Dr. James E. Fulton came to the area and discovered a sulfur spring that was later developed into a health spa. Today, the City has approximately 18,800 residents and over 3,000 businesses.

The City provides a full range of municipal services, including police and fire, street maintenance, water utilities, recreational services, public library, and cultural events.

Additionally, the City is responsible for two (2) other legally separate entities, which include the Successor Agency to the Redevelopment Agency and the Housing Successor Agency to the Housing Authority. The City's vision statement affirms, "The City of Santa Fe Springs is a great place to live, work, and play." The mission statement is, "The City of Santa Fe Springs is committed to enhancing the quality of life of its residents and businesses by providing a safe environment, a thriving business community, quality family, youth, and senior services, and sound financial management of the community's resources."
The guiding values are as follows:
• Personal integrity, honesty, and ethics
• Public service
• Compassion
• Responsibility, accessibility, and accountability
• Dedication
III. Schedule/Timeline • Release Solicitation Tuesday, February 25, 2025 • Online Q&A Deadline Thursday, March 13, 2025, 2 pm Pacific • Deadline to Submit Responses Thursday, March 27, 2025, at 2 pm Pacific • City Review of Submissions Early April 2025
• Interviews TBD (If Necessary)
• Notifications to Bidders Mid-April 2025
• Award Late April/Early May 2025
5 IV. Scope of Work/Specifications The City of Santa Fe Springs seeks bids from qualified contractors to provide portable restroom facilities and washing stations. The services requested shall include delivery, set-up, maintenance/repair (for extended use), and removal of all items as needed.

Typically, the units will be used at various City-hosted events within the city limits.

Through this process, the City seeks to identify the highest-qualified bidder to provide these services. A contract/purchase order for three (3) years is being sought with potential extension options.

The City may elect to award multiple contractors to ensure the availability of services.

Specifications
• For durability, each portable toilet must be constructed of high-density polyethylene (HDPE), fiberglass, or some other equally durable material. • Each unit must be at least seven (7) feet tall, ensuring ample space for user comfort.
• The portable toilet units listed in the schedule of bid items are defined as follows:
o Standard Portable Toilet: 4 ft. x 4 ft. base (or equivalent) o ADA Compliant Portable Toilet: 6 ft. x 6 ft. base (with full wheelchair accessibility) (or equivalent)
o VIP/Trailer-Mounted 4-Bay Comfort Station (or equivalent):
§ Shall not exceed 20 ½’ in length.
§ Shall include two (2) female restrooms and two (2) male restrooms; or four (4) family/gender-neutral restrooms
• Each stall must have a locking door for privacy, with easy-to-use exterior operation. • Units must be equipped with a toilet seat, lids, and adequate ventilation. • Units must include hand sanitizer dispensers with eco-friendly sanitizer. • All ADA units must be ADA-compliant, featuring wider doorways and spacious interior dimensions to accommodate individuals with disabilities. • All portable toilets must comply with applicable State and local sanitation standards.
• Each unit must be maintained following guidelines issued by the Occupational Safety and Health Administration (OSHA) to ensure worker and user safety. • Services must comply with the American National Standards Institute (ANSI) standards for portable restroom facilities.
• Portable toilets and washing stations shall be placed on top of secondary containment pans to capture gray water and cleaning solutions during servicing and shall meet California run-off prevention regulations.

Maintenance/Cleaning Services
For units used over an extended period (one or more days), the selected Contractor must schedule regular maintenance and cleaning services.
6 The following provides the minimum standards for maintenance and cleaning requirements:
• All portable toilets and washing stations must be clean, free of graffiti, and in good working condition.
• Toilets and hand washing stations shall be serviced at least once daily, including weekends and holidays, unless the City approves a reduced service schedule. • Each service visit shall include the following:
o Pump out waste.
o Remove litter/trash.
o Clean and disinfect both interior and exterior surfaces. o Provide and replenish toilet paper, paper towels, seat covers, fresh deodorant, hand sanitizer, hand soap, and water, where applicable. o Remove graffiti and/or stickers from the portable toilets and hand wash stations' interiors and exteriors.
o Perform necessary repairs to ensure that toilets and hand wash stations are usable and maintain user privacy where applicable.
• City staff will monitor the units for overall cleanliness and repair.

Maintenance and/or cleaning requests shall be addressed within eight (8) hours for non-emergency situations and within four (4) hours for urgent/emergency requests.
• Service visits must be logged/tracked on the service log, which must include the date/time of the service and the name of the person who provided it.

For a list of the items required, please visit the City's PlanetBids Portal and click the "Line Items" tab.

The Line Item list is limited to the City's commonly used items. The City may require related items that are not included on this list.

Please note that the City makes no commitment to any specific quantities during the agreement's term; actual quantities may vary depending on local needs. Quantities shown in the Line Items (PlanetBids) are annual estimates to evaluate bid results.

Delivery
All delivery locations will be within the City of Santa Fe Springs's limits. At the time of service requests, the City's point of contact will identify the area where all items must be delivered and installed, along with the date and time of delivery.

Price Changes/Adjustments
Any price changes after the initial twelve (12) month period must be negotiated with the City, but they shall not exceed the most recent available Los Angeles—Long Beach— Anaheim, CA Consumer Price Index (CPI) for all urban consumers. If prices increase 7 beyond the CPI, the bidder must provide verifiable evidence from the product manufacturer to support a requested increase. It will be at the sole discretion of the City to accept or reject such an increase.

V. Qualifications/Requirement • Minimum three (3) years of experience in delivery and servicing of portable restroom facilities which includes portable toilets, hand washing stations, and comfort stations. Experience with another public entity is preferred. • From the start until the completion of work, the Contractor and any Subcontractors shall possess a valid Business License issued by the City. • Must have the ability to respond within forty-eight (48) hours for regular service requests.
• The Contractor must be able to arrive within four (4) hours after the initial call back upon request for emergency delivery and cleaning services as needed. • Have qualified personnel with prerequisite knowledge and experience in portable restroom facilities delivery services.
• Pickup requests shall be completed within twenty-four (24) hours of service cancellation (e.g., phone call, email, text message). Additional day-use charges shall not apply to units picked up after this period.

VI. Instructions to Bidders
Interested bidders should submit a complete bid for the items/services they can provide to the City. When preparing your submittal, please reference the list below to ensure all available items have been included. All submissions must consist of the following:

A. Cover/Introductory Letter that includes the following:
• Business name
• Address
• Contact Person Name/Title
• Email Address and Phone Number
• Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, and describe any relevant experience)
• Additional Services Offered (if any)
B. Cost Proposal (Please use the Line-Item Tab in PlanetBids to submit your pricing for the requested items. Supplemental attachments that provide additional information are acceptable)
C. References (See Attachment A)
D. Non-Collusion Affidavit (See Attachment B)
8 VII. Process for Submitting Bids
All bids must be submitted electronically via PlanetBids. Submissions must be received by Thursday, March 27, 2025, at 2 pm Pacific. Submissions will not be accepted after this deadline. Faxed, mailed, or emailed submissions will not be accepted.

To access the City’s PlanetBids website, please visit:
https://vendors.planetbids.com/portal/65093/portal-home Prospective bidders must register with PlanetBids before being able to view or submit a response.

VIII. Inquiries/Questions
Inquiries/questions regarding this solicitation must be submitted via PlanetBids by Thursday, March 13, 2025, at 2 pm Pacific.

IX. Submission Criteria
The City may contact and evaluate the bidder's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of submission; and seek and review any other information deemed pertinent to the evaluation process.

After submissions have been reviewed, discussions with prospective firms may or may not be required. An electronic notice may be sent to the bidders selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing bidders unless an agreement is reached. If contract negotiations cannot be concluded successfully and expeditiously, the City may negotiate with another bidder or withdraw the solicitation.

X. Prevailing Wages (If Applicable)
Legislation by the State of California imposes prevailing wage requirements on the work to be performed by the vendor/contractor during the term of this agreement.

Department of Industrial Relations (DIR) Registration Requirements:

No vendor/contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.l(a)].

No vendor/contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5.
9 This vendor/contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Vendor/Contractor acknowledges and agrees that it is responsible for compliance with all state law requirements governing employment and payment of apprentices, as outlined in Labor Code section 1777.5, and elsewhere, which this reference fully incorporates herein.

XI. Wage Rates for State-funded Projects/Contracts (if
Applicable)
Bid specifications require the vendor/contractor and any subcontractors to pay prevailing wage ("Prevailing Wage Rates") to persons they employ for work under this contract.

Following the provisions of Section 1773 of the Labor Code of the State of California, the City has ascertained the general prevailing wage scales applicable to the work to be done.

The prevailing wage scales are those determined by the Director of Industrial Relations, State of California.

The State prevailing wage rates determination is available directly from the State of California Director of Industrial Relations's home page, www.dir.ca.gov/dlsr/.

XII. Standard Terms and Conditions
A. Specifications and Qualifications: Bidders shall carefully review all specifications, drawings, scopes of work, and any other bid requirements, including but not limited to insurance, bonding, licensing, references, affidavits, certifications, etc., that may be called for in the bid documents, to ensure qualifications and submission of a responsive bid or proposal. All requirements specified in the bid documents will be made a part of any contract with the successful bidder.

B. Questions: Any questions concerning this bid request are to be directed in writing to the City's Procurement Manager or the person named in the bid documents electronically by the date indicated in the bid. If no specific date is indicated, questions are due no later than seven (7) calendar days before the scheduled bid submittal date. Attempts to obtain information from other City employees or representatives during the bid cycle may disqualify a bidder. Answers to such inquiries and any revision, deletion, or addition to the bid will be posted on the City's PlanetBids website. Bidders should check the website for any addendums prior to submitting their bid.

C. Price Errors/Discrepancies: In the event of discrepancies between totals, unit price extensions, and summaries of totals, the unit price correctly extended will control.
10 D. Single or Multiple Awards: If more than one item appears on the bid proposal form and no statement to the contrary is set forth therein, the City reserves the right to:

1. Make multiple awards based upon prices submitted; or

2. Make one award based upon the total price of all items.

E. Open Competition: The City encourages all qualified business firms to submit proposals. The Department of Finance will assist by providing detailed instructions, procurement policies, and other relevant information upon request to any potential bidder seeking assistance.

F. Federally Funded Purchases: For projects designated as federally funded, the successful bidder will be required to certify prior to award that it has a written affirmative action program and complies with all federal, State, and local laws and regulations pertaining to affirmative action and non-discrimination.

Vendor/contractor must also certify that they have not been disbarred and comply with any additional Federal regulations that may be indicated within the specific bid documents. When this provision is applicable to the bid, this certification shall be made on the bid form that will be provided with the bid documents.

G. New Materials: Unless a bid specification calls for used, refurbished or recycled materials, all items or materials bid and supplied to the City are to be new, unused products.

H. Alternates/Substitutions: When bidding an item believed to be equal to that specified where equals are called for, sufficient supporting data to enable the City to determine whether the proposed item is equal must accompany your bid.

Vendors/Contractors should refer to the specification pages to determine if alternate products or specifications will be considered, and to determine any prequalification requirements that may be applicable.

I. Exceptions: Exceptions to the City's specifications, terms, or conditions taken at the time of or after bid submittal may render the bid non-responsive and result in disqualification. Vendors/Contractors wishing to request such exceptions are requested to notify the City of such a request prior to the bid due date to allow for consideration and notification of acceptance or rejection of such request.

J. Lowest Responsive, Responsible Bidder: It is understood that, except as may be otherwise expressly provided in the bid documents, the award will be made to the lowest responsive, responsible bidder where the bids are for identical items or supplies, subject to the right to reject any and all bids. When bids call for articles or supplies that are similar but of different brands or make, the City may accept the bid of the bidder who submits the article or supply which, in the City's judgment, is deemed best for the City, although it may not be the lowest bid. 11 K. Sales Tax/Taxes: The City’s sales tax rate is 10.5%. When submitting their response, bidders should submit their bid prices without including sales taxes. The City is exempt from Federal Excise tax.

L. Informality or Irregularity: The City reserves the right to waive any informality or irregularity in a bid when it is in the City's advantage and best interest to do so. It is further understood that if the bidder to whom any award is made fails to enter into an agreement in a timely manner, the award may be made to the next lowest responsible bidder, who shall be bound to perform as if he had received the award in the first instance.

M. Discounts/Rebates: All discounts or proposed rebates must be incorporated as reductions in the bid prices and not shown separately. The price shown in the unit price and its extension shall be used in determining the award.

N. Payment Terms: The City's standard payment terms are net 30 days. Payment will be made within thirty days of acceptance of goods or services and receipt of invoice, whichever occurs last. Discount payment terms may be offered; however, they will not be considered in determining lowest responsive bid award.

O. Non-Collusion: By submitting a bid, bidder certifies they have not divulged, discussed or compared their bid with other bidders, nor colluded with any other bidder or parties to the request for bid.

P. Applicable Laws: All applicable laws and regulations of the State of California, County of Los Angeles, and City of Santa Fe Springs will apply to any resulting agreement, contract, or purchase order. Bidders are responsible to comply with all Federal, State and local rules, regulations and requirements applicable to their provision of the items and/or services to the City.

Q. Patents, Royalties, and License Fees: Should any articles being bid be protected by patent, copyright, royalties, and/or license fees, the successful bidder shall include any such royalties or license fees in their bid price and defend all suits or claims for infringement of any patent right against the City. Successful bidder shall hold the City of Santa Fe Springs harmless from any loss on account thereof and cost and attorney’s fees incurred, therefore.

R. Quality Guaranty: All items furnished shall be new, of good workmanship, in full accordance with the specifications, and free of defects. Items will be subject to inspection by the City. If any product or service delivered shows evidence of shipping damage or defects, does not meet applicable specifications, or does not perform to the standards the vendor/contractor represents, the City shall reject same. The vendor/contractor will refund the money that has been paid and bear all costs of removal and return of the products. Unless otherwise specified, all products provided shall have a warranty of at least twelve (12) months on workmanship, parts, and labor.
12 S. Hold Harmless and Indemnification: The successful bidder shall agree to indemnify, defend and hold harmless the City (including its employees, officials, and representatives) from and against any and all claims of any kind or nature presented against the City arising out of vendor's/Contractor's (including employees, representatives, products and subcontractors) performance under any purchase order or agreement resulting from this bid, excepting only such claims, costs or liability which may arise out of the sole negligence of the City.

T. Bonding and Insurance Requirements: Some purchases may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is needed, bonds shall be submitted in a form acceptable to the City. When work will be performed on City property, the City's standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.

Commercial General Liability $2,000,000
Business Automobile Liability $1,000,000
Professional Liability or Errors and Omissions $2,000,000 Workers' Compensation and Employer's Liability $1,000,000 Cyber Liability Insurance $1,000,000
Tech. Professional Liability Errors & Omissions $2,000,000 City of Santa Fe Springs to be named as an Additional Insured. In addition, coverage shall be primary non-contributory. All policies shall provide for a minimum of thirty (30) days written notice of any change or cancellation. Insurance policies to be in a form and written through companies acceptable to the City.

Vendors/contractors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed case-by-case, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

U. Addenda: Any changes, deletions, or additions to this bid solicitation will be made by addendum numbered sequentially and posted via PlanetBids.

V. Right to Reject: The City of Santa Fe Springs reserves the right to accept or reject any/all bids.

W. Extension to Other Public Agencies: The awarded bidder(s), at their discretion, may offer the prices, terms, and conditions of this bid to other public agencies with the mutual agreement of both the entity and bidder. All requirements of the specifications, purchase orders, invoices, and payments with other agencies would 13 be directly with the awarded bidder. The City will not be held responsible for any dispute that arise as a result of such an agreement.

Please review:

Attachment A – References
Attachment B – Non-Collusion Affidavit
Attachment C – Draft Professional Services Agreement
11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 8
As-Needed Portable Restrooms and Washing Stations
ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 8
As-Needed Portable Restrooms and Washing Stations
ATTACHMENT B – Non-Collusion Affidavit
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
The undersigned declares:

I, ________________________________________________________ [your name], am a representative of __________________________________ [entity bidding], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], a ________________________[city], ______________________[state].

Bidder's Name (Printed):___________________________________________________________ Bidder’s Entity Name:_____________________________________________________________ Bidder's Signature:_______________________________________________________________ Bidder's Title:___________________________________________________________________

Page 1 of 24 ends

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
______________________________________________
This Professional Services Agreement (“Agreement”) is made and effective as of ________________ (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and _______________________ (“Consultant”).

For the purposes of this Agreement, City and Consultant may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Consultant interchangeably, as appropriate

RECITALS
WHEREAS, City requires professional consulting services for _______________ (collectively, the “Project”); and
WHEREAS, City staff has determined that Consultant possesses the experience, skills, and training necessary to competently provide such services to City; and WHEREAS, the execution of this Agreement was approved by the City of Santa Fe Springs City Council (“City Council”) at its Regular Meeting of ___________ under Agenda Item No. _____;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

AGREEMENT

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until ____________________ (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional, one (1) year term, if mutually agreed upon in writing.

2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of

Page 2 of 24 ends

performance set forth in Exhibit A. To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

3. PERFORMANCE
A. Time is of importance for this Agreement and every provision contained herein.

The Work shall commence upon mutual consent of the Parties subsequent the City’s issuance of a written Notice to Proceed. Consultant shall perform the various tasks identified in, and within the timeframes set forth in, the Scope of Work, and shall complete all of the Work in accordance with the schedule and timeline established by the Parties;
B. Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement;
C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among Consultant’s employees; and
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law

4. PAYMENT OF COMPENSATION
A. Consultant’s total compensation for the performance of all Work contemplated under this Agreement shall not exceed ________________________Dollars ($______________) per fiscal year (July 1st – June 30th) during the Term of this Agreement unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any

Page 3 of 24 ends

additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant..

D. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Work.

5. ACCOUNTING RECORDS
Consultant will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City will have the right to access and examine such records, without charge, during normal business hours. City will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

6. ABANDONMENT BY CONSULTANT
In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, Consultant will deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.

7. CITY’S REPRESENTATIVE
City hereby designates _________________, City Manager (the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his/her designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or his/her designee.

8. CONSULTANT REPRESENTATIVE

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Consultant hereby designates _______________, [Title], to act as its representative for the performance of this Agreement (the “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or his/her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.

Notice to the Consultant Representative will constitute notice to Consultant.

9. COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be reasonably available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or his or her designees.

10. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:

A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
C. Consultant will perform all Work in a manner reasonably satisfactory to the City; D. Consultant will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom;
E. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and

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G. All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.

11. ASSIGNMENT
The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Agreement. In recognition of this interest, Consultant agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

12. SUBSTITUTION OF KEY PERSONNEL
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative,

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incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the CITY. The key personnel for performance of this Agreement are as follows: _________________________________.

13. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT

CONTRACTOR
The Work will be performed by Consultant or under Consultant’s strict supervision.

Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and will at all times be under Consultant’s exclusive direction and control. Consultant will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

Consultant will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

14. REMOVAL OF EMPLOYEES OR AGENTS
If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by Consultant and will not be reassigned to perform any of the Work.

15. COMPLIANCE WITH LAWS
Consultant will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. Consultant’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements, Federal Labor Standards Provisions including the prevailing wage requirements of the DBRA, and all applicable regulations of the U.S. Department of Housing and Urbanization.

16. NON-DISCRIMINATION

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Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

17. INDEPENDENT CONTRACTOR STATUS
The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City.

Consultant will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant will have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.

18. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.

19. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.

E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

F. City does not and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not

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any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

G. This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

20. TERMINATION WITHOUT CAUSE
City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 21, below.

If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section 24, below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 21, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.

21. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of

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the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any

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undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.

D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.

G. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid

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sums lawfully owed to Consultant under this Agreement for completed services and tasks.

22. SCOPE OF WAIVER OF DEFAULT
No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

23. SURVIVING ARTICLES, SECTIONS AND PROVISIONS
The termination of this Agreement pursuant to any provision of this Agreement or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

24. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY All Documents and Data will be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant will require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

25. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and will not be disclosed by Consultant without prior written consent by City. City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. Consultant will not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade

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paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

26. FALSE CLAIMS ACT
Consultant warrants and represents that neither Consultant nor any person who is an officer of, in a managing position with, or has an ownership interest in Consultant has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

27. PROHIBITED INTERESTS
Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from

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informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

29. COOPERATION; FURTHER ACTS
The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

30. SUBCONTRACTING
Consultant will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

31. NOTICES
All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office

To Consultant: _______________________
_______________________
_______________________
Attention:

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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32. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.

33. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

34. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

35. FORCE MAJEURE
The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Consultant and without the fault or negligence of Consultant, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

36. AMENDMENTS; MODIFICATIONS
No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

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37. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

38. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

39. NO THIRD-PARTY BENEFIT
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

40. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties

41. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

42. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

43. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision

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in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

44. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

45. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

46. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Fernando Munoz, Deputy City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Rick Olivarez, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements

EXHIBIT A
CITY’S REQUEST FOR PROPOSALS

EXHIBIT B
CONSULTANT’S PROPOSAL

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease), which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

Notice Inviting Bids
City of Santa Fe Springs
Request for Quotes No. 25-8
As-Needed Portable Restrooms and Washing Stations
The City of Santa Fe Springs invites bids from qualified contractors to provide portable restrooms and washing station on an as-needed basis in accordance to the terms and conditions of Request for Quotes (RFQ) No. 25-8.

To view the complete proposal package and associated documents, visit https://pbsystem.planetbids.com/portal/65093/portal-home and click “Bid Opportunities” or https://vendors.planetbids.com/portal/65093/bo/bo-detail/125947 to access the project directly. You can also visit the City's website and find the link above on the "Bids & Proposals" webpage.

Questions/inquiries regarding this opportunity must be submitted via the PlanetBids Portal by Thursday, March 13, 2025, at 2 pm Pacific. The City will not respond to any questions/inquiries submitted after this deadline.

Please review all related documents in their entirety before submitting a response.

Responses must be submitted electronically via the City’s PlanetBids Portal by Thursday, March 27, 2025, at 2 pm Pacific. Any proposals received after this deadline will be deemed non-responsive, and the City reserves the right to reject them.

Responses to this request will be evaluated to determine the most qualified and responsive vendors. Responses must adhere to the format and content described in the RFQ. Responses will not be evaluated unless all parts requested are submitted in a complete package.

EXHIBIT B
CONSULTANT’S PROPOSAL
City of Santa Fe Springs
As-Needed Portable Restrooms and Washing Stations (RFQ 25-8), bidding on 03/27/2025 2:00 PM (PDT)

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PlanetBids
City of Santa Fe Springs
As-Needed Portable Restrooms and Washing Stations (RFQ 25-8), bidding on 03/27/2025 2:00 PM (PDT)

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Printed 04/07/2025
PlanetBids
City of Santa Fe Springs
As-Needed Portable Restrooms and Washing Stations (RFQ 25-8), bidding on 03/27/2025 2:00 PM (PDT)

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Printed 04/07/2025
PlanetBids
A. Cover/Introductory Letter
March 27, 2025
United Site Services of California, Inc
4511 Rowland Ave
El Monte, CA 91731
United Site Services is the nation’s leading Site Services provider, leveraging a national footprint, providing the largest equipment fleet and deploying a standardized servicing methodology that ensures consistent quality and safety of on-site equipment use. For over 25 years, we have helped enable job and event site success, successfully managing the complex needs of construction, industrial, and agricultural sites, live events, government and emergency response scenarios. We are committed to transforming the Site Services industry by setting new standards in servicing equipment and customer experience and making our customers on and off-site jobs easier.

Our team understands City of Santa Fe Springs seeks bids from qualified contractors to provide portable restroom facilities and washing stations. The selected bidder will furnish, delivery, set-up, maintenance/repair (for extended use), and removal of all items as needed, in various City-hosted events within the city limits. The City should provide trash receptacles because United Site Services' permitting regulations prohibit the hauling and disposal of trash.

Business Name United Site Services of California, Inc.

Address 4511 Rowland Ave, El Monte, CA 91731
Contact Person Name/Title Matt Sweet, Account Executive E-mail Address and Phone Number [email protected]; +1 714-292-2865 Whether it’s a construction site, an outdoor event, or any other temporary location, United Site Services strives to provide the necessary facilities and services to support people’s well-being and productivity. Our team stands ready to provide world-class products, service, and support. We offer to work closely with your personnel to ensure that your service needs are met well into the future.

United Site Services offers a range of essential temporary services to meet various needs. Here are some of the services we provide:
• Portable Restrooms: United Site Services ensures access to clean and well-maintained portable restrooms. United Site Services offers a variety of options to suit different requirements. • Hand Hygiene Solutions: In addition to portable restrooms, United Site Services provides hand washing stations and sanitizing stations. Proper hand hygiene is crucial for health and safety, especially in high-traffic areas. • Portable Restroom Trailers: For larger events or extended use, United Site Services has restroom trailers equipped with amenities like sinks, mirrors, and lighting.
• Temporary Fence: United Site Services offers prompt temporary fence rental, delivery, and installation. Temporary fencing helps secure job sites, events, and other locations, providing safety and control. • Roll-off Dumpsters: Efficient waste management is essential. United Site Services provides roll-off dumpsters for easy disposal of construction debris, trash, and other materials. • Holding Tanks: These tanks are used for waste storage and management, particularly in areas without sewer connections.
• Temporary Power: When power is needed at temporary sites, United Site Services offers solutions to meet those requirements.
• Hydroflow Sanitation System: These systems create a more sanitary and sustainable restroom experience with vacuum technology.

United Site Services’ commitment to exceptional customer service and reliable solutions makes us a trusted partner for various industries, including construction, agriculture, government, emergency response, and special events. You can count on United Site Services for all your site needs! We wish our relationship, providing you with the certainty that the temporary services in your facilities are functioning at their optimum level.

City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
2 Statement of Capabilities
We understand the RFP requires the following:

VI. Instructions to Bidders
A. Cover/Introductory Letter that includes the following:
• Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, and describe any relevant experience) United Site Services is a leading provider of temporary site services in the United States. Founded in 1999, United Site Services is a privately held company that has grown exponentially into the nation’s leader of temporary site services. As the largest provider of temporary site services across the country, United Site Services has the experience, equipment, personnel and servicing capabilities to meet the expectations of our customers for all of their temporary site service needs.

With over 120 locations nationwide and the largest unmatched fleet of portable sanitation equipment, United Site Services is a trusted solution that consistently provides its customers with the best quality, value, and service. We currently have an extremely diverse and energized workforce of over 4000 employees, who are empowered to provide solutions in their specialized fields every single day.

What We Offer
• Portable Restrooms
• Portable Restroom Trailer
• Temporary Fence
• Roll Off Dumpsters
• Hand Washing
• Temporary Power
• Shower Trailers
• Holding Tanks
• Other Services
We provide support to approximately
115,000 active customers coast-tocoast, across diverse industry, including a wide range of commercial
City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
3 and residential construction companies, Fortune 500 companies, and Federal Government agencies such as FEMA and the Department of Defense. We partner with many federal, state, and local government agencies across the United States, including universities, municipalities, school districts, and counties.

Our fleet includes:
• 200,000+ Premium, American Disabilities Act (ADA) compliant, and handicap portable toilets throughout our 115+ branch locations nationwide • 11,000+ temporary hand wash stations
• 2,100+ service, pick-up, and delivery vehicles 800+ portable restroom trailers and shower trailers ranging from basic to elegant in many different sizes, strategically located at our trailer hubs across the US.

Customers We Serve - Servicing a Diverse Range of Sectors • Commercial Construction: Skyscrapers, commercial buildings • Residential Construction: Residential developments, home renovations • Industrial: Maintenance, refineries, global energy companies • Events: Festivals, sporting events, weddings, marathons, inaugurations, backyard barbecues • Emergency Response: Natural disasters, crisis situations, pandemics • Agriculture: Wholesale nursery growers, fruit and vegetable producers • Government: Municipal projects, military bases, parks City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
4 We are customer-centric. Our customers are at the center of all we do. United Site Services is unique and stands apart because we cover the largest footprint compared to many other site services companies. The closest competitor is 1/10th our size. We have an unmatched fleet, provide each customer with a dedicated account manager and a 24/7 customer service line which provides customers with a one-call resolution.

United Site Services uses QR code technology to track the movement and servicing of our assets. Our service technicians are trained in our leading Uniform Servicing System that ensures consistent and safe sanitation services at every service location.

We are the industry leader in planning and deploying large-scale temporary site services. With our flexible and scalable services, we can adjust our approach to meet the changing needs of the event, and make sure to keep the restroom facilities safe and clean all day and night. • Project Management - Dedicated team focused on risk management, allocation of resources, budgeting and specialists for each product
• Reliability - 20+ years of experience with a strong reputation providing quality service to headline events across the county
• Equipment - Large, diverse inventory of portable restrooms so we are always able to deliver with new investments each year so the appearance is professional and clean • Footprint - Network of 120+locations coast-to-coast,
Customizable Service Capabilities
United Site Services has the experience, equipment, personnel and servicing capabilities to meet the expectations of our customers for all their temporary site service needs. As a United Site Services customer, you will have access to our vast inventory of equipment and services we offer. We recognize every customer's needs differ and at United Site Services our professionally trained team members can assist your locations to develop an appropriate service schedule that meets your expectations. Whether it’s reducing the number of vendors being used or how you receive invoices, cut out unnecessary costs by leveraging our capabilities to service your organization.

Invoicing Options
From receiving your invoices at your site address or managing them through a centralized billing process, United Site Services has a variety of invoice options to meet your needs. From consolidated invoicing to setting up invoicing on a payment platform our team is ready and capable. When it comes to managing your invoice procurement costs, selecting USS as your partner for temporary site services can assist your company save valuable time and money.

Customer Payment Portal
United Site Services Bill Pay is a secure customer portal to pay United Site Services invoices online in just a few clicks. Customers have the ability to receive electronic invoices and pay their invoices online. Payments reflect on you accounts quickly and it reduces the use of paper by switching to electronic invoices. Saving you time and money.

Single Source Solution
City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
5 Managing multiple vendors to satisfy your service needs not only increases your cost, but it also consumes your valuable time. With the national footprint and vast capabilities of United Site Services you can eliminate the hassle. Our team makes it easy for you to access our coast-to-coast industry leading inventory. From portable restrooms, hand wash stations, holding tanks, fencing to roll offs dumpsters and shower trailers; we have it all. Have a location outside of our service footprint? No problem, USS can still manage your location with our strategic servicing network. Let us develop customer centric program to meet your company’s needs.

Service Efficiency
United Site Services network of locations nationwide are more than capable of deploying to areas of need for both emergency and non-emergency situations. Our expansive coverage area, along with thousands of skilled employees allow us to set up infrastructure quickly. Each branch manages an inventory of equipment and products necessary to support their geographic customer base. In addition, each branch has assigned sales, operations and management teams in place to execute our customer’s requirements. USS is rapidly expanding our national reach through new location openings and acquisitions.

We are customer centric. Our customers are at the center of all we do. United Site Services is unique and stands apart from the competition because we cover the largest footprint compared to any other site services company. The closest competitor is 1/10th our size. We have an unmatched fleet and provide each customer with a dedicated account manager and a 24/7 customer service line which provides customers with a onecall resolution. United Site Services uses QR code technology to track the movement and servicing of our assets. Our service technicians are trained in our leading Uniform Servicing System that ensures consistent and safe sanitation services at every service location.

Site Services are crucial for efficient and safe project operations and event management, but they can also present significant logistical and operational challenges. United Site Services handles the complexity and comprehensive needs of your on-site environment, ensuring a hassle-free experience and allowing you to focus on other priorities.

Going beyond merely equipment rentals, we seek to transform how Site Services are performed through a commitment to improving both the on and off-site customer experience.

We Enable Site Services Success Through:

Deep Organizational Expertise
With over two decades of experience, United Site Services has been instrumental in the success of numerous job and event sites, effectively managing the complex needs of various industries, including construction, industrial, government, agricultural, live events, and emergency response. • National Reach and Capacity: With a national footprint and the largest equipment fleet in the industry, United Site Services has the capacity to meet the unique demands of any site environment, ensuring timely and efficient service delivery.
• Comprehensive Range of Equipment: We provide an extensive selection of equipment including portable restrooms, hand hygiene solutions, temporary fencing, trailer solutions, roll-off dumpsters City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
6 , holding tanks, temporary power, and the Hydroflow sanitation system. We strive to meet all of your job site needs.
• Best Practice Training Programs: Our highly trained workforce leverages deep industry experience and robust training programs to support your project’s success. Every employee has undergone a rigorous background check. From start to finish, we are dedicated to making your job easier and more efficient.

All our portable restrooms go through full inspection at our service branches before delivery. Please refer to the “Uniform Servicing Systems” inspection checklist submitted on the following page.

Our experienced technicians will deliver equipment on-site. We are committed to delivering the highest quality service.
• Cleaned and fully stocked
• Restroom units are charged with water and deodorizer tablet • Service sticker attached to unit
• Fully functional locking door
• Handwash stations – foot pump intact and not leaking

UNIFORM SERVICING SYSTEM
United Site Services is committed to the highest quality cleaning, every time we perform a service. Our industry-leading practices were developed over twenty years to create an experience that you will be proud to provide your patrons.

United Site Services has developed a repeatable servicing process for Portable Restrooms, helping to ensure consistency across the geographies, industries, and customers we serve. We see providing the equipment itself as just the baseline—in order to truly make your on-site job easier, servicing these on-site activities is essential to how we support our customers. We offer a uniform service system.

Audit
• Access Unit Placement
• Scan Restroom Barcode
• Inspect Restroom
Clean
• Pump Tank
• Clean Interior
• Charge the Restroom
City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
7 • Dry Interior
Restore
• Refill Supplies
• Disinfect
• Verify Service
At United Site Services we have the largest team of service technicians, so no matter where your event is, or how large it is, our team is ready to back you up. Our field technicians are rigorously trained in our servicing processes, and their performance is closely monitored through internal metrics. These "repeatable processes" guarantee consistency and reliability, setting a benchmark for our expectations and yours.

The data sheets of the proposed products are submitted at the end of this document.

Local Office Capabilities
United Site Services of California is committed to providing top-quality service. With a wealth of experience spanning decades, our team is intimately familiar with the City’s equipment and service needs. Our expertise extends to managing the nuances of your permanent facilities, transitional and homeless housing, events, and the coordination between office and field personnel.

Our local El Monte branch, located at 4511 Rowland Ave, El Monte, CA 91731, which will support the City of Santa Fe Spring fencing project is fully staffed with a team of 35 professional service technicians, eager to provide superior customer service
Our fleet consists of 40 service and delivery trucks,
meticulously maintained and operated by uniformed
professionals prioritizing safety above all. Our vehicles are equipped with advanced safety features such as backup
cameras, interior monitoring systems, and driving sensors to ensure the safe arrival and operation of our team at your locations and events. We strictly adhere to our safety
protocols at all times.

Moreover, our staff are experts in secondary containment compliance, hold the necessary licenses, and undergo thorough background checks before joining our team, ensuring trust and reliability in every interaction
United Site Services of California ensures that our service and delivery technicians are not only professionally attired but also equipped with the latest handheld devices to efficiently record service details with datestamped accuracy.

City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
8 As the trusted provider for the nation’s largest natural disasters, our inventory boasts an unmatched range of fencing solutions. Under the leadership of General Manager Carlos Dubon and Operations Manager Amir Yacoub, our El Monte team excels in operational support and coordination. Our dispatchers and supervisors work tirelessly to assist our technicians on the field, ensuring every customer requirement is met with precision.

Our dedicated operations team, directed by Mr. Yacoub, guarantees that our technicians are fully informed for flawless service delivery. As residents and active participants in the community, our team takes immense pride in contributing to the cleanliness and sanitation of local events, reinforcing our commitment to the neighborhoods we serve.

Matt Sweet, our esteemed Account Executive, will serve as your main point of contact. With robust support from our sales director, general manager, and the comprehensive operational team, including regional leadership, Matt stands out as a seasoned Government Account professional. His 7 years of site services industry experience have honed his expertise in navigating the intricacies of government contracts, managing complex large-scale initiatives, and providing exceptional support services for municipal sites.

Carlos Jesus Gomez, our dedicated and experienced Lead Operation Coordinator, brings many years of experience in overseeing and optimizing field operations. Mr. Gomez leverages his expertise in team management, operational efficiency, and safety compliance to contribute to the success of United Site Services.

Christopher R. Cervantes - Field Operations Manager, an experienced operations leader with over a decade of success in managing engineering, production, and maintenance projects across international boundaries. Mr. Cervantes is skilled in fostering a collaborative environment, developing high-performing teams, and driving operational excellence through streamlined processes and cost-effective solutions.

Proven ability to lead cross-functional teams, implement systems and procedures that enhance productivity, and ensure compliance with quality and safety standards. Experienced in managing projects from planning to execution, including equipment installations and system integrations.

Years in Business
United Site Services of California, Inc. has been in business for over 20 years. The company was registered on August 22, 2001, and started its business operations on March 30, 2004.

Normal Response Time
V. Qualifications/Requirements
• Must have the ability to respond within forty-eight (48) hours for regular service requests.

United Site Services of California is equipped with the necessary resources and capabilities to respond to routine service requests within 48 hours of receipt.

City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
9 Emergency Response Time
V. Qualifications/Requirements
• The Contractor must be able to arrive within four (4) hours after the initial call back upon request for emergency delivery and cleaning services as needed.

United Site Services of California is equipped with the necessary resources and capabilities to respond to emergency service requests within 4 hours of receipt.

Relevant Experience
V.I Instructions to Bidders
Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, and describe any relevant experience) United Site Services is the premier choice for event professionals seeking portable restrooms, restroom trailers, temporary fences, barricades, and a comprehensive range of temporary site services. Our dedicated Customer Care team excels in personalizing event services to meet your specific needs, while our skilled Service Technicians ensure the timely delivery and setup of your rentals.

We have successfully partnered with numerous clients, including:
• City of West Covina
• City of Glendale
• City of Culver City
For more details on these references, please refer to “Attachment A – References.” Additional Services Offered
United SIte Services deploys a standardized servicing approach for a comprehensive range of site equipment, ensuring consistent quality and safety of on-site equipment. Our fleet includes portable restrooms, hand hygiene solutions, temporary fence, trailer solutions, roll-off dumpsters, holding tanks, temporary power and the HydroFlow sanitation system.

With a national footprint, the largest equipment of fleet and industry leading safety and service standards, United Site Services has an unmatched ability to meet the unique needs of any site environment.

HYDROFLOW SYSTEM
The HydroFlow Sanitation System is a modular system of
restrooms, showers and sinks that utilizes clean, reliable vacuum flush technology that is now being deployed to
improve the sanitation industry and end user experience.

Customers choose HydroFlow for its rapid deployment,
sustainability, customizable configurations, and
comprehensive sanitation solutions.

City of Santa Fe Springs
Request for Quotes No. 25 – 8
As-Needed Portable Restrooms and Washing Stations
10 Our team is trained in a repeatable process that ensures consistent installation and ongoing servicing quality.

HOLDING TANKS
Holding Tanks For off-grid sites lacking fresh water access or in need of off-grid waste storage, United Site Services provides non-potable water holding tanks and waste
holding tanks with comprehensive servicing. The
Operations Team is trained in our Uniform Servicing
System, ensuring reliable execution. Portable holding
tanks are perfect for construction site office trailers, remote business locations, industrial facilities and festivals.

TEMPORARY FENCE
As the leading national fence provider, United
Site Services is dedicated to elevating safety
and security on any site with our fence
installation service. Fence Technicians are
trained in our Uniform Servicing System to
install and secure a variety of fence solutions,
providing you with on-site peace of mind.

Whether you require perimeter fencing for
construction sites, event barriers for crowd control, or any other customized fence solutions, our approach results in consistency and reliability.

HIGH-RISE SYSTEM
United Site Services offers an innovative solution for
portable restrooms on your high-rise construction
project. Eliminate the need to tie up your crane, elevator, and loading dock while ensuring a quality restroom
experience for your crew on every floor. Our Operations team is trained in our Uniform Servicing System to install and service the high-rise portable sanitation units.

ROLL-OFF DUMPSTERS
United Site Services offers a variety of roll off
dumpster sizes to safely support your waste and
debris removal needs. The Operations Team is
trained in our Uniform Servicing System to
carefully place and haul your roll off dumpster,
providing a hassle-free experience on your site.

The consistency of this process ensures service
reliability.

City of Santa Fe Springs
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As-Needed Portable Restrooms and Washing Stations
11 TEMPORARY POWER
United Site Services provides reliable temporary power
solutions for a wide range of needs. Whether you’re managing a construction site, organizing an event, or dealing with an emergency, United Site Services ensures uninterrupted power supply with efficient temporary power services. Our
comprehensive solutions, including generator rentals and power poles are tailored to meet specific project requirements Perfect for
a Wide Range
of Applications
Deluxe Portable
Restroom
The Deluxe Portable Restroom is the most common portable restroom for sites and events of all sizes. With a wide range of applications and feature amenities, it’s perfect for patrons at special events, parks and recreational facilities and outdoor businesses that need sanitation facilities.

FEATURES
Non-flushing toilet and urinal
Courtesy mirror
Interior shelf
Coat hook
Spacious 85 cubic feet interior
Maximum ventilation

OPTIONAL FEATURES
Alcohol-based hand sanitizer
Solar lighting
Disposable seat covers

SPECIFICATIONS
Height: 89”
Width: 44”
Depth: 45”
Waste tank: 70 gallons

1.800.TOILETS / UnitedSiteServices.com
Cleaning your portable restrooms to the same standard as any other public restroom should be priority.

Our team is trained in the Uniform Servicing Process to ensure service consistency and reliability to create a positive experience for your patrons.

Deluxe Portable
Restroom with Slim Sink Insert
The Deluxe Portable Restroom is the most common portable restroom for sites and events of all sizes. With a wide range of applications and feature amenities, it’s perfect for patrons at special events, parks and recreational facilities and outdoor businesses that need sanitation facilities.

FEATURES
Non-flushing toilet and urinal
Courtesy mirror
Interior shelf
Coat hook
Spacious 85 cubic feet interior
Maximum ventilation

OPTIONAL FEATURES
Alcohol-based hand sanitizer
Solar lighting
Disposable seat covers

SPECIFICATIONS
Height: 89”
Width: 44”
Depth: 45”
Waste tank: 70 gallons
Note: Slim sink insert available in select
geographical areas.

1.800.TOILETS / UnitedSiteServices.com
Cleaning your portable restrooms to the same standard as any other public restroom should be priority.

Our team is trained in the Uniform Servicing Process to ensure service consistency and reliability to create a positive experience for your patrons.

FEATURES
Floor design to increase interior space
Large door opening
Long hand rails provide more stability
Courtesy mirror
Interior shelf
Coat hook

SPECIFICATIONS
Height: 90.5"
Width:66"
Depth: 86.5"
Depth: 86.5"
Door Opening: 32.7" x 80.8"
Tank Volume: 35 gal.

Seat Height: 18.5"
ADA-Compliant
Portable Restroom
United Site Services offers ADA-compliant portable restrooms designed to meet the highest accessibility standards. These units provide spacious, wheelchair-accessible facilities that ensure comfort and privacy for all guests, including those with disabilities. Equipped with user-friendly features like handrails, non-slip flooring, and easy-access ramps, our ADA-compliant restrooms are ideal for events, job sites, and public spaces that require inclusive amenities.

1.800.TOILETS / UnitedSiteServices.com
TYPE  SPECS DISPENSER SIZE USES PER SERVICE
Handistand
2 Station 60”H x 20” W x 20” D 800 mL/station 500 (250/station) 4 Station 60”H x 20” W x 20” D 800 mL/station 1,000 (250/station) HAND HYGIENE SOLUTIONS / HAND SANITIZER STATIONS INVENTORY VARIES BY LOCATION 06 Handistand (2 Station) Handistand (4 Station)
Maintain a safe and healthy site with hand hygiene solutions from USS. We offer portable sinks and hand sanitizer stations as an easy way to keep hands clean and help prevent the spread of germs and bacteria.

Don’t worry about restocking; USS will restock supplies and fresh water when servicing your site.

PORTABLE SINKS
Stocked with antibacterial soap, non-potable water and paper towels Foot activated faucet allows both hands to be washed simultaneously Accommodates complete forearm washing

1.800.TOILETS / UnitedSiteServices.com

HAND HYGIENE

SOLUTIONS
* Equipment model will vary
TYPE  SPECS TANK SIZE USES PER SERVICE
Standard (2 Station)
Tag 3 59”H x 20”W x 29”D 19 Gal 275 washes
Breeze 65”H x 26”W x 19”D 20 Gal 300 washes
Bravo 63”H x 26”W x 21”D 22 Gal 350 washes
Tag 4 59”H x 19”W x 30”D 22 Gal 350 washes
Tag 2 52”H x 22”W x 28”D 24 Gal 375 washes
Tag 4
Tag 3
Tag 2
Breeze
Bravo
Trailer Solutions
United Site Services’ trailer solutions provide the ultimate in comfort and convenience for any job site or event.

Equipped with climate control for all seasons, flushing toilets, and running water sinks with hot water, these
units ensure a superior restroom experience year-round.

By offering enhanced amenities, our trailers help improve employee morale, retention, and recruitment, creating a positive and productive environment. Additionally, their increased waste capacity reduces the need for frequent
service visits, saving time and streamlining operations.

With USS, you can elevate both functionality and comfort, making every project or event a success.

1.800.TOILETS / UnitedSiteServices.com

TRAILER OFFERINGS
Our trailers come in different levels to fit your
event and budget.

SILVER
All the comfortable amenities you want,
at a great value
GOLD
Upgraded amenities that serve all needs

PLATINUM
When only the very best will do
EXTRA LARGE / 9+ Stations LARGE / 7-8 Stations MEDIUM / 5-6 Stations SMALL / 3-4 Stations COMPACT / 1-2 Stations

PLATINUM SERIES

ELEGANT AND UPGRADED TRAILERS

PERFECT FOR VIP AND BLACK-TIE EVENTS
An Elegant, Upgraded Option When Only the
Best Will Do. Our Platinum Series combines
top-of-the line design elements like private
floor to ceiling stalls, premium flooring and
stylish countertops with our best quality
comfort amenities.

SILVER SERIES

ECONOMICAL OPTION FOR HIGH-TRAFFIC

PUBLIC EVENTS/GATHERINGS
Built to Meet the Rugged Demands of Your
Project. Our Silver series is the rugged yet
comfortable option your project needs.

It offers the enhanced comfort of climate
control, hand hygiene with running water and
flushing toilets as well as interior and exterior
lighting to ensure safe use of facilities.

SAMPLE FLOOR PLANS

GOLD SERIES

VERSATILE OPTION FOR ANY OCCASION

TO MAKE GUESTS FEEL RIGHT AT HOME
Our Most Versatile Option Provides All the
Comforts and Convenience. Our Gold series
offers a fresh, homey look and feel with
premium wood or tile flooring, faux marble
countertops, running water sinks and flushing
toilets. A great option for any project.

1.800.TOILETS / UnitedSiteServices.com
• Includes individual private stalls
• Our Most Popular Options
• Our Most Popular Options • Includes individual private stalls 11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 8
As-Needed Portable Restrooms and Washing Stations
ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 8
As-Needed Portable Restrooms and Washing Stations
ATTACHMENT B – Non-Collusion Affidavit
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
The undersigned declares:

I, ________________________________________________________ [your name], am a representative of __________________________________ [entity bidding], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], a ________________________[city], ______________________[state].

Bidder's Name (Printed):___________________________________________________________ Bidder’s Entity Name:_____________________________________________________________ Bidder's Signature:_______________________________________________________________ Bidder's Title:___________________________________________________________________ Jeff Dunlop
United Site Services of California, Inc.
27 Mar 25 Westborough
Massachusetts Jeff Dunlop United Site Services of California, Inc. Vice President

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease) which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

ITEM # 22

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Maricela Balderas, Director of Community Services
SUBJECT: CONTRACT WITH PHOENIX DECORATING COMPANY FOR

PARTICIPATION IN THE PASADENA TOURNAMENT OF ROSES
DATE: May 20, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve a sole-source agreement with Phoenix Decorating Company (Phoenix) for the design and construction of the City’s Rose Parade floats for calendar years 2026, 2027, and 2028; and
2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to approval by the City Attorney as to form; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
City Council approved $200,000 for float design and construction for each entry in the 2026, 2027, and 2028 Tournament of Roses Parade at their regular meeting on April 1, 2025. Monies for this will come from the Art in Public Places Fund 2510, which is supported with development fees, and thus there is no impact to the General Fund.

BACKGROUND
The City has participated in the annual Pasadena Tournament of Roses Parade for many years in the 1960s and again in the 2000’s, using the opportunity to showcase community pride, creative expression, and local partnerships on a nationally televised platform. Each float serves as a symbol of civic identity and enhances the City's visibility and reputation.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 20, 2025

CONTRACT WITH PHOENIX DECORATING COMPANY FOR PARTICIPATION IN

THE PASADENA TOURNAMENT OF ROSES

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