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Service Solicited - 2019 - United Site Services - United Site Services Yearly Porta Potty AgreementA Company, Inc. 3975 S Eagleson Rd BOISE, ID 83705 � (OUnited Quote No.: 414-1531674 Sell To: CITY OF EAGLE ERIC ZIEGENFUSS 660 E CIVIC LN EAGLE, ID 83616 Cust. #: USS -566317 Phone: 208-939-6813 SITE SERVICES Site Service Quotation Quote Date: 03/05/19 Salesaerson Contact Jennifer K. Ware Mobile: Office: 208-362-3000 Fax: Jennifer.Ware@unitedsiteservices.com Quote Expires: 04/30/20 Ship To: CITY OF EAGLE CONTRACT 660 E CIVIC LANE EAGLE, ID 83616 Attn: ERIC ZIEGENFUSS Phone: 208-939-6813 Terms: Due Upon Receipt Comments & Special Instructions IN EXCHANGE FOR EAGLE CITY HALL ORDERING EXCLUSIVELY FROM UNITED SITE SERVICES FOR APRIL 2019 - APRIL 2020 THE ADJUSTED RATES WILL BE AS FOLLOWS: ""time constraints, same day call outs and weekend fees can have additional charges"' Item Unit Quantity From Thru Unit Price Total Price Deluxe Restroom (special event) EA 1 03/06/19 03/06/19 10.00 10.00 one time Deluxe Restroom Service EA 1 03/06/19 03/06/19 48.00 48.00 one time Deluxe Restroom (special event) Subtotal :................................. 58.00 ADA Wheelchair Accessible (special event) EA 1 03/06/19 03/06/19 15.00 15.00 one time ADA Wheelchair Accessible Svc EA 1 03/06/19 03/06/19 93.00 93.00 one time ADA Wheelchair Accessible (special event) Subtotal: . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.00 2 Station Sink (special event) EA 1 03/06/19 03/06/19 10.00 10.00 one time 2 Station Sink Service EA 1 03/06/19 03/06/19 38.00 38.00 one time 2 Station Sink (special event) Subtotal :................................... 48.00 Delivery, Setup, Removal (per truck load) EA 1 03/06/19 03/06/19 85.00 85.00 one time Standard Restroom (long term) EA 1 03/06/19 Indef 10.00 10.00 per billing cycle Standard Restroom weekly service EA 1 03/06/19 Indef 73.00 73.00 per billing cycle Standard Restroom (long term) Subtotal: ................................. 83.00 ADA Wheelchair Accessible (long term) EA 1 03/06/19 Indef 15.00 15.00 per billing cycle ADA Accessible wkly svc EA 1 03/06/19 Indef 138.00 138.00 per billing cycle ADA Wheelchair Accessible (long term) Subtotal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153.00 2 Station Sink (long term) EA 1 03/06/19 Indef 10.00 10.00 per billing cycle 2 Station Sink Service EA 1 03/06/19 Indef 81.00 81.00 per billing cycle 2 Station Sink (long term) Subtotal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.00 Continued.. A Comaany, Inc. 3975 S Eagleson Rd BOISE, ID 83705 rUniited SITE SERVICES Site Service Quotation 'Quote No.: 41 4-1 531 674 Sell To: CITY OF EAGLE ERIC ZIEGENFUSS 660 E CIVIC LN EAGLE, ID 83616 Cust. #: USS -566317 Phone: 208-939-6813 Item Damage Waiver (optional) Delivery, Setup, Removal Quote Date: 03/05/19 Salesperson Contact Jennifer K. Ware Mobile: Office: 208-362-3000 Fax: Jennifer.Ware@unitedsiteservices.com Quote Expires: 04/30/20 Ship To: CITY OF EAGLE CONTRACT 660 E CIVIC LANE EAGLE, ID 83616 Attn: ERIC ZIEGENFUSS Phone: 208-939-6813 Terms: Due Upon Receipt Unit Quantity From Thru Unit Price EA 1 03/06/19 Indef 7.50 EA 1 03/06/19 03106/19 30.00 Total Price 7.50 per billing cycle 30.00 onetime / ^ ( Total: 663.50 Accepted: 7/ Date: Remit To: United Site Services, PO Box 53267, Phoenix, AZ 85072-3267 NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the terms and conditions on the last page of this document for more information. TERMS AND CONDITIONS 1. Acceptance Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of (i) two business days after receipt of an invoice from Company; (ii) delivery of items of equipment ('Equipment") identified in the invoice to the site designated in the invoice (the 'Site") and use or acceptance thereof; or (iii) acknowledgment or other conduct of Customer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of Customer 2. Payment Terms All agreements are subject to approval by Company. Customer shall pay all charges by Company during the term (the'Period') shown in the invoice. All Company invoices are due and payable upon Customer's receipt of the invoice. Customer shall be liable to Company for interest at the rate of 1.5% per month, or such lesser rate as may be the maximum lawful rate from time to time, on all overdue accounts. Customer shall pay all additional charges for services separately requested by Customer or made necessary by Customer's breach of these Terms and Conditions, including but not limited to, moving/relocation charges, special service charges, and special delivery and removal charges. In the event Customer's account becomes delinquent Customer agrees to pay Company all collection expenses, including reasonable attorney's fees. 3. Service The Company offers servicing as an option on all portable rest - rooms. 4. Damage Waiver The Company offers a damage waiver program on certain Equipment. Customer may decline the damage waiver by completing and executing the appropriate section at the end of these terms and conditions. Unless Customer has declined the Damage Waiver in writing before the com- mencement of the Period or within five business days of the date of the first Invoice to Customer for any Equipment identified with a Damage Waiver on the invoice whichever is later, Company shall impose, and Customer shall pay, any Damage Waiver fees indicated on the invoice and (provided Customer has not breached any of these terms and conditions) Customer shall have no responsibility for accidental structural damage to the Equipment, EXCEPT (i) Customer shall be liable for theft of any Equipment and for any losses resulting from any willful or grossly negligent acts or omissions of Customer or any of its agents, servants and employees and (ii) if Customer has other insurance covering such loss or damage. Customer shall exercise all rights available to it under such insurance, take all actions necessary to process such claim and assign such claim and pay any and all proceeds from such insurance to Company. If Customer declines the Damage Waiver, Customer shall be liable for any loss or damage to the Equipment regardless of cause or fault, except for reasonable wear and tear, and Customer shall pay Company the actual cost of repair or replacement cost thereof, and in addition thereto for Company's loss of use of the Equipment. In the event of any loss of or damage to the Equipment. Customer shall promptly notify Company of such loss or damage and shall provide Company with copies of all reports relating to such loss or damage, including police reports, informal invest;gation reports and insurance reports. The damage waiver described in this section does not apply to portable toilets and containers which become contaminated with hazardous materials or contaminants de- scribed in Paragraph 7 while in the Customer's control and possession. 6. Equipment Location Customer wa,rants and represents that it has exercised due diligence and care in the selection of the location it has designated for the placing of portable toilets, temporary fencing, portable storage containers and any other Equipment provided by Company, and further agrees to give directions and supervise the placement of such temporary fencing, storage containers, portable toilets and other Equipment. 6. Equipment Responsibility Company will deliver the Equipment to the Site at the commencement of the Period and will remove the Equipment at the end of the Period. If servicing has been ordered by Customer, Company will remove any domestic septic waste ('DSW) from portable restrooms, if applicable, on the service day(s) scheduled by Company. In the event Company is unable to service the Equipment on the service day due to a holiday, inclement weather, or other interfering circumstances, Company shall service the Equipment on the earliest business day. excluding Sundays, available in accordance with Company's other service commitments. Company shall be granted access to the Equipment at any time for any servicing, maintenance or removal of Equipment. Customer shall not remove the Equipment from the Site, and shall not move the Equipment on the Site without written permission from Company. Customer shall not modify the equipment Customer shall not sell, rent, lease or otherwise lose possession of the Equipment. nor shat! Customer permit any lien to be placed on the Equipment Customer acknowledges that Company has no control over the use of the Equip- ment by Customer. and Customer agrees to comply, at Customer's sole expense, with any and all applicable municipal, county, state, federal or quasi -governmental laws, ordinances, regulations and guidelines, including ANSI Standard Z4.3 and the requirements of the 'Guide for Clean Portable Sanitation' published by PSAI, if applicable Rev 6 6 09 7. Equipment Contamination While portable restroom units are in Customer's possession, Customer shall prevent any contamination of such units with or from radioactive, volatile, flammable, explosive, toxic or hazardous materials (including oils, paints, adhesives and solvents). Company will not remove any waste other than DSW from portable restrooms and storage containers ('Other Waste-). In the event Other Waste Is found in the Equipment, Customer shall arrange and pay for separate removal of such Other Waste. Until such Other Waste is removed. Customer may not terminate the Period and Customer is liable for all charges ac- crued during such period. 8. Liability Except to the extent Customer is not liable for damage to Equipment under the Damage Waiver program described in Section 5, Customer agrees to defend, indemnify and hold Company harmless to the maximum extent permitted by law from and for all claims, lawsuits, damages. expenses and other losses arising out of the rental or use of Equipment delivered to or rented by Customer Customer's obligation will apply to the extent permitted by law to all accidents or incidents regardless of whether same occur as a result of Customer's or third party's negligence, fault or other legal liability Customer will have no obligation to defend, indemnify or hold harmless Company if the accident or incident arises out of the sole negligence or willful misconduct of Company. Company, its officers. directors, employees and agents shall not, under any circumstances, be liable to Customer for consequential, incidental, special, exemplary or punitive damages arising out of or relating to the Equipment Customer's sole and exclusive remedy for any claims or causes of action arising out of or related to the Equipment shall be to recover from Company direct damages in an amount not to exceed the amount pard by Customer for use of the Equipment. 9. No Prorating Agreed upon rates are the complete billing periods and are not to be prorated 10. Termination Company may terminate this agreement and remove the Equip- ment immediately in the event (i) Customer fails to pay any amount when due to Company, (ii) Customer otherwise breaches or rejects any of these Terms and Conditions, (iii) there is any loss of or damage to the Equipment, (iv) any lien is placed, or is proposed to be placed, on any of the Equipment, or iv) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer. Company shall not be responsible for loss of any personal property on the Site which may be caused by removal of any of Company's Equipment pursu- ant to this paragraph. 11. Governance This agreement shall be governed by and construed in accor- dance with the laws of the state, shown on the invoice. in which the Company's place of business is located, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than such state. Each of the parties submits to the jurisdiction of any state or federal court sitting in such state. in any action or proceeding ans ng out of or relating to this agreement. All claims in respect of the action or proceeding may be heard and determined in any such court No failure by Company to exercise any right hereunder shall operate as a waiver of any other right hereunder and a waiver of any right on one occasion shall not constitute a bar to or a waiver of any such right on any future occasion. All modifications to these Terms and Conditions shall be in writing 12. Taxes & Fees Customer sha:l pay any and all taxes. license fees or permit fees arising out of use of the Equipment Customer shall pay such taxes whether such taxes are shown on the invoice or whether such taxes are later claimed by a governmental authority. In the event of a claim by a governmental authority for taxes related to the Equipment Customer shall pay to Company such taxes on demand 13. Additional Terms Additional Terms and Conditions apply to rental and service of Storage Containers ('Sheds') and Temporary Power equipment These Terms & Conditions are shown on the back of your contract for these items 14. Errors & Omissions Company reserves the right to correct any erroneous information that may appear in the invoice or may have appeared in a prior invoice including, without limitation. Customer's name or address, or billing amounts. 16. Conditional Payments Any payment check. or other form of payment that you send us for less than the full balance due that is marked 'paid in full' or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount. must be sent to United Site Services Inc., 50 Washington Street, Suite 1000, Westborough, MA01581. We reserve all our rights regarding these payments (e g if it is determined there is no valid dispute. or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance) We may refuse to accept any such payment by returning it to you, not cashing it or destroying it All other payments that you make shall be sent to the address on the invoice