HomeMy WebLinkAboutItem No. 09 - Amendment No. 2 to the Citywide Portable Sanitation Services Agreement to Rightw9)Amendment No. 2 to the Citywide Portable Sanitation Services Agreement to
Rightway Site Services, Inc.
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement
with Rightway Site Services, Inc., and increase compensation by an additional $20,000 for a
total not to exceed $105,000.00 in such final form as approved by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:March 11, 2025
Subject:Amendment No. 2 to the Citywide Portable Sanitation Services Agreement
to Rightway Site Services, Inc.
Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with
Rightway Site Services, Inc., and increase compensation by an additional $20,000 for a total not
to exceed $105,000.00 in such final form as approved by the City Attorney.
Background
On August 25, 2020, the City Council approved a contract with Rightway Site Services, Inc., for
portable sanitation services for City-owned parks, beaches, levee, and City special events.
On March 22, 2022, the City Council approved Amendment No. 1 to increase compensation to
cover extra services, including monthly porta-potty rentals for Launch Pointe, porta-potty rentals
for concerts at Launch Pointe, and monthly rentals for the levee road.
Rightway Site Services - Amendment No. 2
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Discussion
Amendment No. 2 is being requested as this additional funding will cover services for the
following locations:
· Agency & Energy Fee
· Monthly porta-potty rentals for fishing locations
· Monthly porta potty rentals for staff (Street Clean Up)
· Monthly porta potty rentals for Elm Grove/Seaport
· Monthly porta potty and sink rentals (City Hall Project)
Staff is requesting additional funds to cover fees for servicing additional locations. With our
current agreement ending at the end of this fiscal year, it is crucial to secure these funds to
ensure continued services.
Fiscal Impact
Funds are available in the Public Works Operating Budget for FY24-25.
Attachments
Attachment 1- Amendment No. 2
Exhibit A- Invoices
Attachment 2 - 1st Extension Letter
Attachment 3 - 2nd Extension Letter
Attachment 4 - Amendment No. 1
Attachment 5 - Original Agreement
Public Works
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AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR SERVICES
Rightway Site Services, Inc.
Citywide Portable Sanitation Services
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as
of 3/11/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and
Righway Site Services, Inc, a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of 8/25/2020, (the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of
Sixty-Five Thousand dollars ($65,000.00).
C. The Original Agreement had a term commenced August 25, 2020, and ends on
June 30, 2025.
D. Amendment No. 1 approved on March 22, 2022, provided for an increase in
compensation in an amount not to exceed Eighty-Five Thousand dollars ($85,000.00).
E. The parties now desire to increase the payment for such services as set forth in
this Amendment No. 2 for an annual amount not to exceed $105,000.00.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Compensation to be paid to Contractor shall be in accordance with the fees
set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor’s annual
compensation exceed one hundred five thousand dollars ($105,000) per
fiscal year without additional written authorization from the City.
Notwithstanding any provision of Contractor’s Proposal to the contrary,
out of pocket expenses set forth in Exhibit A respectively, shall be
reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver
of defects, even if such defects were known to the City at the time of
payment.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed
on the respective dates set forth below.
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“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Rightway Site Services, Inc., a Corporation
City Manager
Date:
Robert M. Harding, President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
July 1, 2023
Rightway Site Services, Inc.
Attn: Robert M. Harding, President
530 Central Ave.
Lake Elsinore, CA 92530
RE: CONTRACTOR SERVICES AGREEMENT – FIRST EXTENSION
Dear Mr. Harding:
This letter is provided to inform you that the Contractor Services Agreement
dated August 25, 2020, between Rightway Site Services, Inc., and the City
of Lake Elsinore is extended per Section 2.c Term of the Agreement to June
30, 2024.
If you have any questions regarding this Agreement extension please contact
Carla Khalil, Management Analyst Department of Public Works at (951) 674-
5170 ext. 364.
Sincerely,
Jason Simpson
City Manager
DocuSign Envelope ID: 16E43EE1-8F50-4B21-8576-4F71F8E6DFF1
June 20, 2024
DELIVERY VIA EMAIL
Rightway Site Services, Inc.
Attn: Robert M. Harding
530 Central Ave.
Lake Elsinore, CA 92530
RE: CONTRACTOR SERVICES AGREEMENT – SECOND EXTENSION
Dear Mr. Harding:
This letter is provided to inform you that the Contractor Services Agreement
dated August 25, 2020, between Rightway Site Services, Inc. and the City of
Lake Elsinore is extended per Section 2.c Term of the Agreement. The
effective date of the extension is from July 1, 2024, to June 30, 2025.
If you have any questions regarding this Agreement extension please contact
Carla Khalil, Management Analyst Department of Public Works at (951) 674-
5170 ext. 364.
Sincerely,
Jason Simpson
City Manager
DocuSign Envelope ID: 7E4231BF-BB98-4BB9-90A3-DE9269B00584