HomeMy WebLinkAboutA5615 - CINTAS CORPORATION UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPTS. {OQ gFLM SA9
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CONTRACT ABSTRACT
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COMPANY NAME: Cintas
COMPANY CONTACT: Uniform Rental and Cleaning Services
CONTRACT PRICE: $71,000.00 at $1972.66 Per Month. �41a,�b
FUNDING SOURCE: 2451-43290, 4201-43290, 6200-43290, 5470-43290, 5641-4329C
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SUMMARY OF SERVICES:
Amendment#2 to Contract Services Agreement #5615 with Cintas Corporation for
Uniform Rental and Cleaning Services
1
CONTRACT TERM: *month extension
LEAD DEPARTMENT: Facilities
CONTRACT OFFICER: Patrick Sweeney
CONTRACT COMPLIANCE: (PLEASE CHECK)
❑ EXHIBITS P A
❑ INSURANCE CERTIFICATE CPIIGA
❑ PERFORMANCE/PAYMENT BONDS QUA
COUNCIL/COMM REDEV AGENCY APPROVAL DATE:
MINUTE ORDER/RESOLUTION NUMBER:
AGREEMENT NUMBER: 5615
PREPARER'S INITIALS: LAG
PREPARER'S EXTENSION: 8374
DATE PREPARED: 10/24/13
Kathie Hart
From: Leigh Gileno
Sent: Tuesday,October 29, 2013 11:19 AM
To: Kathie Hart
Cc: Craig Gladders; Patrick Sweeney; Karen Tolliver
Subject: RE:Cintas Amendment
I am glad you came by too. It was buried in my in basket from last week. If you are
able to speed it along yes. We need to get Cintas paid.
Leigh Gileno
Froctirenient Specialist II
City of Fahn Springs
Office Hours 8AM-6PM
Monday-Thursday
City Hall i,dosed even I ndav
F(760) 322-8374 F (760) 323-8238
From: Kathie Hart
Sent: Tuesday, October 29, 2013 11:17 AM
To: Leigh Gileno
Cc: Craig Gladders; Patrick Sweeney; Karen Tolliver
Subject: RE: Cintas Amendment
Leigh Ann:
I'm so glad I came by and you were able to find it. When I saw the title of this email, I was VERY concerned,due to the
fact that I returned it to you for a mathematical correction on 10-24.
Now that I have the revised amendment I will circulate it for signature.
Do I need to tell the signers it is URGENT?
Let me know ok?
Thanks.
Kathie Kart, e'me
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 AOKathie.Hart�Palm5priru<A oov
Please note that City Hall is open 8 a.m, to 6 pm,. Monday through Thursday, and closed on Fridays at this time.
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From: Leigh Gileno
Sent: Tuesday, October 29, 2013 10:10 AM
To: Kathie Hart
Cc: Craig Gladders; Patrick Sweeney; Karen Tolliver
Subject: Cintas Amendment
Importance: High
Hi Kathie,
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City Council ACTION SUMMARY
December 18, 2013
Page 5
ACTION: Waive the reading of the full text of the ordinance and adopt
Ordinance No. ®, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PARAGRAPH 2 OF SUBSECTION D OF
SECTION 94.02.01 OF, AMENDING PARAGRAPHS 1.b AND 10 OF
SECTION 94.09.00, OF THE PALM SPRINGS ZONING CODE RELATING
TO PROVISION OF ELECTRONIC NOTICE TO NEIGHBORHOOD
ORGANIZATIONS OF PENDING LAND USE PERMITS." Approved as part
of the Consent Calendar.
2.M. APPROVE A FIVE-YEAR CONTRACT SERVICES AGREEMENT FOR
JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
ACTION: 1) Approve an agreement with Advanced Inc., dba Progreen
Building Maintenance, for janitorial services at various city owned facilities,
/ for a three-year term at $234,000 per year, with two one-year renewal
options subject to a CPI increase; 2) Authorize the City Manager to extend
V the current agreement for janitorial services for a period not to exceed two
months, under the same terms and conditions, during the interim period; and
�3 Authorize the City Manager to execute all necessary documents. A6467.
. Approved as part of the Consent Calendar.
2.N. RESCIND AWARD OF IFB 13-13 AND AWARD RE-BID IFB 14-06 FOR
UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS
DEPARTMENTS:
ACTION: 1) Rescind the award of IFB 13-13 to Cintas Corporation and direct
Staff to close Agreement No. A5615; 2) Approve an Agreement with
Prudential Overall Supply for IFB 14-06, for uniform rental and cleaning
services on the basis of unit prices for an estimated base amount of
$46,237.68 per year, for the initial three-year term, with two one-year
,\ optional renewals; and 3 Authorize the City Manager to execute all
�p necessary documents. ® Approved as part of the Consent
Calendar.
2.0. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2012-13:
ACTION: 1) Receive and File the City's Development Project Fee Report for
Fiscal Year 2012-13; and 2) Adopt Resolution No. 23475, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING CERTAIN FINDINGS AND ACKNOWLEDGING RECEIPT OF THE
�'� FISCAL YEAR 2012-13 DEVELOPMENT PROJECT FEE REPORT
REQUIRED BY GOVERNMENT CODE SECTION 66000." Approved as
part of the Consent Calendar.
2.P. SPECIAL TAX ANNUAL REPORTING FOR FISCAL YEAR 2012-13:
ACTION: Receive and file Government Code Section 50075.3 reports
relating to special taxes levied in the City's Community Facilities District No.
2005-1 and Community Facilities District No. 2007-1 for Fiscal Year 2012-13.
Approved as part of the Consent Calendar.
;OF P P`M SA4
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cq<lFOR N% City Council Staff Report
DATE: December 18, 2013 CONSENT CALENDAR
SUBJECT: RESCIND AWARD OF IFB 13-13 AND AWARD RE-BID 14-06 FOR
UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS
DEPARTMENTS
FROM: David H. Ready, City Manager
BY: Maintenance and Facilities
SUMMARY
Staff recommends the City Council consider rescinding the award of IFB 13-13 and
Agreement No. 5615 with Cintas Corporation, and award the rebid of IFB 14-06 for
uniform rental and cleaning services for the City's maintenance personnel for the
Aviation, Facilities, Fleet, Parks, Recreation, and Streets departments.
RECOMMENDATION:
1. Rescind the award of IFB 13-13 to Cintas Corporation and direct Staff to close
Agreement No. 5615.
2. Approve an Agreement with Prudential Overall Supply for IFB 14-06, for uniform
rental and cleaning services on the basis of unit prices for an estimated base
amount of $46,237.68 per year, for the initial three-year term, with two 1 year
optional renewals.
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Facilities Maintenance Department prepared the specifications and worked closely
with Procurement to conduct Invitation for Bid 13-13 in the spring of this year. On May
15, 2013 the City Council approved an agreement with the incumbent Cintas
Corporation.
During the contract execution phase it was discovered by Cintas Corporation that the
City's Facilities Maintenance Department had provided inaccurate bid specifications and
counts, therefore making the pricing null and void and not reflective of the award made
ITEM NO. I--M—
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5615
WITH CINTAS CORPORATION FOR
UNIFORM RENTAL AND CLEANING SERVICES
The following articles of Agreement No. 5615 are hereby amended as follows:
TERM OF CONTRACT is hereby modified to include an additional 7-month extension for a
contract expiration date of January 31, 2014.
COMPENSATION is hereby modified to include 7 additional months of service at the contracted
rate of $1,972.66 per month for a total increase not to exceed $13,808.62
The intent of this Amendment #2 is to extend Contract Services Agreement #5615 for 7
additional months until January 31, 2014 at the contracted rate of$1,972.66 per month for
a total increase not to exceed $13,808.62.
Blanket Purchase Order Number(s): 13-0053
Agreement Number: 5615
Original:
City Council Approval: February 6, 2008
Contract Amount $ 71,000 at $1,972.66 per month
Amendment#1 4-month extension of term to June 30, 2013 and
$4,000.00 to pay open invoices and adjustments at
rate of$1,000 per month.
THIS Amendment# 2:
7-Month Extension@$1,972.66Imo $13,808.00 (amendment not to exceed)
Account Number(s): $1,300.00 - 001 - 2451-43290
$2,000.00 - 001 -4201-43290
$5,000.00 -415 - 6200-43290
$1,600.00 - 510 - 5470-43290
$2,308.00 - 520 - 5641-43290
$1,600.00 - 001 -4210-43290
Except as specifically amended by this Amendment #2, all terms and provisions of Agreement
No. 5615 remain in full force and effect.
SIGNATURES ON NEXT PAGE
I am following up with you regarding the amendment for Cintas Uniform Rental and
Cleaning agreement that I left with you last week to be executed. Can you give me
status as we are waiting to release a Purchase Order so that Facilities can pay invoices
to get them caught up and bring the account current.
Thank you,
Leigh Gileno
Procurement Specialist II
City of Palm Springs
Office Hours 8AM-6PM
Monday-Thursday
City Hal{is closed every F2 iday
P (760) 322-8374 F (760) 323-8238
z
A
City Council Staff Report
December 18, 2013 --Page 2
Uniform Rental And Cleaning Services
by the City Council. Facilities staff carefully reviewed and corrected their specifications
and employee counts and Procurement prepared the re-bid IFB 14-06 which was
advertised, posted and distributed October 2151 to 11 uniform companies. Three bids
were received by the November 2151 deadline and are tabulated below:
Company: Base Bid Amount for
initial 3 year term
Prudential Overall Supply $46,237,68
Aramark Uniform Services $46,410.12
Cintas $62,208.76
Total estimated base compensation amount is calculated utilizing unit pricing as
provided in the Bid and the estimated employee counts for the respective departments.
During the term of the agreement as employee counts either increase or decrease with
the approval of the Director of Facilities, the base compensation will change
accordingly.
As industry standard, the agreement provides for initial set-up fees and exchange fees
that will be approximately an additional 10% ($4,624) of the base bid price for the first
year of the agreement.
At the mutual consent of the parties, the agreement may be extended for two (2) one (1)
year renewal options, and the unit prices shall be adjusted (increased or decreased)
based upon the CPI index for the Los Angeles/Anaheim/ Riverside Areas.
Staff is recommending the City Council award the Uniform Rental and Cleaning
Services Agreement for the City's maintenance personnel to Prudential Overall Supply,
with a local facility in Indio, California, who was the lowest, responsive, responsible
bidder to rebid IFB 14-06.
FISCAL IMPACT:
#415-6200-43290 Aviation #520-5470-43290 Fleet
#520-5641-43290 Facilities Maintenance #001-2451-43290 Parks/Recreation
#001-4201-43290 Street Maintenance #001-4210-43290 Parks/Downtown
Patrick Sweeney— David H. Ready
Director of Facilities City Manager
Attachment:
Contract Services Agreement
02
Cintas Corporation
Amendment No.1
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
-
city-CITY OF PALM SPRINGS
Date o 4-1 Z o a By
David H. Ready, C>' U r
APPROVED BY STY MANAGER ATTEST:
City Clerk
ePP V TO rFOW
"FIRM"
Cintas Corporation
Bey 5140 East La Palma, Suite 203
Anaheim Hills, CA 92807
)ate 4
Date: !x>Ifz( lz oj3 By Pa.,
—T ul DiViRcdnzo-Wes ion Senior Executive
AMENDMENT NO, 1 TO CONTRACT SERVICES AGREEMENT NO. 5615
WITH CINTAS CORPORATION FOR
UNIFORM RENTAL AND CLEANING SERVICES
The following articles of Agreement No. 5615 are hereby amended as follows:
TERM OF CONTRACT is hereby modified to include an additional 4-month extension for a
contract expiration date of June 30, 2013.
COMPENSATION is hereby modified to include 4 additional months of service at the rate of
$1,000 per month for a total increase not to exceed $4,000.
The intent of this Amendment #1 is to extend Contract Services Agreement #5615 for 4
additional months or until June 30, 2013 at a rate of$1,000 per month for a total increase
not to exceed $4,000.
Blanket Purchase Order Number(s): 13-0053
Agreement Number: 5615
Original:
City Council Approval: February 6, 2008
Contract Amount $ 71,000
THIS Amendment#1:
4-Month Extension@$1,0001mo $4,000 (amendment not to exceed)
Account Number(s): $2,000 -001-2451-43290 (increase)
$1,000 - 001-4201.43290 (increase)
$ 500 -415-6200-43290 (increase)
$ 500 - 510-5470-43290 (increase)
Except as specifically amended by this Amendment #1, all terms and provisions of Agreement
No. 5615 remain in full force and effect.
SIGNATURES ON NEXT PAGE
Cintas Corporation
Amendment No.1
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
"City"
CITY OF PALM SPRINGS
Date_
- - David J. Barakian, City_E n9 i n GE[
ATTEST:
APPROVED BY DEPARMENT HEAD By.
City Clerk
;c
"FIRM"
Cintas Corporation
5140 East La Palma, Suite 203
p Anaheim Hills, CA 92807
Date: o ` 3 By:
JaMes Reeder, Group Vice-President
F PALM 's,
� `c City of Palm Springs
/, . ' Facilities Maintenance
1`` "r. 425 Nordi Civic Drive • Palm Springs,California 92262
Tel:(760)323-8167 • Fax:(760)322-5581 Web:ww ..palmsprings-ca.gov
Mike Malarkey March 6"'2012
Service Manager
Cimas Corporation
21.50 S Proforma Ave
Ontario, CA 91761
Re: City Agreement No. 5615
Dear Mr. Malarkey: f
The reference agreement is expiring and in accordance with schedule of said
agreement may be extended at the discretion of the City. This is to inform you that we
wish to extend the agreement for an additional year to Feb 26`h, 2013. Please note that
you are entitled to a consumer's price index adjustment for said Schedule D. For your
information, The Consumer price index for the 12 month period ending January 31, 2012
increased 2.09%over 2011.
SiAeHrely,,
ly��atJnJc�4 k Sweeney
Facilities Manager
Cc: David Baraldan
file
- '� City of Palm Springs
Q � - t
Facilities Maintenance
/125 North Civic:Drive ' Palm Springs,California 92262
�RPORATE�� Tel: (760)323-8167 • Fax: (760) :322-5581 • Web: www.i ilmspriri s ci ov
Cintas Corporation
5140 E. La Palma Ave \06
Suite 203
Anaheim Hills, CA 92807
Re: One year renewal option
Dear Mr. Gale and Mr. Reeder;
Pursuant to the Terms of Agreement #5615 dated 02/26/2008, Schedule "D" Item A, the
City of Palm Springs would like to exercise the option to continue this contract for the
first year of the two (2) one (1) year renewal options. Upon mutual consent of the
Contract Administrator and the Contractor this agreement will commence on February
26`h, 2011 through February 25th, 2012.
As per Schedule "D" Item B, if the City exercises its options to extend, the unit prices
shall be adjusted (decreased or increased) at the beginning of any such renewal period to
correspond with the most recent annual change to the Consumer Price Index for All
Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los
Angeles, Anaheim and Riverside Areas. The Consumer Price Index as of December
2010 is an increase of 1.3%. This increase may be reflective on invoices for services
rendered after February 26th, 2011.
We continue to appreciate the quality of service Cintas provides to the City of Palm
Springs.
Best regards,
Dave Barakian Jan Anders
Director of Public Works/City Engineer Facilities Maintenance Manager
William C. Gale Ja es eeder
Sr. Vice President Gro Vice-President
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
THIS CONTRACT SER CES AGREEMENT (herein "Agreement"), is made and
entered into this 20 day of Tuck , 2008, by and between the CITY OF
PALM SPRINGS, a municipal corporation, (herein "City") and Cintas Corporation, (herein
"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.)
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase "highest professional standards" shall mean those
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Contractor's Proposal, The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein by this reference as though fully
set forth herein. In the event of any inconsistency between the terms of such proposal and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental agency having jurisdiction in effect at the time service
is rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the Contractor's performance
of the services required by this Agreement, and shall indemnify, defend and hold harmless City
against any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed, and (c) fully
understands the facilities, difficulties and restrictions attending performance of the services
1
(rs�IC�iviT A:�ry�,ctr;�id 0
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of services hereunder. Should the Contractor discover
any latent or unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the City of such fact and shall not proceed
except at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by City's
own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties
agree to act in good faith to execute all instruments, prepare all documents and take all actions
as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Contractor, incorporating therein any adjustment in (1) the Contract Sum,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to five percent (5%) of the
Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred
eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively must be approved by the City Council. It is expressly understood by
Contractor that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may
be more costly or time consuming than Contractor anticipates and that Contractor shall not be
entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Seventy One Thousand Dollars. ($71.000.00) (herein "Contract Sum"),
except as provided in Section 1.8. The method of compensation may include: (i) a lump sum
payment upon completion, (ii) payment in accordance with the percentage of completion of the
2
services, (iii) payment for time and materials based upon the Contractor's rates as specified in
the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods
as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs, telephone
expense, transportation expense approved by the Contract Officer in advance, and no other
expenses and only if specified in the Schedule of Compensation. The Contract Sum shall
include the attendance of Contractor at all project meetings reasonably deemed necessary by
the City; Contractor shall not be entitled to any additional compensation for attending said
meetings.
2.2 Method of Payment. Unless some other method of payment is specified
in the Schedule of Compensation, in any month in which Contractor wishes to receive payment,
no later than the first (1st) working day of such month, Contractor shall submit to the City in the
form approved by the City's Director of Finance, an invoice for services rendered prior to the
date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses
stated thereon which are approved by City pursuant to this Agreement no later than the last
working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Maleure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without
the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the
public enemy, unusually 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 Contractor shall within ten (10) days of the commencement of
such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer
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 Contract Officer such
delay is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement. In no event shall Contractor be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractor's sole
remedy being extension of the Agreement pursuant to this Section_
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit "D^).
3
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection
therewith:
PAUL DIVINCENZO: SALES REPRESENTATIVE
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or_Assianment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of the City. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated or encumbered
voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the
prior written approval of City. Transfers restricted hereunder shall include the transfer to any
person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contractor, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Contractor or any surety of
Contractor of any liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made,or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests
for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
4
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision or control of Contractor's
employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Contractor shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor
in its business or otherwise or a joint venture or a member of any joint enterprise with
Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit
of a least $1,000,000 bodily injury and property damage including coverage's for
contractual liability, personal injury, independent contractors, broad form property
damage, products and completed operations. The Commercial General Liability Policy
shall name the City of Palm Springs as an additional insured in accordance with
standard ISO additional insured endorsement form CG2010(1185) or equivalent
language. The Commercial General Liability Insurance shall name the City, its officers,
employees and agents as additional insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000 employer's
liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the
amount of $1,000,000 bodily injury and property damage, Said policy shall include
coverage for owned, non-owned leased and hired cars.
(d) Additional Insurance. Additional limits and coverage's, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may
have against the City, its officers, employees and agents, and their respective insurers. In the
event any of said policies of insurance are canceled, the Contractor shall, prior to the
cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the
Contract Officer. No work or services under this Agreement shall commence until the
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Contractor has provided the City with Certificates of Insurance, endorsements or appropriate
insurance binders evidencing the above insurance coverage's and said Certificates of
Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same polices of insurance that the Contractor is
required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or
claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of Contractor, its agents, employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions
of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or employees
but excluding such claims or liabilities arising from the sole negligence or willful misconduct of
the City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs
and attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to
the City, its officers, agents or employees, any and all costs and expenses incurred by the City,
its officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
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notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating
Guide or in the Federal Register, unless such requirements are waived by the City Manager or
designee of the City ("City Manager") due to unique circumstances. In the event the City
Manager determines that the work or services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of
the insurance policies and the performance bond required by this Section 5 may be changed
accordingly upon receipt of written notice from the City Manager or designee; provided that the
Contractor shall have the right to appeal a determination of increased coverage by the City
Manager to the City Council of City within ten (10) days of receipt of notice from the City
Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of
the work or services contemplated herein or, if Contractor is providing design services, the cost
of the project being designed, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique or event and the estimated increased or decreased cost related thereto
and, if Contractor is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
62 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records
in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and
agents in the performance of this Agreement shall be the property of City and shall be delivered
to City upon request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim for further employment or additional compensation as a result of
the exercise by City of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City's sole risk and without
liability to Contractor, and the City shall indemnify the Contractor for all damages resulting
7
therefrom. Contractor may retain copies of such documents for its own use. Contractor shall
have an unrestricted right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all
damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
72 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing or failing to perform Contractor's obligation under this Agreement. In
the event that any claim is made by a third party, the amount or validity of which is disputed by
Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien,
City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right
to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
8
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liguidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine
in the event or a breach of this Agreement, the Contractor and its sureties shall be liable for and
shall pay to the City the sum of ONE HUNDRED DOLLARS ($100.00) as liquidated damages
for each working day of delay in the performance of any service required hereunder, as
specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies
payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time as
may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written
notice to City, except that where termination is due to the fault of the City, the period of notice
may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to
the effective date of the notice of termination and for any services authorized by the Contract
Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor
has initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract
or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to the Contractor for the purpose of set-off or partial payment of the amounts owed
the City as previously stated.
9
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's
fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such
action and shall be enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to
the person at the address designated on the execution page of this Agreement. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72) hours
from the time of mailing if mailed as provided in this Section.
92 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
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9.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (III) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
SIGNATURES ON NEXT PAGE
11
STATE OF Ohio )
SS:
COUNTY OF Warren )
On this, the 151h day of February, 2008 before me, a Notary Public, the
undersigned officer, personally appeared William C. Gale who acknowledged himself to
be the Senior Vice President of Cintas Corporation and that he executed the foregoing
instrument for the purpose therein contained by sipping his name on behalf of the
company.
1N WITNESS WHEREOF, 1 have hereunto set my h and offici
ary Public
My columission expires:
CHRISTOPHERJOSEPHSIQIFCA
rotary Public,State d Chio
',`I?;".�t AHy Commissio;e IHn No atpiraban
r:.,) �O,i SacLon 947,03 R.0
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
Bv::
i Clerk 02�2��ZO� City Manager
APPROVED TO FORM: AD
pROVEd[3Y CITY COUNCIL
abog I Not TO F ceGI? al
BY-
Without The !`cupres�jn
City Attorn y
Authorization Of Thpe City
Manager.
CONTRACTOR: Check one: _Individual Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,
President, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,
or Chief Financial Officer).
By: el — /t--"Q--
Signature (notarized) Signature (notarized)
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Name: V �' � J Name: �; �Lr ,a rt � • �A- L�
Title: (fro v Title: �j C e5 I /� ',✓�
Address: / / Address:
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12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Calbrnia
County of- Q40?, JNOr,�
On 2� //- U g before me, L/u/74 1)•
mi�o Il�i�(rlvivf J:Ine fi _Odl^�'i
personally appeared 4,0,w
tC,�wtel el Slpn®rf:1
who proved to me on the basis of saWaotory,evidence to
be the personK whose nampr4rigltre subscribed to the
Awthin Instrument and acknowledged to me that
h she/they executed the same in yfsiher/their authorized
DANA M- BOOKER capacity�leSj, and that b r edtheir signaiur�je)"on the
° 3 COMM,r #1ic 31960a A instrument the perso or the entity upo behalf of
z ` n San Bernardino County ° which the persnr�(s)acted,executed the instrument.
My Comm Ezp,res Dec.0.,2008
1 Certify under PENALTY C FE PERJURY under the taws
of the State of Caltfomi that the foregoing paragraph is
true and correct-
WITNESS a I.
Signal e
Placn Pblary Sul Ahau� Senaairn d Na:ary�PuElic itlL
OPTIONAL
Though the informallan bslow Is not raqulred by law,it may pmva uaivabk to pinsms mlying on the dceunont
and could prevent traudulent removal and reattachmaw of ibis roan to another dccument.
Description of Attached Document ��77
Title or Type of Documen&&&ft1L— 1d/G�P`S
Document Date: Nolyc- — Number of Pages: L 7
SIgner(s)Other Than Named Above: /I14NE —
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ individual
L] Corporate Officer—Tlue(s): ❑Covporale Officer—Tide(s):
❑ Partner—❑ Limited ❑General ❑ Partner—EJ Limiled 0 General
L] Attorney in Fact • • ❑Attorney in Fact -
❑ Trustee Top of tnom'a here El trustee Tap Of thumb ham
0 Guardian or Conscrvalor ❑Guardian or Conservator
❑ Other: ❑Othcr
Signer Is Representing:,,_,__,•_,_,— Signer Is
Representing;—CA flc0&-rcraT01•rrec1rco-erc03F
13
SCHEDULE "A"
SCOPE OF SERVICES
Scope of Services: The Contractor shall furnish uniforms on a rental basis, uniform cleaning
services and pickup/delivery services for all participating City Divisions/locations listed, and any
additional City Divisions/locations that the City from time to time may designate.
The Contractor shall do any and all Work and furnish all management supervision, labor,
materials, equipment, tools and appurtenances necessary for the performance and completion
of the contract in a manner called for herein and to the satisfaction of the City.
1. Uniform Specifications: The Contractor shall understand and agree that each new
uniform shall consist of one (1) shirt and one (1) pair of trousers OR shorts, as described
below.
1.1 Shirts: shall be regular style with short or long sleeves (City's option), two
pockets with buttons, and City's choice of solid color (white or various shades of
blue).
1.2 Trousers: shall be City employees' choice of "jean," "straight" cut or flex pant
with elastic gathers on two sides. Trousers shall be vat dyed and sanforized with
zipper fly, double stitched seat seams, bar tacked at points of stress, hemmed,
not cuffed, City's choice of color(s).
1.3 Patches: shall be Dacron/cotton blend sanforized and embroidered of matching
color.
1.4 Name and division emblems: shall be 11/2" x 31/2" and shall be sewn onto the
uniform shirt above the pocket. A 4" round City seal emblem shall be sewn on
the left shoulder. Employee names and divisions will be furnished to the
Contractor within five (5) days of award of Contract.
1.5 Fabric: shall be the City's option of 65% dacron/35% cotton or 100% cotton. The
City reserves the right to designate which employee shall be outfitted with which
fabric on an individual basis. Divisions may have a portion of their employees in
blends and a portion in 100% cotton.
1.6 Coveralls: shall be City employee's choice of blend or 100% cotton.
2. Proper Fit: The Contractor must individually measure each City employee to assure the
uniforms to be supplied will fit properly. Following initial delivery, each employee shall
have an opportunity to secure adjustments to make certain his/her personal
requirements are being met. Contractor shall contact each employee within seven (7)
days of initial delivery to check for proper fit.
3. Starting Inventory: The Contractor shall begin the Contract period by furnishing eleven
(11) uniforms per employee which must consist of eleven (11) long or short sleeve shirts
(whichever is appropriate as described herein) and eleven (11) pair of trousers or shorts.
4. Specifications for Uniform Rental and Cleaning Services:
4.1 Pickup and Delivery: All garments are to be maintained in a clean condition,
satisfactory to the City. The Contractor shall deliver laundered garments and
pick-up dirty garments once a week from each location serviced. The Contractor
14
shall launder and return clean the same number of garments turned in the
previous week. The City and the Contractor shall mutually agree upon which
day(s) of the week the Contractor shall pick up and deliver the uniforms.
4.2 Pressing: All blend garments may be tunnel finished and all 100% cotton
garments must be pressed. Following pressing, Contractor shall protect the
uniforms from wrinkling during the storage and delivery process. The City may
reject any uniforms delivered with wrinkles.
4.3 Continual Replacement: Contractor shall maintain garments with a constant
good appearance. Garment-far-garment replacements shall be made by
Contractor as garments become worn out or are damaged beyond repair. Each
uniform shall be replaced when it becomes stained, torn and/or when there is a
hole in the uniform. Worn garments shall be replaced at no cost to the City.
Garments damaged beyond repair shall be replaced and the City shall pay the
applicable damage charge, as set forth in the Bid Proposal/Pricing page.
4.4 Repairs: Contractor shall understand and agree that repairs which are made to a
uniform must be neat, of professional quality, and can only be made to a
uniform's seam.
4.5 Garment Control: At the time of garment pick-up and for each City location,
Contractor shall prepare a complete list of garments picked up (detailed by
individual).
Prior to departure from each City location, Contractor shall acquire on the
garment list prepared, the countersignature of the location's Contract Manager
(or his designee) identified in Paragraph 10 of these specifications. The
countersignature shall represent the City's agreement as to the accuracy of the
list.
In order to facilitate comparison of the number of garments delivered to the prior
week's list of garments picked up, Contractor shall deliver garments on hangers
separated by individual employees.
4.6 Repair Tags: Contractor shall supply each City location in the uniform program
with service tags which may be affixed to any garment(s) requiring repair. Said
tag must provide an opportunity for an employee to Identify the nature of the
required repair so that the item can be pulled for repair during the next
processing cycle. Uniforms turned in tagged for repair shall be returned by
Contractor repaired within the next delivery cycle or replaced with a substitute
garment if the repair cannot be made to comply with the next delivery cycle.
4.7 Condition of Materials on Delivery: All uniforms shall be protected from
precipitation and against other damage while transit. The uniforms shall be in a
dry, clean and serviceable condition upon delivery. If, upon unloading, uniforms
are found damaged or otherwise unsuitable, they may be rejected by the City, at
no cost to the City.
If rejected, the respective Contract Manager(s) will notify the Contractor and will
forward an affidavit descriptive of all such damages to the Contractor. The
uniforms will be reloaded onto the same carrier's truck for return to the Contractor
or for other disposition as the Contractor sees fit.
4.8 New Employees: New employees shall be supplied with uniforms within seven
15
(7) calendar days of written notification to the Contractor by the City and
measurement of employee by the Contractor's representative. Such notification,
including the name(s) of new employee(s), shall be given to the Contractor's
Customer Service Representative (route man) at the time agreed upon for
delivery/pickup at that location. The Contractor may supply used uniforms to
new employees provided such uniforms are in good repair, are of proper fit, and
conform to all other City specifications.
4.9 Terminated Employees: The City shall provide Contractor with written
notification of terminated employees. Such notification, including the name($) of
such terminated employee(s), shall be given to the Contractor's Customer
Service Representative (route man) at the time agreed upon for delivery/pickup
at that location. Rental charges shall cease upon delivery of such notification.
Concurrent with, or within seven (7) calendar days of, such notification of
termination the City shall return the rental garments of the terminated employee.
City will pay any lost or damaged charges on the returned garments in
accordance with the provisions of the contract.
4.10 Extraordinary Sizes: The City recognizes that garments of XXL or other
extraordinary sizes may not be available from Contractor's local inventory. When
such garments are needed the Contractor shall strive to deliver them within the
normal 7-day replacement/ new delivery framework but the time allowed will be
relaxed to fourteen (14) calendar days.
5. Quantities: The City is obligated during the term of the Contract to rent needed
uniforms from the Contractor, and the Contractor is obligated to supply the quantities
which the City requires. The City reserves the right to increase or decrease the number
of employees served, at the unit rental rates per the Bid Proposal/Pricing page. The
quantities stated herein in "Special Conditions: Supplement A", are given as a general
guide for bidding and are NOT guaranteed amounts, but they do represent the best
estimate of the City based on most recent usage.
6. Delivery: The delivery of all uniforms associated with the Contract shall be F.Q.B.
Destination to any City facility location.
7. Delivery and pick-ua. City facility locations: The uniforms, as allocated, shall be
delivered and picked up at the following City facility locations on a weekly basis:
DEPARTMENT/DIVISION ADDRESS
Aviation/Custodian 3400 Tahquitz Canyon Way
Maintenance Palm Springs, CA 92262
Airport Grounds Maintenance
Recreation/Parks/Streets 425 N. Civic Drive
Facilities Maintenance Palm Springs, CA 92262
Fleet Operations
8, Contract Manager(s): The Contract will be performed under the direction and
supervision of the following Contract Managers for their respective City facility location:
CONTRACT MANAGER DEPARTMENT PHONE NUMBER
Marilyn White Airport Operations (760) 318-3820
Marty Davis Facilities/Streets/Fleet/Parks (760) 323-8167
16
Any reference to the Contract Manager in the contract shall mean the respective and
appropriate Contract Manager or his designated representative.
9. City Inspectors: City Inspectors (Contract Inspectors) are the Contract Managers and
shall inspect all work done and all materials furnished. Such inspections may extend to
all or any part of the work and to the preparation, furnishing or cleaning of the uniforms
to be used. The Inspector is not authorized to revoke, alter or waive any requirements of
the contract, nor is he/she authorized to approve or accept any portion of the complete
project. Me/she is authorized to call the attention of the Contractor to any failure of the
work or Uniforms to conform to the contract. Me/she will have the authority to reject
uniforms or to suspend the work until the questions at issue can be referred to and
decided by the Contract Officer.
10. Lost Charge: The City understands and agrees that all rental garments remain the
property of the Contractor; therefore, if a uniform is lost or stolen, a charge will be
recovered by the Contractor. Lost and stolen charges are to be charged at the unit
prices identified on the pricing pages of these Bid documents. The Contractor shall
identify the employee responsible for any loss and identify the date said loss occurred.
Notification to the City of any losses must be made by the Contractor in a timely manner
to provide an opportunity for the City to identify problem areas and to take corrective
action.
11. Damage Charges: The Contractor shall accept all normal wear and tear free of charge.
In the event that a garment is damaged in a situation other than normal wear and tear,
the City understands and accepts the fact that a damage charge will be assessed.
Damage charges are to be identified on the pricing pages of these Bid documents.
12.Additional Charges: Charges identified on the pricing pages of these Bid documents
shall be inclusive of any and all charges for rental, cleaning, delivery, pickup and any
other service necessary for performance of the contract. No additional charges for
uniform rental, cleaning, pickup and delivery will be honored by the City.
13. Correction of the Work: The Contractor shall promptly remove from the City facility
locations all Work rejected by the respective Contract Manager for failure to comply with
the contract, whether incorporated in the delivery or pickup count or not, and the
Contractor shall promptly replace and re-execute the work in accordance with the
contract and without additional expense to the City.
If the Contractor does not take action to remove such rejected Work within ten (10) days
after receipt of written notice, the respective Contract Manager may remove such Work,
store the materials, and replace the rejected Work with another Contractor's Work and
deduct charges therefore from monies due or to become due to the Contractor.
14.Warranty: The Contractor shall expressly represent, warrant and agree that all uniforms
for rental and/or cleaning services or Work provided or performed on or off City premises
relative to this Contract will:
A. Conform in all respects to the City's specifications, requirements or other
descriptions;
B. Be fit for the purpose or purposes of intended use;
C. Conform to all applicable local, State, and Federal laws and regulations;
D. Be of good quality, merchantable, of good workmanship, of materials best suited
for the intended purposes, and free from defects of any kind or nature
whatsoever.
17
Additionally, any usage statement, guarantee, or warranty stated in the Contractor's Bid
relating to uniform rental and cleaning services, or Work will be superseded by the terms
and conditions stated in the contract or in their absence by the following:
E. If said uniform rental and cleaning services or Work which is found to be
defective in material, workmanship or design fails or is found to be
nonconforming with the terms and conditions of the Agreement on any exchange
date after the date of commencement of the Agreement, it shall, at the City's
option, be repaired or replaced by the Contractor at absolutely no expense to the
City.
F. All items delivered or supplied hereunder will be free and clear of all liens,
encumbrances, claims and security interests of whatever nature and substance.
Upon request, the Contractor will supply the city with documents satisfactory to it,
evidencing the absence of such liens, encumbrances, claims and security
interests.
15. Public Access: The Contractor shall at all times conduct the Work in such a manner so
as to ensure the least obstruction to traffic practicable. The convenience of the general
public and the City employees shall be provided for in an adequate and satisfactory
manner. Fire hydrants shall be kept accessible to fire apparatus at all times.
16. Parking: the Contractor's representatives may only park or leave their vehicle(s) in
areas designated by the respective Contract Managers.
17. Uniform Disposition Upon Contract Expiration/Termination: Upon expiration of the
Agreement term, or termination of the Agreement, the City will not "buy-out" uniforms
that are in service. All uniforms that are in service will be returned to the Contractor in
an "as-is" condition, with no additional cost to the City for normal wear and tear. Upon
return of garments the City will pay any lost or damaged charges that apply.
18. Samples: Contractor shall submit samples of uniforms, representative of the uniforms
to be supplied under the Contract. These samples must be submitted within 14 calendar
days after Notice of Award. All samples must be tagged with the Contract Number and
the Contractor's name. The Contractor shall submit for City approval male and female
samples, where applicable, of the following items: One Shirt; One Pair of Trousers; One
Pair of Shorts; One Coverall; One City Seal Emblem; One Name Emblem; and One
Division Emblem.
The City may retain or destroy articles of the uniforms or the uniforms submitted as
samples for the purpose of determining Contract compliance with specifications
throughout the duration of the Contract by testing. The City will be free from any redress
of claim on the part of the Contractor as a result of such actions. Upon notification by
the City that a sample is available for return, it should be retrieved within 30 days or the
City will not be responsible for the disposition of said sample.
19. Inspection: The City reserves the right to tour the Contractor's plant and inspect Work
in progress, receiving, holding, and shipping areas to insure to the City's satisfaction that
Work is being performed in accordance with the City's Specifications. Such
inspection(s) may take place prior to award of the Contract or at any time during the term
of the Contract.
18
SCHEDULE "B"
SPECIAL REQUIREMENTS
SPECIAL REQUIREMENTS:
A. Project Coordinator: The Contractor is required to assign a Project Coordinator
to the Contract. This individual represents and has full authority to act for the
Contractor and shall be the City's key contact throughout the duration of the
Contract.
Project Coordinator: Paul DiVincenzo
Phone (909) 930-9096
B. Business License: The Contractor is required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40
through 3.96, entitled "Business Tax".
C. Performance Bond: The requirement for a Performance Bond is hereby waived for this
contract.
D. Time Is Of The Essence: Time is of the essence in performance of the work.
19
SPECIAL CONDITIONS:
SUPPLEMENT "A"
ESTIMATED CITY RENTAL USAGE BY
NUMBER OF EMPLOYEES PER DEPARTMENT/DIVISION
AND
CONTENT/TYPE OF UNIFORM REQUIRED
(SUBJECT TO CHANGE AT CITY'S DISCRETION)
SHIRTS & POLO SHIRTS
■ Division
Employees
Aviation/ Custodian 10 0 10
Aviation/ Maintenance 7 0 7
Air ord Grounds Maintenance 8 0 8
Parks/ Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 7 1
Street Maintenance 10 1 9
Shirt Totals: 68 8 60
EXECUTIVE PANTS, TROUSERS AND/OR SHORTS
■ Division
Employees Aviation/ Custodian 10 0 10
Aviation/ Maintenance 7 0 7
Airport/ Grounds Maintenance 8 0 8
Parks/ Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 0 8
Street Maintenance 10 1 9
Trouser and/or Shorts Totals: 68 1 67
COVERALLS, SEAT COVERS, MATS, MOPS & HANDLES
■ - Division
Employees -
Aviation/ Maintenance 7 7 0 4 Mops/Handles
Parks/ Recreation 0 0 0 0
Facilities Maintenance 6 6 0 0
Fleet Operations 1 1 2 2 Mat
Totals: 14 14 2
• 65% Dacron Polyester/ 35% Cotton Blend
• Rental on a bulk basis only/ usage maybe annual, seasonal or as outerwear with
turn-in on an irregular and /or infrequent basis
20
SCHEDULE "C"
SCHEDULE OF COMPENSATION
Responding to the Invitation for Bid 08-03 for UNIFORM RENTAL AND CLEANING SERVICES,
dated January 18, 2008, the Contractor agrees to provide the required services in good faith and as
per customary market/trade quality in accordance with the entire Scope of Services as defined in
Schedule A and Special Requirements as defined in Schedule B contained herein. The Contractor
shall provide the herein specified Uniform Rental and Cleaning Services to the various City of Palm
Springs' delivery and pick-up locations and will accept as full payment therefore the following unit
prices:
A. Basis of Compensation: All compensation due for uniform rental and cleaning and
delivery/pick-up services shall be included in and assessed as a rental rate without
interruption for all garments in service under this Agreement.
B, Rental Charges: Weekly uniform rental charges are assessed on half of the total inventory
assigned by Contractor to City at all City Facilities combined. When the assigned inventory
is a odd number of garments an initial "first delivery" charge will apply after which the weekly
rental shall be for half the inventory assigned to City rounded down to the nearest whole
number of garments/uniforms. The "first delivery charge" shall be assessed as the weekly
rental for half of the assigned inventory round up to the nearest whole garment/ uniform-
Weekly Rental Rates per garment are as follows:
Uniform Personnel Weekl #
Tax=Tor "Estieaninmated y Unit Weekly
Item# No Tax-- NT Uniform of
Description of Selrvice 9 Quantity li Changes price Extension
1 NT Blend Shirts 4 X 5 X $0.41 $820
- —
' '' Cottvn Shirts I '," '' 23' X j' S X $0.42 $48.30 I _
i
3 - NT - Polo Shirts 25 X
5 X $0.50 $75.00
Industrial $0.41
Shirts -
4 NT 1 X ', 5 X $2.05
5 NT Hi-Visibility Shirt: 12 X 5 X $0.60 $36.00
Short Sleeve
6 NT Hi-ng Visitiiliiy'Shirt: f X 5 $ $9.00
---- ._............... .Lo Sleeve -
7 NT Blended Trousers, Shorts or P5 X 5 X $0-41 $51,25
Reg. Gray Pants
8, i,Cotton Trousers or Shorts 22 ", X 5 X $0.45 $49.50
9 NT Blend Coveralls 14 X 5 X $0.60 $42.00
10 N7 j executive Pants , _,,._._..__ ,- 25 X �5„ --' Xl ' $0.65 $81.25
Total/ $402.55 ...
Week
Total% J,Week x 5 Annual^ $20,932.60
2
Annual x 3 - 3 Year Term $62,797.80
21
Weekly Rental Rates per Miscellaneous Equipment are as follows:
Tax--T or Miscellaneous Estimated Unit
Item,#_ i.No.Tax=-NT - - - Equipment - Quantity_,- Price _Extension------
11 NT Soil Bins 2 X $0-00 = $0.00
12 NT.. 8 Mal-ocker, 4,' . _. $O_0-0...
n ------
13 NT Hanger Rack 5 X $0.00 = $0.00
�14 NT 3 X 5 Mats . ... _.- --. _.-.2 .- X_ _,..,_.$2.50_�... .- $540..,
15 NT 38" Dust Mops 4 X $1.30 = $520
6. .,, . . NT'W ,.,dust Mo". Handle, ...,..
-1._-. I L_. �_._.__. . .L .. .._..P 4 ,, .., ,., 11,_ ...$0.00. 9 $0-00.,
17 NT Seat Covers 2 X $0.50 = $1.00
Weekly Total „ , $11,20 . -
Annual Totals $582.40
Annual x 3
Set Up. Preparation and Lost or Damaged Charges
Tax=T or Initial Set-Up Charges Estimated i; Unit
description',of5ervlce „Quantity,,; Extension Item#,,, No Tax,-NT, ----
18 NT Set-up charge for Initial
Installation &measurement per 82 X $0.00 $0.00
employee
. .Na
.-�9.,".. .. INITIAL Set-up Only(70 employees . .T ^.-.- _ $
T me Patches
'fo yees x , , 770 ,i X ,; $O.OD 0.00
11 patches . 1.
20 T Department Patches
"For INITIAL set-up only(42 employees x 462 X $0.00 — $0.00
11 patches
21.. T. "City E�mblema
^For INITIAL set-up only(57,employees x 627 X $0.00 - $0.00
'I 11 emblems)
Tax=T After Initial Set-Up Charges Unit
Item# No Tax= NT Description of Service Price_ - _
22 NT Set-up charge for New $0,75
... .
Installation &measurement per new employee
23 T ' Name PTERatches $0.60
' " "AF initial set-up_ '
24 T Department Patches
'AFTER initial set-up only $1.00
25 T City Emblems' $1.00
i. "AFTER initial sot-u, only
Tax--T or Change Out Fees Unit
Item#- No_Tax= NT. Description of Se,ryic
P e._.. Price,
26 NT Change out Fee per Item
'For exchanges in size or style(i.e.:Trousers to shorts,long sleeve to short sleeve) $0.75
"No Fee is to he Gharqed for exchanges due to worn-out garments.
22
Schedule of Compensation Continued:
Tax=T or, Casualty. Charges Unit
Item#µ..., ,NA Tar- Ni l),e§criptio,n,of,Service. W.. 'L Pr ce,..
27 NT Blend Shirts $14.00
"LostlSto/en/or Damaged
��
213 NT , , Cotton Shirts
i - `LostlStalenlorbamaged $16.00
29 NT Blend Trousers or Shorts $19.00
"LosbStolerd or Damaged
30 'NT„ Cotton Trousers or Shorts $21.00
_ _ - LostlStolerUor Damaged'
_
1 NT Blend Coveralls $26.00
"Lost/Stolen/or Damaged
32 NT Cotton,Coveralls $26.00
'Lost/Stolen/or Damaged
Prices above for Lost/Stolen or Damaged garments shall be the same, regardless of time in service.
Specialized or custom patches will be priced at the time of request.
C. Pricing: Pricing quoted in this Agreement shall be firm for the original three-year term of
the resulting Contract- The unit prices shall be all-inclusive of rental, cleaning, delivery
and pickup, and shall constitute the sole basis for computing the payment amount to the
Contractor.
D. Method of Payment: For all services which the Contractor is obligated to perform
under the Contract, the City shall pay to the Contractor a monthly price per facility/cost
center per appropriate unit prices as set forth in the Contract-
Payment shall be made by cost center upon submittal of a detailed Monthly Statement to
the respective Contract Manager(s) of the City of Palm Springs. The Contractor shall
submit a detailed Monthly Statement for each cost center. The cost centers are listed in
Schedule A, Section 7. Said Statements shall be submitted within the two weeks
following the end of a billing period defined as a calendar month.
Prior to the City payment of the Monthly Statements, the respective Contract
Manager(s) shall review and approve payment based on the satisfactory
completion of service. Payment shall be issued within thirty days of receipt of an
accurate monthly statement (Net 30)
E. Contract Not-To-Exceed Amount: Total compensation for initial 3 year term of this
agreement shall not exceed Seventy One Thousand Dollars ($71,000.00).
This amount is calculated on a 3 year total as follows:
Garment Rental: $62,797-80
Miscellaneous Equipment Rental: $ 1,747.20
Sub Total: $64,545.00
Estimated setup/damage and other
charges (based on 10% of subtotal): $ 6,455.00
3 Year Total: $71,000.00
23
SCHEDULE "D"
PERFORMANCE SCHEDULE
A. Term Of Contract: The term of this Contract will be for(3) three years from date of
award, with two (2) one (1) year renewal options upon mutual consent of the Contract
Administrator and the Contractor.
B. Option to Renew: At the sole discretion of the City, the Contract may be renewed for
two additional years or any portion thereof. If the City exercises its option to extend, the
unit prices shall be adjusted (decreased or increased) at the beginning of any such
renewal period to correspond with the most recent annual change to the Consumer Price
Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for
the Los Angeles, Anaheim and Riverside Areas.
C. Schedule of Work: The Contractor shall furnish to the City Representative a detailed
work schedule showing how the Contractor will accomplish the Contract requirements.
This work schedule shall indicate the number of personnel, tasks to be performed by
each person and the amount of time necessary to accomplish the work. The schedule
shall be kept throughout the duration of the Contract, and shall be modified and re-
submitted to the City Representative as required. Any work to be performed not
conforming to this schedule shall be approved by the City Representative prior to such
occurrence-
D. Adlustment of Services: The City reserves the right to reduce or increase, or
otherwise adjust the scope of services.
E. Work Hours: The normal hours of this Agreement will be established by each
respective Contract Manager for his City Facility, unless otherwise authorized and
changed by the Contract Manager in writing ("Work Schedule"). The Work's delivery
and pickup must be scheduled on a regular basis in accordance with the submitted Work
Schedule by the Contractor with at least one day's notice given in advance to the
respective Contract Manager prior to the starting of any Work which deviates from the
proposed Work Schedule.
The Contractor will not be permitted to do any Work that requires the services of the
City's Inspectors or supervisory personnel on days which are City-observed holidays or
on Saturday or Sunday, unless such Work has been previously authorized and changed
by the respective Contract Manager.
24
i
i
CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BID (IFB) 08-03
FOR
UNIFORM RENTAL AND CLEANING SERVICES
I
i
December, 2007
City of Palm Springs
Office of Procurement and Contracting
3200 East Tahquit-c Canyon Way
P.D. Box 2743
Palm Springs, CA 92263-2743
1
i
INVITATION FOR BID
IFB 08-03
DECEMBER, 2007
FOR PROVIDING UNIFORM RENTAL AND CLEANING SERVICES
INDEX;
f THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING- PAGE
COVER SHEET-,,,,,.,....................__........... 1
CONTENTS.............................. 2
NOTICE INVITING BIDS...-------- .................. 3
BIDDER'S CHECK LIST................................................................................................................ 4
TERMS &CONDITIONS ............................................................................................................5-6
SCOPE OF WORK, SPECIFICATIONS, & SPECIAL CONDITIONS ........................................ 7-14
BID PROPOSALIPRICING, PAGE 18 MUST BE MANUALLY SIGNED .................................. 15-18
AFFIDAVIT OF NON-COLLUSION ...........____......................___--------------................................ 19
INFORMATION REQUIRED OF BIDDER................................................................................20-21
BIDBOND FORM...............................-------__..................... ------................................................22
EXHIBIT"A"-SAMPLE CONTRACT SERVICES AGREEMENT............................................23-39
NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR
THE FAILURE TO OPEN, A BID NOT PROPERLY ADDRESSED AND IDENTIFIED,
STREET ADDRESS:
Division of Procurement& Contracting
3200 Tahquitz Canyon Way, Palm Springs, CA 92262
i MAILING ADDRESS:
Division of Procurement& Contracting
P.O. Box 2743, Palm Springs, CA 92263-2743
DATE DUE: FRIDAY, JANUARY 18, 2008
TIME DUE: 2.00 PM LOCAL TIME
BIDDER'S NAME: a-us a -c,+,0.1 1 Pr,,L D�V;�ce'170
ADDRESS: z, 50 s P,,(-O
PHONE: 6
SIGNATURE.
2
CITY OF PALM SPRINGS, CALIFORNIA
NOTICE INVITING BIDS
IFB 08-03
NOTICE IS HEREBY GIVEN that sealed Bids will be received at the Office of Procurement and
Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA, until Friday, January 18, 2008 at 2.00
P.M. local time, at which date and time they will be publicly opened and read in the Procurement and
Contracting Office for the following:
Uniform Rental and Cleaning Services for City employees at various delivery and pick-up
locations in the City of Palm Springs. The work includes furnishing all labor, equipment,
materials, and supervision necessary for the initial measurement and set-up of each uniformed
employee and the rental and cleaning services for their uniforms for the duration of the contract
period.
No Bid will be considered unless it is made on a bid form furnished by the City, Bids must be submitted
in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs,
Procurement and Contracting Division, P. O. Box 2743. Palm Springs, California 92263-2743_
The receiving time in the Procurement and Contracting Office will be the governing time for acceptability
of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see
I that any Bid sent through the mail shall have sufficient time to be received by the Procurement and
Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened_
I
Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-
8374, or via the Internet at the following address: htto1/www.oalmsorinas-ca.aov click on "Departments"
and go to"Procurement", "Open Bids".
NOTE: If you downloaded this bid via the internet at the address above, contact Leigh
Ann Gileno, Procurement Specialist 1, via email at LeiahAnn.GilenoApalmsprings-ca_gov
to be registered as a Bidder for this specific bid. Failure to register as a Bidder for this bid
may result in your firm not receiving bid addenda. Failure to acknowledge addenda with
your bid may cause your bid to be considered non-responsive.
The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or
technical defect in a bid.
Nigh tilen
Procurement Specialist I
Date: December 18, 2007
3
, i
CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BIDS NO.08-03
BIDDER'S CHECK LIST
I GENERAL INSTRUCTIONS TO BIDDERS:
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this
Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and
made part of their Bid. Other documents may be required to be submitted after the Bid opening
time and date, but prior to Award. Bidders are hereby advised that failure to submit the
documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE
II REQUIRED DOCUMENTS FOR BID SUBMITTAL:
BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not
completely filled out and submitted with the Bid.
'NOTE: ONLY THOSE ITEMS MARKED BY AN "X"ARE REQUIRED.
! X Index, Page 2, to the Invitation for Bids must be manually signed.
X Bid Proposal/Pricing, Page 18, must be manually signed.
X Erasures or other changes made to the Bid Proposal/Pricing Page must be initialed by the
person signing the Bid.
X Affidavit of Non-Collusion by Contractor form, Page 19, must be notarized and signed by a
Notary Public.
_2L Information Required of Bidders, including reference information, Pages 20-21, must be
completed.
X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with
the Bid in the amount indicated. Page 22 must be executed and notarized as indicated, if
applicable.
X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page
or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time
and Date.
4
CITY OF PALM SPRINGS
TERMS AND CONDITIONS
1. Bids must be submitted on Bid forms supplied by the Procurement & Contracting Office in a
sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number and date of
opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the opening_
After that time, Bids may not be withdrawn by the Bidder for a period of ninety(90)days and at no
time after award of Bid.
3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to
perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a
Bidder who is not in a position to perform such an agreement satisfactorily.
4_ The City of Palm Springs reserves the right to reject any or all Bids and to waive any informality
or technical defect in a Bid.
5. Bidders signed proposal and written acceptance by the City shall constitute an agreement.
6. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the sheets which make up this Invitation For Bid.
7. The price quoted by the bidder in his proposal shall include any sales or use tax levied by the
California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant
to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of
} Congress.
i
8. When discrepancies occur between unit prices and extended amounts the unit prices shall
govern_
! 9. Bidder will be required to file an Affidavit of Nan-Collusion with their Bid_ This shall be signed and
sworn before a Notary Public with a commission in the State of California.
% Successful Bidder will be required to be licensed in accordance with the Palm Springs Municipal
Code, Chapter 3.40 through 3.96 entitled Business Tax.
11. NO BIDDER WILL BE ALLOWED TO OFFER MORE THAN ONE PRICE ON EACH ITEM even
though bidder may believe that two or more types will meet the specifications. If said bidder
should submit more than one price on any item, all prices for the item may be rejected at the
discretion of the City.
12. Basis of Award: The City reserves the right to award to the lowest responsive and responsible
bidder based on either a line item amount basis or total lump sum amount bid, or to reject all bids,
as it may best serve the interests of the City.
13. Successful Bidder will be required to meet all City insurance requirements. See Contract
Services Agreement(Exhibit"A"), section 5.0.
14. The decision of the Palm Springs City Council will be final.
5
QUESTIONS: Bidders are specifically directed NOT to contact any city employee, commission
member, committee member, council member, or other agency employee or associate for any
purpose related to this IFB other than as directed below. Contact with anyone other than as
directed below may be cause for rejection of a Bid-
Any
questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN
WRITING and directed ONLY to:
Leigh Ann Gileno, Procurement Specialist
Procurement Department
P.O. Box 2743, Palm Springs, CA 92-263-2743.
(760)322-8374
Email: LeighAnn.Gileno(aa)palmsprings ca.gov
75. It is understood_thattb services pffered by_the_.Bid r will meet all requirgmerlts--2f the
specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment
titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative.
In order for the Bid to be considered, an explanation must be made for each item in which an
exception is taken,tgiving in detail the extent of the exception and the reason for which it is taken.
The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be
approved or accepted.
1
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t;
CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BIDS NO. 08-03
SCOPE OF WOR SPECIFICATIONS AND SPECIAL CONDITIONS
FOR
UNIFORM RENTAL AND CLEANING SERVICES
I. Sca a of Work:
Purpose: The purpose of this invitation to Bid (IFB) is to solicit bids from qualified firms to
perform uniform rental and cleaning services for the City of Palm Springs.
Background: The City of Palm Springs has seven different divisions that have employees that
are required to wear uniforms during the performance of their work duties (this does not include
either the Police or Fire Departments). The City provides for each employee to have a clean
uniform to wear each day while at work.
Scope of Work: The Contractor shall furnish uniforms on a rental basis, uniform cleaning
services and pickup/delivery services for all participating City Divisions/locations listed, and any
additional City Divisions/locations that the City from time to time may designate.
The Contractor shall do any and all Work and furnish all management supervision, labor,
materials, equipment, tools and appurtenances necessary for the performance and completion of
the contract in a manner called for herein and to the satisfaction of the City.
2. Uniform Socifications: The Contractor shall understand and agree that each new uniform
shall consist of one(1)shirt and one (1) pair of trousers OR shorts, as described below.
2.1 Shirts: shall be regular style with short or long sleeves (City's option), two pockets with
buttons, and City's choice of solid color(white or various shades of blue).
2.2 Trousers: shall be City employees' choice of "jean," "straight" cut or flex pant with elastic
gathers on two sides. Trousers shall be vat dyed and sanforized with zipper fly, double
stitched seat seams, bar tacked at points of stress, hemmed, not cuffed, City's choice of
color(s).
2.3 Patches: shall be dacron/cotton blend sanforized and embroidered of matching color.
2A Name and division emblems: shall be 11/z" x 31/2" and shall be sewn onto the uniform shirt
above the pocket. A 4" round City seal emblem shall be sewn on the left shoulder.
Employee names and divisions will be furnished to the Contractor within five (5) days of
award of Contract.
2.5 Fabric: shall be the City's option of 65% dacron/35% cotton or 100% cotton. The City
reserves the right to designate which employee shall be outfitted with which fabric on an
individual basis. Divisions may have a portion of their employees in blends and a portion
in 100% cotton.
2.6 Coveralls: shall be City employee's choice of blend or 100% cotton.
7
3. Proper_ Fit; The Contractor must individually measure each City employee to assure the
uniforms to be supplied will tit properly. Following initial delivery, each employee shall have an
opportunity to secure adjustments to make certain his/her personal requirements are being met.
Contractor shall contact each employee within seven (7) days of initial delivery to check for
proper fit.
4. Stamina inventory: The Contractor shall begin the Contract period by fumishing eleven (11)
uniforms per employee which must consist of eleven (11)long or short sleeve shirts (whichever is
appropriate as described herein)and eleven (11) pair of trousers or shorts.
5. Specifications for Uniform Rental and Cleaning Services:
51 Pickup and Delivery: All garments are to be maintained in a clean condition, satisfactory to
the City. The Contractor shall deliver laundered garments and pick-up dirty garments
once a week from each location serviced- The Contractor shall launder and return clean
the same number of garments turned in the previous week. The City and the Contractor
shall mutually agree upon which day(s) of the week the Contractor shall pick up and
deliver the uniforms.
5.2 Pressing: All blend garments may be tunnel finished and all 100% cotton garments must
be pressed. Following pressing, Contractor shall protect the uniforms from wrinkling
during the storage and delivery process. The City may reject any uniforms delivered with
wrinkles.
5.3 Continual Replacement: Contractor shall maintain garments with a constant good
appearance. Garment-far-garment replacements shall be made by Contractor as
garments become wom out or are damaged beyond repair. Each uniform shall be
replaced when it becomes stained, tom and/or when there is a hole in the uniform. Worn
garments shall be replaced at no cost to the City. Garments damaged beyond repair shall
be replaced and the City shall pay the applicable damage charge, as set forth in the Bid
Proposal/Pricing page.
5.4 Repairs: Contractor shall understand and agree that repairs which are made to a uniform
I must be neat, of professional quality, and can only be made to a uniform's seam.
I
5.5 Garment Control: At.the time of garment pick-up and for each City location, Contractor
shall prepare a complete list of garments picked up(detailed by individual).
Prior to departure from each City location, Contractor shall acquire on the garment list
prepared, the countersignature of the location's Contract Manager (or his designee)
identified in Paragraph 10 of these specifications. The countersignature shall represent
the City's agreement as to the accuracy of the list.
In order to facilitate comparison of the number of garments delivered to the prior week's
list of garments picked up, Contractor shall deliver garments on hangers separated by
individual employees.
5.6 Repair Tags: Contractor shall supply each City location in the uniform program with
service tags which may be affixed to any garment(s) requiring repair. Said tag must
provide an opportunity for an employee to identify the nature of the required repair so that
the item can be pulled for repair during the next processing cycle. Uniforms turned in
tagged for repair shall be returned by Contractor repaired within the next delivery cycle or
replaced with a substitute garment if the repair cannot be made to comply with the next
delivery cycle.
8
5.7 Condition of Materials on Delivery_ All uniforms shall be protected from precipitation and
against other damage while transit_ The uniforms shall be in a dry, clean and serviceable
condition upon delivery. If, upon unloading, uniforms are found damaged or otherwise
unsuitable, they may be rejected by the City, at no cost to the City.
If rejected, the respective Contract Manager(s) will notify the Contractor and will forward
an affidavit descriptive of all such damages to the Contractor. The uniforms will be
reloaded onto the same carrier's truck for return to the Contractor or for other disposition
as the Contractor sees fit.
5.8 New Employees: New employees shall be supplied with uniforms within seven (7)
calendar days of written notification to the Contractor by the City and measurement of
employee by the Contractor's representative. Such notification, including the name(s) of
new employee(s), shall be given to the Contractor's Customer Service Representative
(route man) at the time agreed upon for deliverylpickup at that location. The Contractor
may supply used uniforms to new employees provided such uniforms are in good repair,
are of proper fit, and conform to all other City specifications.
5.9 Terminated Employees, The City shall provide Contractor with written notification of
terminated employees. Such notification, including the name(s) of such terminated
employes(s), shall be given to the Contractors Customer Service Representative (route
man) at the time agreed upon for delivery/pickup at that location. Rental charges shall
cease upon delivery of such notification. Concurrent with, or within seven (7) calendar
days of, such notification of termination the City shall return the rental garments of the
terminated employee. City will pay any lost or damaged charges on the returned
garments in accordance with the provisions of the contract.
6. Quantities: The City is obligated during the term of the Contract to rent needed uniforms from
the Contractor, and the Contractor is obligated to supply the quantities which the City requires_
The City reserves the right to increase or decrease the number of employees served, at the unit
rental rates per the Bid Proposal/Pricing page. The quantities stated herein in "Special
Conditions: Supplement As. are given as a general guide for bidding and are NOT guaranteed
amounts, but they do represent the best estimate of the City based on most recent usage.
7. Delivery: The delivery, of all uniforms associated with the Contract shall be F.O_B_ Destination to
any City facility location.
S. Delivery and nick-ug, City facility locations: The uniforms, as allocated, shall be delivered
and picked up at the following City facility locations on a weekly basis:
DEPARTMENT/DIVISION ADDRESS
Aviation/Custodian 3400 Tahquitz Canyon Way
Maintenance Palm Springs, CA 92262
Airport Grounds Maintenance
Recreation/Parks/Streets 425 N. Civic Drive
Facilities Maintenance Palm Springs, CA 92262
Fleet Operations
9
9. Contract Mananer(sl: The Contract will be performed under the direction and supervision of the
following Contract Managers for their respective City facility location;
CONTRACT MANAGER DEPARTMENT PHONE NUMBER
Administrator Airport Operations—............. ........................to be determined
Administrator Facilities/Streets/Fleet/Parks.........................to be determined
Any reference to the Contract Manager in the contract shall mean the respective and appropriate
Contract Manager or his designated representative.
10.City Inspectors: City Inspectors (Contract Inspectors) are the Contract Managers and shall
inspect all work done and all materials fumished.. Such inspections may extend to all or any part
of the work and to the preparation, furnishing or cleaning of the uniforms to be used. The
Inspector is not authorized to revoke, after or waive any requirements of the contract, nor is
he/she authorized to approve or accept any portion of the complete project. He/she is authorized
to call the attention of the Contractor to any failure of the work or Uniforms to conform to the
contract. He/she will have the authority to reject uniforms or to suspend the. work until the
questions at issue can be referred to and decided by the Contract Officer.
11. Lost Charge: The City understands and agrees that all rental garments remain the property of
the Contractor; therefore, if a uniform is lost or stolen, a charge will be recovered by the
Contractor. Lost and stolen charges are to be charged at the unit prices identified on the pricing
pages of these Bid documents. The Contractor shall identify the employee responsible for any
loss and identify the date said loss occurred. Notification to the City of any losses must be made
by the Contractor in a timely manner to provide an opportunity for the City to identify problem
areas and to take corrective action.
12. Damage Charges: The Contractor shall accept all normal wear and tear free of charge. In the
event that a garment is damaged in a situation other than normal wear and tear, the City
understands and accepts the fact that a damage charge will be assessed. Damage charges are
to be identified on the pricing pages of these Bid documents.
13.Additional Charges: Charges identified on the pricing pages of these Bid documents shall be
inclusive of any and all charges for rental, cleaning, delivery, pickup and any other service
necessary for performance of the contract. No additional charges for uniform rental, cleaning,
pickup and delivery will be honored by the City.
14.Correction of the Work: The Contractor shall promptly remove from the City facility locations all
Work rejected by the respective Contract Manager for failure to comply with the contract, whether
incorporated in the delivery or pickup count or not, and the Contractor shall promptly replace and
re-execute the work in accordance with the contract and without additional expense to the City.
If the Contractor does not take action to remove such rejected Work within ten (10) days after
receipt of written notice, the respective Contract Manager may remove such Work, store the
materials, and replace the rejected Work with another Contractor's Work and deduct charges
therefore from monies due or to become due to the Contractor.
15.Warranty. The Contractor shall expressly represent,warrant and agree that all uniforms for rental
and/or cleaning services or Work provided or performed on or off City premises relative to this
Contract will:
A. Conform in all respects to the City'§ specifications, requirements or other descriptions;
8. Be fit for the purpose or purposes of intended use;
C. Conform to all applicable local, State, and Federal laws and regulations;
10
i
D. Be of good quality, merchantable, of good workmanship, of materials best suited for the
intended purposes, and free from defects of any kind or nature whatsoever.
i
Additionally, any usage statement, guarantee, or warranty stated in the Contractor's Bid relating
to uniform rental and cleaning services, or Work will be superseded by the terms and conditions
stated in the contract or in their absence by the following:
E. If said uniform rental and cleaning services or Work which is found to be defective in
material, workmanship or design fails or is found to be nonconforming with the terms and
conditions of the Agreement on any exchange date after the date of commencement of
the Agreement, it shall, at the City's option, be repaired or replaced by the Contractor at
absolutely no expense to the City.
F. All items delivered or supplied hereunder will be free and clear of all liens, encumbrances,
claims and security interests of whatever nature and substance. Upon request, the
Contractor will supply the city with documents satisfactory to it, evidencing the absence of
such liens, encumbrances, claims and security interests.
16. Public Access: The Contractor shall at all times conduct the Work in such a manner so as to
1 ensure the least obstruction to traffic practicable. The convenience of the general public and the
City employees shall be provided for in an adequate and satisfactory manner. Fire hydrants
i shall be kept accessible to fire apparatus at all times.
17.Parking: the Contractor's representatives may only park or leave their vehicle(s) in areas
` designated by the respective Contract Managers.
18. Uniform Disposition Upon Contract BxpirationfTermination; Upon expiration of the
Agreement term, or termination of the Agreement, the City will not 'buy-out" uniforms that are in
service. All uniforms that are in service will be returned to the Contractor in an "as-is" condition,
f with no additional cost to the City for normal wear and tear. Upon return of garments the City will
[ pay any lost br damaged charges that apply.
19.Samples: Contractor shall submit samples of uniforms, representative of the uniforms to be
supplied under the Contract. These samples must be submitted within 14 calendar days after
Notice of Award. All samples must be tagged with the Contract Number and the Contractor's
name. The Contractor shall submit for.City approval male and female samples, where applicable,
of the following items: One Shirt; One Pair of Trousers; One Pair of Shorts; One Coverall; One
City Seal Emblem; One Name Emblem; and One Division Emblem.
The City may retain or destroy articles of the uniforms or the unifoms submitted as samples for
the purpose of determining Contract compliance with specifications throughout the duration of the
Contract by testing. The City will be free from any redress of claim on the part of the Contractor
as a result of such actions. Upon notification by the City that a sample is available for return, it
should be retrieved within 30 days or the City will not be responsible for the disposition of said
sample.
20. Inspection: The City reserves the right to tour the Contractor's plant and inspect Work in
progress, receiving, holding, and shipping areas to insure to the City's satisfaction that Work is
being performed in accordance with the City's Specifications. Such inspection(s) may take place
prior to award of the Contract or at any time during the term of the Contract.
11
SPECIAL CONDITIONS:
1, Project Coordinator: The Contractor will be required to assign a Project Coordinator to the
Contract. This individual represents and has full authority to act for the Contractor and shall be
the City's key contact throughout the duration of the Contract A space is provided on the
Information Required of Bidder page for the Project Coordinator to be named with a telephone
number for contact with the respective Contract Manager(s).
2. Bidder Qualifications. In order to be considered for award, each Bidder must submit with their
Bid the "Information Required of Bidder", pages 19-20, completed in full.
3_ Bi_d_Security_ Each bid must be accompanied by cash, a certified or cashiers check or Bidder's
bond on the prescribed form herein and made payable to the City of Palm Springs in the amount
of two thousand five hundred dollars ($2500.00)_ Such guaranty shall be forfeited should the
Bidderto whom the Contract is awarded fail to furnish the required proof of insurance, bonds and
to enter into a contract with the City within the period of time specified in the IPB documents_
Securities may be substituted for retained funds, if applicable, per Public Contract Code Section
22300.
4. Business License: The successful bidder will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
5. Term Of Contract. The term of this Contract will be for(3)three years from date of award, with
two (2)one(1)year renewal options upon mutual consent of the Contract Administrator and the
Contractor_
A. Option to Renew: At the sole discretion of the City, the Contract may be renewed for two
additional years or any portion thereof. If the City exercises its option to extend, the unit
prices shall be adjusted (decreased or increased) at the beginning of any such renewal
period to correspond with the most recent annual change to the Consumer Price Index for
All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los
Angeles, Anaheim and Riverside Areas.
B. Contract Services Agreement: The successful bidder will be required to sign a Contract
Services Agreement in a form acceptable to the City. A sample of such an Agreement is
attached as an Exhibit"A" herein.
C. Schedule of Work-The Contractor shall furnish to the City Representative a detailed work
schedule showing how the Contractor will accomplish the Contract requirements_ This
work schedule shall indicate the number of personnel, tasks to be performed by each
person and the amount of time necessary to accomplish the work_ The schedule shall be
kept throughout the duration of the Contract, and shalt be modified and re-submitted to the
City Representative as required_ Any work to be performed not conforming to this
schedule shall be approved by the City Representative prior to such occurrence.
D. Adiustment of_Services - The City reserves the right to reduce or increase, or otherwise
adjust the scope of services.
6. Pricing: Pricing quoted in this Bid shall be firm for the original three-year term of the resulting
Contract. The unit prices shall be all-inclusive of rental, cleaning, delivery and pickup, and shall
constitute the sole basis for computing the payment amount to the Contractor.
7. Payment:_ For all services which the Contractor is obligated to perform under the Contract, the
12
City shall pay to the Contractor a monthly price per facility/cost center per appropriate unit prices
as set forth in the Contract.
Payment shall be made by cost center upon submittal of a detailed Monthly Statement to the
respective Contract Manager(s) of the City of Palm Springs. The Contractor shall submit a
detailed Monthly Statement for each cost center. The cost centers are listed in Specifications, 1,
C. Said Statements shall be submitted within the two weeks following the end of a billing period
defined as a calendar month.
Prior to the City payment of the Monthly Statements, the respective Contract Manager(s) shall
review and approve payment based on the satisfactory completion of service. Payment shall be
issued within thirty days of receipt of an accurate monthly statement(Net 30).
8. Award Of Bid_ The Bid will be awarded to the lowest responsive and responsible Bidder based
on the unit prices submitted on the Bid Pricing Page of this document.
Responsibility of a bidder will be determined by the City based on each bidders experience and
references, The City will be the sole judge with respect to the responsiveness and responsibility
of each bidder.
9. Performance Band: The requirement for a Performance Bond is hereby waived for this
Contract.
10.Time Is Of The Essence: Time is of the essence in performance of the work.
I
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13
SPECIAL CONDITIONS:
SUPPLEMENT`A"
ESTIMATED CITY RENTAL USAGE BY
NUMBER OF EMPLOYEES PER DEPARTMENTIDIVISION
AND
CONTENT/TYPE OF UNIFORM REQUIRED
(SUBJECT TO CHANGE AT CITY'S DISCRETION)
SHIRTS & POLO SHIRTS
DeparLmentl Division No. of UniformedBlend
Employees
Aviation/Custodian 10 0 10
Aviation/Maintenance 7 0 7
Ai orl!Grounds Maintenance 8 0 8
Parks/Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 7 1
Street Maintenance 10 1 9
Shirt Totals: 68 8 60
EXECUTIVE PANTS,TROUSERS AND/OR SHORTS
Departmentl Division
Employees Aviation/ Custodian 10 0 10
Aviation/Maintenance 7 0 7
Ai orV Grounds Maintenance 8 0 8
Parks/Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 0 8
Street Maintenance 10 1 9
Trouser and/or Shorts Totals: 68 1 67
COVERALLS, SEAT COVERS, MATS, MOPS & HANDLES
■ - Division
Employees Handles
Aviation/Maintenance 7 7 0 a2Mat
les
Parks/Recreation 0 0 0
Facilities Maintenance 6 6 0
Fleet Operations 1 1 2
Totals: 14 14 2
• 65% Dacron Polyester/35% Cotton Blend
• Rental on a bulk basis only/ usage may be annual, seasonal or as outerwear with turn-in on
an irregular and/or infrequent basis
14
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL.AND CLEANING SERVICES
BID PRICING PAGES
Responding to the Invitation for Bid 08-03 for UNIFORM RENTAL AND CLEANING SERVICES,
dated January 18, 2008, the Bidder proposes and agrees to provide the required services in good
faith and as per customary market(trade quality in accordance with the General Conditions and
Instructions for Bidders, Specifications and Special Conditions. The Bidder shall provide the
herein specified Uniform Rental and Cleaning Services to the various City of Palm Springs'
delivery and pick-up locations and will accept as full payment therefore the following unit prices'
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15
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
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Invitation for Bid(IFB) 08-03,
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
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Prices above for Lost/Stolen or Damaged garments shall be the same, regardless of time in service.
Note; It is requested of all Bidders to complete the second column, indicating a"T"for Taxable or
"NT for Non-Taxable. Once substantiated,this will eliminate potential invoicing discrepancies for
the duration of the contract.
Specialized or custom patches will be priced at the time of request.
17
The Bidder proffers this Bid with the understanding and agreement to begin full service by
Tuesday February 19 at 8:00AM local time. It is further understood and agreed that any Bid
submitted in response to this Invitation for Bids may not be withdrawn until Ninety (90) calendar
days from the Bid Opening date and time.
Invitation for Bid (IFB)08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
Name of Bidder(Company/Firm):
Authorized Representative of Bidder(print Name and Title): u �, ✓, ,-n
vllmi'.b`L-
Authorized Signature: _ � Date: 1- i1-a�d�
California State Business License Numbers(s) & Registrations(s):
13L000 qot
Explain in detail how damage charges are assessed and calculated. Include amortization notes
over a contract duration of three(3)firm, fixed pricing years and by life of garment:
nd d,•n� ,,, .JA Yap r,H:. .,+ U... ...pla rr „!n4 40�- l...w. ulvr .4a nrr�.,lw . [- - Vti r.?
I
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State response time for repairs to uniforms after notification by City tagging and pickup by
Contractor: (%,j., !l n� . ..J, i.Nn l+f•__ r» r� Y � >roirr r.r
��rLP /'r d-H l.s,nr �l-ke�+ rl✓r..-„I ir/7�.,i l.r_ .W �._ /JYLC wpl lL fer -''r JKL 56:r=rc �,nf,( cr7 �1I<r•;F� r�.n.YS, 1.. �;PJ. /• r �r'.5 nn
State Bidder availability for on-site problem resolution and/or City requested conferences in terms
of distance to be traveled or time to respond: lj,-
1 t ( be w� 1 . S'P• �ry F'if.�r� r..r ,r h',Ni r �]l .t—
itinr � �£f tirs ocn rr ��-
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Please describe proposed methodology to resolve individual usage, inventory,wear or
appearance problems: e cu,r`q t�31s r, h 1 n /- r l.'i rP/' we ;"I
Lf 1� LUn r'r...�'rls r I,.n}-. fir.✓ r fin` rl Ci ('r_K.�;� r ��Gl:�- G"W ��/r..P�.� L9n� rrJ,^'G':._re
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND
SUBMITTED WITH PROPOSAL
State of California )
ss.
County of o )
1, I U„c.. , being tirsf duly sworn, deposes and says that he or she
is . ��o �, �-d e- of G• s C•-p _the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder
has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in
the proposed contract;that all statements contained in the bid are true; and,further,that 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, or paid, and will not pay, any fee to any corporation,
j partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
BIDDER:
BY:
TITLE '5�
ORGANIZATION
ADDRESS 2iSo s
SUBSCRIBED AND SWORN TO BEFOR E THIS I DAY OF J 20
NOTARY PUBLIC IN AN OR SAID
COUNTY AND STATT
MYCOMMISSI KEXPIRES:
19
CALIFORNIA JURAT WITH AFFIANT STATEMENT
- .- - •,cow,�C':-��.'�-�,cr..cr.<-.e�..zr�-.--. - . ,�C�C',�(�.�larcrcr•.c�-F,cr..erc
0&e Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
'1S1gnvwrc ol�bocomont Signor No 1 Signature of Document Signer No 2(if any)
State of California
Countyof �z1- ✓y�r�1�
Subscribed and sworn to (or affirmed) before me on this
T day of J 41?-t , 20±1, by
❑.tnh Month year
(1) rA-U ` 1�IVrn7C6,JI-P
Name or Signer
�.� BHAVM PATEL
Commission 1471974 proved to me on the basis of satisfactory evidence
T "{ Notary Publicrn •California 7 to be the person who appeared before me
Son Bernardino County
_' ` My Comm Expiresreb24.2008 (and
(2)
Na o1 Signer
proved to me o e basis of satisfactory evidence
to be the pe n who appeared before me.)
Signature vt" ,Z" &A
Signature of Notary Pubhc
Plucu Not, Sc,l Abwo
OPTIONAL
Though the Vrformalicn below Is not required by law it may prove
valuable to persons relying on the document and could prevent -
fraudulent temoval and reattar hrpent of this form to another document Top of thumb Moro Tap of thumb here
Further Description of
Any Attached Document
Title or Type of Document: !_ w G t 'tor-, A 1%°' r`,;y Aq r i
Document Date: Number of Pages
Slgner(s)Other Than Named Above
02007 Natlonol Nelary,l—oration•4350 Do Soto Ago,PO Box 2402•Chatswonh CA 91313-2402-w NoeomlNm-nyorg gnm115010 Reorder Cell Toll-Free 1-600-976-6027
{
CITY OF PALM SPRINGS
UNIFORM RENTAL AND CLEANING SFRVICES (IFB 08-03)
Information Required of Bidder
NO PROPOSAL WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL.
ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following:
1- Contractor/Firm Name and Address
2. Name and Title of person authorized to negotiate a contract for the firm:
�wl �7.V „c.n-zm C , Ir. �nrr•ci.rlr �.'N� --
3. Telephone Number: ,za; -X3O- ic'f, (FAX) 930- yY
{ 4. E-mail address: d, "4 7R;)0 r c-.n
5. Type of Firm: ❑ Individual ❑ Partnership U Corporation ❑ Other
6. Corporation organized under the laws of the State of 06 n
7. Business License No. RI, DC'D 4�j01 Expiration Date:
1
& List at least five (5) current contracWreferences which are similar to the requirements in
this IFB.
Contract$ Contract Account Name &Address Contact Person
Amount Term & Phone Number
a.
y'-16•un trrfn, G..•!rs I n.�,.fr..,l�.rll�Cf� ��'l� [�0�341-100D
J
b. I Jr70 SyFF ; Ln . /a l.r - ilrsrr} L'A
�` 6�r•�'� Jr,r � �,i:V ,J,ul[drG i273� 7k+.' z?-.krl
C. qk 720 .j- A),
d)1i l,?yr,l•u SYPrrr �Y l / C✓S �y x �/n
6 v61r ,C,i/ v /��l✓/-r,l C,,�,' s'73� �7r-�) ;'Zl -575�
r � ,
ejLI'LlYi,'9{J
Irl7Y k�r� " f�rtil/Jlnr1,� C17Ky 7*-7;,
i
20
I
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9. List the name, title, and telephone of the person ("Project Coordinator")who will
supervise full-time the work of this Contract for your firm:
Pc.„1_ I7 J.,,rrn z o ' 40°1)F30-Q09E �.r'„�_•F�II��,�,I�
10. Number of years in this type of business: 0-1p,�,r s
11. Response Time, if applicable: _lg-,IK PIovrs Mtix.�•u�
(USE THE SPACE BELOW AND ADDITIONAL PAGES IF NECESSARY)
I
I
21
• •
EXHIBIT"A"
CITY OF PALM SPRINGS
CONTRACT SERVICE AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this J_;' day of «. 200�r by and between the CITY OF PALM SPRINGS,
a municipal corporation, (he�and C. s Ca- _0.-, on , (herein
"Contractor"). The term Contractor includes professionals performing in a consulting capacity.
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
- 11 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes
of this Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work under similar
circumstances.
1.2 Contractor's_Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth
herein. In the event of any inconsistency between the terms of such proposal and this
Agreement,the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1 A Licenses, Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the scope of services to be performed
(b) has carefully considered how the services should be performed and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Contractor shall
23
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent Josses or
damages, and shall be responsible for all such damages, to persons or property, until acceptance
of the work by City, except such losses or damages as may be caused by City's own negligence-
1.7 Further Responsibilities of parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties
agree to act in good faith to execute all instruments, prepare all documents and take all actions as
may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1-8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (H)
the time to perform this Agreement, which said adjustments are subject to the written approval of
the Contractor_ Any increase in compensation of up to five percent (5%) of the Contract Sum or
$26,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may
be approved by the Contract Officer_ Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1.9 Special_Reguirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit "B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the `Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of A (herein "Contract Sum"), except as
provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon
completion, (ii) payment in accordance with the percentage of completion of the services, (ill)
payment for time and materials based upon the Contractor's rates as specified in the Schedule of
Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be
specified in the Schedule of Compensation. Compensation may include reimbursement for actual
and necessary expenditures for reproduction costs, telephone expense, transportation expense
approved by the Contract Officer in advance, and no other expenses and only if specified in the
Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all
project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any
additional compensation for attending said meetings,
24
2.2 Method-of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first(V)working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively_
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, unusually 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 Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Contractor be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section,
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit"D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
25
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written approval of City.
4.2 Contract Officer_ The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of
the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting-- or Assi nment The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of the City. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily
or by operation of law, whether for the benefit of creditors or otherwise, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or group
of persons acting in concert of more than twenty five percent (25%) of the present ownership
If and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event
of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be
void. No approved transfer shall release the Contractor or any surety of Contractor of any liability
hereunder without the express consent of City.
E The City's policy is to encourage the awarding of subcontracts to persons or entities with
I offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work, Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specked in Section 6.2.
4.4 Independent Contractor_ Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint
venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Types of Insurance_ Contractor shall procure and maintain, at its sole cost
26
and expense, in a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, or employees. In the event the City Manager
determines that the Work or Services to be performed under this Agreement creates an increased
or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the
insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified herein. Except as otherwise authorized below for
professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required
hereunder shall be as follows:
a) Commercial General Liability Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the tern of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of at least one million dollars ($1,000,000.00) and two million dollars
($2,000,000.00) general aggregate for bodily injury and property damage including
coverage's for contractual liability, personal injury, independent contractors, broad
form property damage, products and completed operations.
b) Workers'Compensation Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation
j insurance in at least the minimum statutory amounts, and in compliance with all
other statutory requirements, as required by the State of California. Contractor
agrees to waive and obtain endorsements from its workers' compensation insurer
waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies. If Contractor has no
employees, Contractor shall complete the City's Request for Waiver of Workers'
Compensation Insurance Requirement form.
c) Business Automobile Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the
amount of one million dollars ($1,000,000.00) bodily injury and property damage.
The policy shall include coverage for owned, non-owned, leased, and hired cars.
d) Employer Liability Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million
dollars ($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager prior to commencing
any work or services under this agreement. Contractor guarantees payment of all deductibles
and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions
in excess of $10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Contractor's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Contractor pursuant to this Agreement:
27
l � �
6.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City
and its officers, council members, officials, employees, agents, and volunteers
shall be in excess of Contractor's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to each insured, including
additional insured's, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations shall limit the application of such insurance
coverage.
5.3.4 None of the insurance coverage's required herein will be in compliance with these
requirements if they include any limiting endorsement which substanti v impairs
tltp eraoe's set forth herein (e.g., elimination of contractual liability or reduction
of discovery period) ess tlxe-enclo.r.semeiit-hw-finAJiegnsubmifted to the al
Manager and approved in writin_Q.,
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the endorsements. Certificates
of insurance will not be accepted in lieu of required endorsements, and submittal of
certificates without required endorsements may delay commencement of the
Project. It is Contractor's obligation to ensure timely compliance with all insurance
submittal requirements as provided herein.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor
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. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Project will be submitted to the City for review_
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with any insurance requirement
in no way imposes any additional obligations on the City nor does it waive any
rights hereunder in this or any other regard.
5.3.8 Contractor shall provide proof that policies of insurance required herein expiring
during the tens of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to City no
later than ten (10)days prior to expiration of the lapsing coverage.
28
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5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Speck
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 limiting
or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this section.
5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any
other claim or loss which may reduce the insurance available to pay claims arising
out of this Agreement. City assumes no obligation or liability by such notice, but
has the right(but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City, or to reduce or dilute insurance available for
! payment of potential claims.
!� 5.3.12 Contractor agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for
the payment of damages resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California_ Coverage shall be provided by
insurers admitted in the State of California with an A.M. Bests Key Rating of B++, Class VII, or
better, unless such requirements are waived in writing by the City Manager or his designee due to
unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements, affecting
all of the coverage's required by this Agreement The certificates and endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All proof of
insurance is to be received and approved by the City before work commences. City reserves the
right to require Contractor's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and Omissions
and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured..,"r"as respects City of Palm Springs Contract No._"or "for any and all work
performed with the City"may be included in this statement).
2_ "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract Na" or "for any
and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
29
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thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must be
authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
5.6 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in
the form provided by the City, which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original, notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney_ The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement
5.7 Sufficie C of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best `s Key Rating Guide or in the Federal
Register, unless such requirements are waived by the City Manager or designee of the City
Manager due to unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement create an increased or decreased risk of loss to
the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the City Manager or designee; provided that the Contractor shall have the right to
appeal a determination of increased coverage by the City Manager to the City Council of City
within ten (10)days of receipt of notice from the City Manager,
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement. For
this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances,
techniques, or events that may or will,materially increase or decrease the cost of the work or
services contemplated herein or, if Contractor is providing design services, the cost of the project
being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and, if
Contractor is providing design services, the estimated increased or decreased cost estimate for
the project being designed.
6.2 Records, Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
30
enable the Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City
upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county. Contractor covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall not the injuring party, in writing, of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's or the Contractor's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for
any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may
be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to
31
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perform Contractor's obligation under this Agreement. In the event that any claim is made by a
third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall
exist which shall appear to be the basis for a claim of lien, City may withhold from any payment
due, without liability for interest because of such withholding, an amount sufficient to cover such
claim_ The failure of City to exercise such right to deduct or to withhold shall not, however, affect
the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided
herein_
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other partys consent to or
approval of any subsequent act Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either parry of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times,of any other rights or remedies
for the same default or any other default by the other party.
7.6 Leg at Action_ In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
C injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and
shalt pay to the City the sum of� ,, ��, .�__� as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit "ID"). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
7,8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with or
Without cause, upon thirty (30) days written notice to Contractor, except that where termination is
due to the fault of the Contractor, the period of notice may be such shorter time as may be
determined by the Contract Officer_ In addition, the Contractor reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to City, except
that where termination is due to the fault of the City, the period of notice may be such shorter time
as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated. termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In
the event of termination without cause pursuant to this Section, the terminating party need not
provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
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7.9 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Contractor for the purpose of set-of or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorneys fees
shall be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES. NON-DISCRIMINATION
8.1 Nan-liability of City Officers and Employees_ No officer or employee of the
I City shall be personally liable to the Contractor, or any successor in interest in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement
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8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third parry any money or other consideration for
obtaining this Agreement.
8.3 Covenant Against Discrimination_ Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin, or ancestry_
9A MISCELLANEOUS PROVISIONS
9.1 Notice, Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
33
fseventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply,
9.3 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at anytime by the mutual consent of the parties by an instrument in writing.
9.4 Sevembility. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound.
(Signatures on next page)
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- --- - --------
I
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: Sr
City Clerk City Manager
APPROVED AS TO FORM:
BT
City Attomey
CONTRACTOR; Checkone:—Individual,_Partrlership_Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board.President or any Vice Presidem.The second
[ signature must be from the Secretary,Assistant Sec(etary,Treasurer,Assistant Treasurer,or Chief Financial Officer)-
By:—
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: Name:
Title' ll Title:
State Of f State of ! _.
County of fss County of Iss
On before me, On before me,
personally appeared
personally appeared personally known
personally known to me(or proved to me on the basis of satisfactory evidence)
to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the
to be the person(s)whose name(s) Ware subscribed to the WIhln instrument and acknowledged to me that he/shellhey
within instrument and acknowledged to me that he(shelthey eaacuted the same in his/her/their authorized capacity(ies),
executed the same In Nslhedtheir authorized caoacity(ijes), and that by his/hedtheir slgnature(s) on the instrument the
and that by his/her/their signature(s) on the.Instrument tho porson(s), or the entity upon behalf of which the parson(s)
person(s), or the entity upon behalf of which the pelson(s) acted,executed the instrument.
acted.executed the instrument WITNESS my hand and official seal.
WfrNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
35
f • •
EXHIBIT"A'
SCOPE OF SERVICES
-I-y �( �'. 1., fir.'Js a !:•L,_i_ c r�..�l., r:lS.
i'r ler[..4'
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EXHIBIT"B"
SPECIAL REQUIREMENTS
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_37
EXHIBIT "B"
SPECIAL REQUIRMENTS
Preface: Cintas is "Requesting" these exceptions but will move forward without
complete acceptance of them by the City of Palm Springs; and would work with the City
of Palm Springs to adjust these if the City of Palm Springs is open to it.
Requests by Page and Section:
Page 11, Section 18. : 4 Add text after,"..normal wear and tear"; or if not returned or
returned with excess wear and tear, city will pay current lost/damage replacement value
for such uniforms.
Page 30 & 31, Section 6.2: 4 Add text after, "such records" upon advance written
notice.
Page 31, Section 6.3: a Remove section: It is not applicable or reasonable for uniform
services.
Page 31 & 32, Section 7.3: 4 Remove Section: Is not applicable or reasonable for
uniform services.
Page 32, Section 7.7; a Remove Section: Is too broad and not reasonable.
Page 33, Section 7.9: 4 Remove Section: Based on Section 7.2 and 7.8 this would be a
mutual 30 day or 60 day mutual cancellation ability for any reason. OR we can mutually
implement a Service Based cancellation in some area that holds Cintas accountable:
Service Based Termination Example:
Cintas Guarantees to deliver the highest quality textile rental service at all times. Any
complaints about the quality of product or service which have not been resolved in the
normal course of business must be sent in writing to the Cintas servicing location's
General Manager. If the Company then fails to resolve any material complaint within 30
days, the Customer may terminate this agreement provided all rental items are paid for
at the then current replacement values or returned to the Company.
EXHIBIT •C"
SCHEDULE OF COMPENSATION /
i. w�rc 1' ly , ..�'i0i[r'S sd .'/) hC r/P�,�u i[•�/ ��.; �L.c o-e Li.�/..lr�� .%`�r�'�y��/ `
(2, r-1nn46i �y `.,td._ :_rd � {..}ev ,�� .� ,11 L•r �,. r,.'/r„/ �•n cr�.c /cam c+.- a�.t "F
11 ,7 v n 4-. /G'h cr.L p ..J ��..o.. Ulq �er F ar [•.,on r 5
J.[.e.s -1c:M.,., -e.fe/ vn 4-t �0,V-f,i
Ll ._I-�-- '-�-L`-e C:J-y
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EXHIBIT"D"
SCHEDULE OF PERFORMANCE
- �':.,•IDS io" )1 ,^l� l;w.✓ Gr.�r� !r' r. IC �,�� �r.•rU�c+.'i i ���—S m.� �'h a,'`l- G/c� r".✓J�
- /`/'' /,p�,q✓� W I I bt �<l„c%�l��,a �Lc,� Gfa,_� 1�.���- r err �:�•%_ ,7n .
�7 r(
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39
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NOTICE INVITING BIDS (IFB 08-03)
FOR
UNIFORM RENTAL AND CLEANING SERVICE
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL
TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
CLARIFICATION OF INSTRUCTIONS TO BIDDERS:
It is IMPERATIVE that you contact Leigh Ann Gileno, Procurement Specialist 1, via email
at LeighAnn.Gilenq@palmsprings-ca.aov to officially register as a Bidder for this speck
Bid with your company name, address, phone, fax, contact person and email address.
Failure to officially register may result in not receiving addenda to the IFB. Note: You
may also register your firm in the City's on-line general vendor database system while
on the website, but you MUST still contact Leigh Ann Gileno as instructed above to
register as a bidder for this sspec c IFB 08-03-
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE_
Q 1: Is there a separate form or request I need to fill out to receive the current pricing
for the City as a public agency? If so what are the steps?
A 1: No, the City is providing the current pricing information requested as an
attachment to this addendum-
Q 2: Is there a`Living Wage" requirement attached to this bid?
A 2: No.
Q 3: Does the City follow the ANSI 107-2004 standards regarding the High Visibility
uniforms?
A 3: Yes.
Q 4: Is there a need for Flame Resistant uniforms for any workers to comply with the
NFPA 70-E measures?
A 4: No.
Q 5: Based on(p.14)of the Bid. I'm estimating a total of 150 Employees in Uniform. Is
that correct?
A 5_ No. There are 68 employees that require uniforms.
Q 6- Bid Clarifications and Request for Revisions Do we submit any requests for
changes in writing before or with the bid? Or is there a way to reserve the right
to negotiate mutually acceptable terms after we win the bid?
A 6: The City does not negotiate the standard terms and coriditions of the boiler plate
contract services agreement. Any exceptions to the language in the contract
must be submitted in writing on a separate sheet with your bid and may be a
factor in award.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
L i h nn ileno
Procurement Specialist I
City of Palm Springs
DATE: January 8, 2008
ADDENDUM ACKNOWLEDGMENT:
Bidder Firm Name: , ��, r, , ,, :4' .-
Authorized Signature:
Date: i r zvs r
Acknowledgment of Receipt of Addendum 1 is required by signing and including the
acknowledgment with your bid. Failure to acknowledge this Addendum may result in
your bid being deemed_non-responsive.
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Effective January 26, 2007
WEEKLY RENTAL RATES FOR CITY OF PALM SPRINGS 2007-2008
GARMENT❑ESCRIPTTON WEEKLY RATE REPLACEMENT VALUE
SHIRTS:
INDUSTRIAL SHIRT $ 0-42 $ 17.77
SAFETY SHIRT $ 1.07 $ 19.54
COTTON SHIRT $ 0.43 $ 21,28
POLO SHIRT $ 0.64 S 17.77
HI-VIS SAFETY SHIRT $ 0-81 $ 30.16
HI-VIS SAFETY SHIRT $ 0-60 $ 20-74
TROUSERS/SHORTS:
BLEND TROUSER-WOMEN $ 0.43 $ 21.28
WOMEN'S GRAY PANTS $ 0.43 $ 21.28
COTTON TROUSER-MEN $ 0.48 $ 23.42
INDUSTRIAL TROUSER-MEN $ 043 $ 21.28
REGULAR GRAY PANTS $ 0.43 S 21,28
REGULAR GRAY SHORTS $ 0-43 $ 2128
BLEND SHORTS $ 0-48 $ 23-42
EXECUTIVE PANTS $ 0,71 $ 26-39
KHAKI PANTS $ 0.71 $ 22.35
CASUAL SHORTS $ 0.71 $ 22.35
WESTERN GRAY PANTS $ 0-43 $ 2128
COVERALLS:
BLEND COVERALLS $ 0.86 $ 32.32
COTTON COVERALLS $ 0.92 $ 34.47
MACHINEAPRON $ 0-71 $ 9.70
SEAT COVERS $ 0.54 $ 16-16
IFB 08-03 Uniform Rental Cfeaning Service Page 1 Current Pricing for Addendum*1_xls
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GARMENT DESCRIPTION ORIGINAL REPLACEMENT VALUE
WEEKLY RATE
MATS/MOPS/HANDLES
3x5 MATS $ 323 $ 50.63
06 MATS $ 4.68 S 77-56
W 0 MATS $ 6.19 $ 101.26
38"DUST MOPS $ 1.40 $ 19.39
DUST MOP HANDLE NO CHARGE $ 16.16
If SOIL LOCKER NO CHARGE $ 269.30
8 MAN LOCKER NO CHARGE $ 511.66
HANGER RACK NO CHARGE $ 12.93
BAG STAND NO CHARGE § 12.93
LOST OR DAMAGED CHARGES CHARGE PER
GARMENT
GARMENT DESCRIPTION
SHIRTS:
BLEND SHIRT $ 17.77
COTTON SHIRT $ 2128
TROUSERS!SHORTS;
BLEND TROUSER-WOMEN $ 2128
COTTON TROUSER-MEN $ 23-42
BLEND TROUSER-MEN $ 21.28
BLEND SHORTS $ 23.42
COVERALLS:
BLEND COVERALLS $ 32,32
COTTON COVERALLS $ 34.47
MISCELLANEOUS CHARGES
NAME PATCHES $ 1.07
DEPTJ DIVISION PATCHES $ 2.16
CITY EMBLEM PATCHES 3 2.16
PREP-CHARGE-NEW ORDERS - - $ 1-07
SET-UP CHARGE NEW EMPLOYEE- $ 11.84
IFB 08.03 Untform Rental Cleaning Service Page 2 Current Pricing for Addendum#1 As
� i •
Ok FALAq s
rvA�
• ��.tFp�H�
NOTICE INVITING BIDS (IFB 08-03)
FOR
UNIFORM RENTAL AND CLEANING SERVICE
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items_
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
! SPECIFICATIONS AND INSTRUCTIONS ARE TO BE -INCLUDED IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS- THIS ADDENDUM SHALL
TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
CLARIFICATION OF INSTRUCTIONS TO BIDDERS:
The City has received the following questions and is hereby providing answers
thereto.
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: After reviewing your IFB, my General Manager had a question about the $2500
Bid Bond that you,were requesting along with the pricing, business information
etc. Can you please elaborate, and describe what this fee is for, and if it is
refundable, and the overall terms-
A 1: The Bid Bond that is requested on page 12 of the bid document is a written
guaranty from a third party guarantor(usually a bank or an insurance company)
that is submitted to a principal (City of Palm Springs) by a contractor(bidder) to
ensure that on acceptance of the bid by the City, the bidder will proceed with the
contract Otherwise, the guarantor will pay the City the difference between the
contractor's bid and the next lowest bidder.
Upon completion of award to the successful bidder, all bid bonds are returned to
the bidders. Such guaranty shall be forfeited should the Bidder to whom the
Contract is awarded flail to fumish the required proof of insurance, bonds (if
required) and to enter into a contract with the City within the period of time
specified in the IFB documents. Securities may be substituted for retained funds,
if applicable, per Public Contract Code Section 22300,
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Q 2: 1 also wanted clarification, if this is due at the time the IFB is awarded or prior to.
A 2: Each bid must be accompanied by cash, a certified or cashier's check or Bidders
bond on the prescribed form herein and made payable to the City of Palm
Springs as stated in the Bid document on page 12.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Lei n ileno
Procurement Specialist 1
City of Palm Springs
DATE. January 11, 2008
ADDENDUM ACKNOWLEDGMENT:
Bidder Firm Name: _ �,', ,4, Lu ��r• 4
Authorized Signature; ��.•:�� �
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the
acknowledgment with your bid_ Failure to acknowledge this Addendum may result in
your bid being deemed non-responsive.
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That as
Principal, and
as Surety, are
held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of
(state in words and figures):
$2,500.00 Two Thousand Five Hundred Dollars
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule(s)of the City's Contract Documents entitled:
IFB 08-03 Uniform Rental and Cleaning Services
i
J NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and
in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a
written Agreement on the form of agreement bound with said Contract Documents and furnishes
the required Certificates of Insurance, then this obligation shall be null and void, otherwise it shall
remain in full force and effect_ In the event suit is brought upon this bond by said City and City
prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable
attorney's fee to be fixed by the court.
SIGNED AND SEALED this Iff' day of ,lk .•r v 20 06�
CONTRACTORS/ SURETY_
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Chief Financial Officer)
22
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and official seal.
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Place Notary Sell Abova Sipnatura of Notary Public
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
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CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BID (IFB) 08-03
FOR
UNIFORM RENTAL AND CLEANING SERVICES
December, 2007
City of Palm Springs
Office of Procurement and Contracting
3200 Bast Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
1
INVITATION FOR BID
IFB 08-03
DECEMBER, 2007
FOR PROVIDING UNIFORM RENTAL AND CLEANING SERVICES
INDEX:
THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE
COVERSHEET----------------------------------------------------------------------------------------------------------------------------- 1
CONTENTS.................................................................................................................................... 2
NOTICE INVITING BIDS ---------•------------------------------------------------------- ------....... ....... 3
BIDDER'S CHECK LIST................................................................................................................ 4
TERMS & CONDITIONS ............................................................................................................ 5-6
SCOPE OF WORK, SPECIFICATIONS, & SPECIAL CONDITIONS ........................................ 7-14
BID PROPOSAUPRICING, PAGE 18 MUST BE MANUALLY SIGNED ---------------------------------- 15-18
AFFIDAVIT OF NON-COLLUSION .............................................................................................. 19
INFORMATION REQUIRED OF BIDDER................................................................................20-21
BIDBOND FORM......................................................................................................................... 22
EXHIBIT "A" - SAMPLE CONTRACT SERVICES AGREEMENT --------------------------------------------23-39
NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR
THE FAILURE TO OPEN, A BID NOT PROPERLY ADDRESSED AND IDENTIFIED.
STREET ADDRESS:
Division of Procurement & Contracting
3200 Tahquitz Canyon Way, Palm Springs, CA 92262
MAILING ADDRESS:
Division of Procurement & Contracting
P.O. Box 2743, Palm Springs, CA 92263-2743
DATE DUE: FRIDAY, JANUARY 18, 2008
TIME DUE: 2:00 PM LOCAL TIME
BIDDER'S NAME:
ADDRESS:
PHONE:
SIGNATURE:
2
CITY OF PALM SPRINGS, CALIFORNIA
NOTICE INVITING BIDS
IFB 08-03
NOTICE IS HEREBY GIVEN that sealed Bids will be received at the Office of Procurement and
Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA, until Friday, January 18, 2008 at 2:00
P.M. local time, at which date and time they will be publicly opened and read in the Procurement and
Contracting Office for the following:
Uniform Rental and Cleaning Services for City employees at various delivery and pick-up
locations in the City of Palm Springs. The work includes furnishing all labor, equipment,
materials, and supervision necessary for the initial measurement and set-up of each uniformed
employee and the rental and cleaning services for their uniforms for the duration of the contract
period.
No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted
in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs,
Procurement and Contracting Division, P. O, Box 2743, Palm Springs, California 92263-2743.
The receiving time in the Procurement and Contracting Office will be the governing time for acceptability
of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see
that any Bid sent through the mail shall have sufficient time to be received by the Procurement and
Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened.
Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-
8374, or via the Internet at the following address: http://www.palmsi)rings-ca.gov click on "Departments"
and go to "Procurement', "Open Bids".
NOTE: If you downloaded this bid via the internet at the address above, contact Leigh
Ann Gileno, Procurement Specialist I, via email at LeighAnn.Gilenonpalmsprings-ca.gov
to be registered as a Bidder for this specific bid. Failure to register as a Bidder for this bid
may result in your firm not receiving bid addenda. Failure to acknowledge addenda with
your bid may cause your bid to be considered non-responsive.
The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or
technical defect in a bid.
Leigh Ann Gileno
Procurement Specialist I
Date: December 18, 2007
3
CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BIDS NO. 08-03
BIDDER'S CHECK LIST
I GENERAL INSTRUCTIONS TO BIDDERS:
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this
Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and
made part of their Bid. Other documents may be required to be submitted after the Bid opening
time and date, but prior to Award. Bidders are hereby advised that failure to submit the
documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE.
II REQUIRED DOCUMENTS FOR BID SUBMITTAL:
BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not
completely filled out and submitted with the Bid.
NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED.
X Index, Page 2, to the Invitation for Bids must be manually signed.
X Bid Proposal/Pricing, Page 18, must be manually signed.
X Erasures or other changes made to the Bid Proposal/Pricing Page must be initialed by the
person signing the Bid.
X Affidavit of Non-Collusion by Contractor form, Page 19, must be notarized and signed by a
Notary Public.
X Information Required of Bidders, including reference information, Pages 20-21, must be
completed.
X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with
the Bid in the amount indicated. Page 22 must be executed and notarized as indicated, if
applicable.
X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page
or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time
and Date.
4
CITY OF PALM SPRINGS
TERMS AND CONDITIONS
1. Bids must be submitted on Bid forms supplied by the Procurement & Contracting Office in a
sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number and date of
opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the opening.
After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no
time after award of Bid.
3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to
perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a
Bidder who is not in a position to perform such an agreement satisfactorily.
4. The City of Palm Springs reserves the right to reject any or all Bids and to waive any informality
or technical defect in a Bid.
5. Bidder's signed proposal and written acceptance by the City shall constitute an agreement.
6. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the sheets which make up this Invitation For Bid.
7. The price quoted by the bidder in his proposal shall include any sales or use tax levied by the
California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant
to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of
Congress.
8. When discrepancies occur between unit prices and extended amounts the unit prices shall
govern.
9. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and
sworn before a Notary Public with a commission in the State of California.
10, Successful Bidder will be required to be licensed in accordance with the Palm Springs Municipal
Code, Chapter 3.40 through 3.96 entitled Business Tax.
11. NO BIDDER WILL BE ALLOWED TO OFFER MORE THAN ONE PRICE ON EACH ITEM even
though bidder may believe that two or more types will meet the specifications. If said bidder
should submit more than one price on any item, all prices for the item may be rejected at the
discretion of the City.
12. Basis of Award: The City reserves the right to award to the lowest responsive and responsible
bidder based on either a line item amount basis or total lump sum amount bid, or to reject all bids,
as it may best serve the interests of the City.
13. Successful Bidder will be required to meet all City insurance requirements. See Contract
Services Agreement (Exhibit "A"), section 5.0.
14. The decision of the Palm Springs City Council will be final.
5
QUESTIONS: Bidders are specifically directed NOT to contact any city employee, commission
member, committee member, council member, or other agency employee or associate for any
purpose related to this IFB other than as directed below. Contact with anyone other than as
directed below may be cause for rejection of a Bid.
Any questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN
WRITING and directed ONLY to:
Leigh Ann Gileno, Procurement Specialist I
Procurement Department
P.O. Box 2743, Palm Springs, CA 92263-2743.
(760) 322-8374
Email: LeighAnn.Gileno@r)almsprings-ca.gov
15. It is understood that the services offered by the Bidder will meet all requirements of the
specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment
titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative.
In order for the Bid to be considered, an explanation must be made for each item in which an
exception is taken, giving in detail the extent of the exception and the reason for which it is taken.
The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be
approved or accepted.
6
CITY OF PALM SPRINGS, CALIFORNIA
INVITATION FOR BIDS NO. 08-03
SCOPE OF WORK, SPECIFICATIONS, AND SPECIAL CONDITIONS
FOR
UNIFORM RENTAL AND CLEANING SERVICES
1. Scope of Work:
Purpose: The purpose of this invitation to Bid (lFB) is to solicit bids from qualified firms to
perform uniform rental and cleaning services for the City of Palm Springs.
Background: The City of Palm Springs has seven different divisions that have employees that
are required to wear uniforms during the performance of their work duties (this does not include
either the Police or Fire Departments). The City provides for each employee to have a clean
uniform to wear each day while at work.
Scope of Work: The Contractor shall furnish uniforms on a rental basis, uniform cleaning
services and pickup/delivery services for all participating City Divisions/locations listed, and any
additional City Divisions/locations that the City from time to time may designate.
The Contractor shall do any and all Work and furnish all management supervision, labor,
materials, equipment, tools and appurtenances necessary for the performance and completion of
the contract in a manner called for herein and to the satisfaction of the City.
2. Uniform Specifications: The Contractor shall understand and agree that each new uniform
shall consist of one (1) shirt and one (1) pair of trousers OR shorts, as described below.
2.1 Shirts: shall be regular style with short or long sleeves (City's option), two pockets with
buttons, and City's choice of solid color(white or various shades of blue).
2.2 Trousers: shall be City employees' choice of "jean," "straight" cut or flex pant with elastic
gathers on two sides. Trousers shall be vat dyed and Sanforized with zipper fly, double
stitched seat seams, bar tacked at points of stress, hemmed, not cuffed, City's choice of
color(s).
2.3 Patches: shall be dacron/cotton blend sanforized and embroidered of matching color.
2.4 Name and division emblems: shall be 11/2' x 31/2" and shall be sewn onto the uniform shirt
above the pocket. A 4" round City seal emblem shall be sewn on the left shoulder.
Employee names and divisions will be furnished to the Contractor within five (5) days of
award of Contract.
2.5 Fabric: shall be the City's option of 65% dacron/35% cotton or 100% cotton. The City
reserves the right to designate which employee shall be outfitted with which fabric on an
individual basis. Divisions may have a portion of their employees in blends and a portion
in 100% cotton.
2.6 Coveralls: shall be City employee's choice of blend or 100% cotton-
7
3. Proper Fit: The Contractor must individually measure each City employee to assure the
uniforms to be supplied will fit properly. Following initial delivery, each employee shall have an
opportunity to secure adjustments to make certain his/her personal requirements are being met.
Contractor shall contact each employee within seven (7) days of initial delivery to check for
proper fit.
4. Starting Inventory: The Contractor shall begin the Contract period by furnishing eleven (11)
uniforms per employee which must consist of eleven (11) long or short sleeve shirts (whichever is
appropriate as described herein) and eleven (11) pair of trousers or shorts.
5. Specifications for Uniform Rental and Cleaning Services:
5.1 Pickup and Delivery: All garments are to be maintained in a clean condition, satisfactory to
the City. The Contractor shall deliver laundered garments and pick-up dirty garments
once a week from each location serviced. The Contractor shall launder and return clean
the same number of garments turned in the previous week. The City and the Contractor
shall mutually agree upon which day(s) of the week the Contractor shall pick up and
deliver the uniforms.
5.2 Pressing: All blend garments may be tunnel finished and all 100% cotton garments must
be pressed. Following pressing, Contractor shall protect the uniforms from wrinkling
during the storage and delivery process. The City may reject any uniforms delivered with
wrinkles.
5.3 Continual Replacement: Contractor shall maintain garments with a constant good
appearance. Garment-for-garment replacements shall be made by Contractor as
garments become worn out or are damaged beyond repair. Each uniform shall be
replaced when it becomes stained, torn and/or when there is a hole in the uniform. Worn
garments shall be replaced at no cost to the City. Garments damaged beyond repair shall
be replaced and the City shall pay the applicable damage charge, as set forth in the Bid
Proposal/Pricing page.
5.4 Repairs: Contractor shall understand and agree that repairs which are made to a uniform
must be neat, of professional quality, and can only be made to a uniform's seam.
5.5 Garment Control. At the time of garment pick-up and for each City location, Contractor
shall prepare a complete list of garments picked up (detailed by individual).
Prior to departure from each City location, Contractor shall acquire on the garment list
prepared, the countersignature of the location's Contract Manager (or his designee)
identified in Paragraph 10 of these specifications. The countersignature shall represent
the City's agreement as to the accuracy of the list.
In order to facilitate comparison of the number of garments delivered to the prior week's
list of garments picked up, Contractor shall deliver garments on hangers separated by
individual employees.
5.6 Repair Tags: Contractor shall supply each City location in the uniform program with
service tags which may be affixed to any garment(s) requiring repair. Said tag must
provide an opportunity for an employee to identify the nature of the required repair so that
the item can be pulled for repair during the next processing cycle. Uniforms turned in
tagged for repair shall be returned by Contractor repaired within the next delivery cycle or
replaced with a substitute garment if the repair cannot be made to comply with the next
delivery cycle-
8
5.7 Condition of Materials on Delivery: All uniforms shall be protected from precipitation and
against other damage while transit. The uniforms shall be in a dry, clean and serviceable
condition upon delivery. If, upon unloading, uniforms are found damaged or otherwise
unsuitable, they may be rejected by the City, at no cost to the City.
If rejected, the respective Contract Manager(s) will notify the Contractor and will forward
an affidavit descriptive of all such damages to the Contractor. The uniforms will be
reloaded onto the same carrier's truck for return to the Contractor or for other disposition
as the Contractor sees fit.
5.8 New Employees: New employees shall be supplied with uniforms within seven (7)
calendar days of written notification to the Contractor by the City and measurement of
employee by the Contractor's representative. Such notification, including the name(s) of
new employee(s), shall be given to the Contractor's Customer Service Representative
(route man) at the time agreed upon for delivery/pickup at that location. The Contractor
may supply used uniforms to new employees provided such uniforms are in good repair,
are of proper fit, and conform to all other City specifications.
5.9 Terminated Employees: The City shall provide Contractor with written notification of
terminated employees. Such notification, including the name(s) of such terminated
employee(s), shall be given to the Contractor's Customer Service Representative (route
man) at the time agreed upon for delivery/pickup at that location. Rental charges shall
cease upon delivery of such notification. Concurrent with, or within seven (7) calendar
days of, such notification of termination the City shall return the rental garments of the
terminated employee. City will pay any lost or damaged charges on the returned
garments in accordance with the provisions of the contract.
6. Quantities: The City is obligated during the term of the Contract to rent needed uniforms from
the Contractor, and the Contractor is obligated to supply the quantities which the City requires.
The City reserves the right to increase or decrease the number of employees served, at the unit
rental rates per the Bid Proposal/Pricing page. The quantities stated herein in "Special
Conditions: Supplement A", are given as a general guide for bidding and are NOT guaranteed
amounts, but they do represent the best estimate of the City based on most recent usage.
7. Delivery: The delivery of all uniforms associated with the Contract shall be F.O.B. Destination to
any City facility location.
8. Delivery and nick-un. City facility locations: The uniforms, as allocated, shall be delivered
and picked up at the following City facility locations on a weekly basis:
DEPARTMENT/DIVISION ADDRESS
Aviation/Custodian 3400 Tahquitz Canyon Way
Maintenance Palm Springs, CA 92262
Airport Grounds Maintenance
Recreation/Parks/Streets 425 N. Civic Drive
Facilities Maintenance Palm Springs, CA 92262
Fleet Operations
9
9. Contract Manager(s): The Contract will be performed under the direction and supervision of the
following Contract Managers for their respective City facility location:
CONTRACT MANAGER DEPARTMENT PHONE NUMBER
Administrator Airport Operations.........................................to be determined
Administrator Facilities/Streets/Fleet/Parks.........................to be determined
Any reference to the Contract Manager in the contract shall mean the respective and appropriate
Contract Manager or his designated representative.
10. City Inspectors: City Inspectors (Contract Inspectors) are the Contract Managers and shall
inspect all work done and all materials furnished. Such inspections may extend to all or any part
of the work and to the preparation, furnishing or cleaning of the uniforms to be used. The
Inspector is not authorized to revoke, alter or waive any requirements of the contract, nor is
he/she authorized to approve or accept any portion of the complete project. He/she is authorized
to call the attention of the Contractor to any failure of the work or Uniforms to conform to the
contract. He/she will have the authority to reject uniforms or to suspend the work until the
questions at issue can be referred to and decided by the Contract Officer.
11. Lost Charge: The City understands and agrees that all rental garments remain the property of
the Contractor; therefore, if a uniform is lost or stolen, a charge will be recovered by the
Contractor. Lost and stolen charges are to be charged at the unit prices identified on the pricing
pages of these Bid documents. The Contractor shall identify the employee responsible for any
loss and identify the date said loss occurred. Notification to the City of any losses must be made
by the Contractor in a timely manner to provide an opportunity for the City to identify problem
areas and to take corrective action.
12. Damage Charges: The Contractor shall accept all normal wear and tear free of charge. In the
event that a garment is damaged in a situation other than normal wear and tear, the City
understands and accepts the fact that a damage charge will be assessed. Damage charges are
to be identified on the pricing pages of these Bid documents.
13.Additional Charges: Charges identified on the pricing pages of these Bid documents shall be
inclusive of any and all charges for rental, cleaning, delivery, pickup and any other service
necessary for performance of the contract. No additional charges for uniform rental, cleaning,
pickup and delivery will be honored by the City.
14. Correction of the Work: The Contractor shall promptly remove from the City facility locations all
Work rejected by the respective Contract Manager for failure to comply with the contract, whether
incorporated in the delivery or pickup count or not, and the Contractor shall promptly replace and
re-execute the work in accordance with the contract and without additional expense to the City.
If the Contractor does not take action to remove such rejected Work within ten (10) days after
receipt of written notice, the respective Contract Manager may remove such Work, store the
materials, and replace the rejected Work with another Contractor's Work and deduct charges
therefore from monies due or to become due to the Contractor.
15.Warranty: The Contractor shall expressly represent, warrant and agree that all uniforms for rental
and/or cleaning services or Work provided or performed on or off City premises relative to this
Contract will.-
A. Conform in all respects to the City's specifications, requirements or other descriptions;
B. Be fit for the purpose or purposes of intended use;
C. Conform to all applicable local, State, and Federal laws and regulations;
10
D. Be of good quality, merchantable, of good workmanship, of materials best suited for the
intended purposes, and free from defects of any kind or nature whatsoever.
Additionally, any usage statement, guarantee, or warranty stated in the Contractor's Bid relating
to uniform rental and cleaning services, or Work will be superseded by the terms and conditions
stated in the contract or in their absence by the following:
E. If said uniform rental and cleaning services or Work which is found to be defective in
material, workmanship or design fails or is found to be nonconforming with the terms and
conditions of the Agreement on any exchange date after the date of commencement of
the Agreement, it shall, at the City's option, be repaired or replaced by the Contractor at
absolutely no expense to the City.
F. All items delivered or supplied hereunder will be free and clear of all liens, encumbrances,
claims and security interests of whatever nature and substance. Upon request, the
Contractor will supply the city with documents satisfactory to it, evidencing the absence of
such liens, encumbrances, claims and security interests.
16. Public Access: The Contractor shall at all times conduct the Work in such a manner so as to
ensure the least obstruction to traffic practicable. The convenience of the general public and the
City employees shall be provided for in an adequate and satisfactory manner. Fire hydrants
shall be kept accessible to fire apparatus at all times.
17. Parking: the Contractor's representatives may only park or leave their vehicle(s) in areas
designated by the respective Contract Managers.
18. Uniform Disposition Upon Contract Expiration/Termination: Upon expiration of the
Agreement term, or termination of the Agreement, the City will not "buy-out" uniforms that are in
service. All uniforms that are in service will be returned to the Contractor in an "as-is" condition,
with no additional cost to the City for normal wear and tear. Upon return of garments the City will
pay any lost or damaged charges that apply.
19. Samples: Contractor shall submit samples of uniforms, representative of the uniforms to be
supplied under the Contract. These samples must be submitted within 14 calendar days after
Notice of Award. All samples must be tagged with the Contract Number and the Contractor's
name. The Contractor shall submit for City approval male and female samples, where applicable,
of the following items: One Shirt; One Pair of Trousers; One Pair of Shorts; One Coverall; One
City Seal Emblem; One Name Emblem; and One Division Emblem.
The City may retain or destroy articles of the uniforms or the uniforms submitted as samples for
the purpose of determining Contract compliance with specifications throughout the duration of the
Contract by testing. The City will be free from any redress of claim on the part of the Contractor
as a result of such actions. Upon notification by the City that a sample is available for return, it
should be retrieved within 30 days or the City will not be responsible for the disposition of said
sample.
20. Inspection: The City reserves the right to tour the Contractor's plant and inspect Work in
progress, receiving, holding, and shipping areas to insure to the City's satisfaction that Work is
being performed in accordance with the City's Specifications. Such inspection(s) may take place
prior to award of the Contract or at any time during the term of the Contract.
11
SPECIAL CONDITIONS:
1. Proiect Coordinator: The Contractor will be required to assign a Project Coordinator to the
Contract. This individual represents and has full authority to act for the Contractor and shall be
the City's key contact throughout the duration of the Contract. A space is provided on the
Information Required of Bidder page for the Project Coordinator to be named with a telephone
number for contact with the respective Contract Manager(s).
2. Bidder Qualifications: In order to be considered for award, each Bidder must submit with their
Bid the "Information Required of Bidder", pages 19-20, completed in full.
3. Bid Security: Each bid must be accompanied by cash, a certified or cashier's check or Bidder's
bond on the prescribed form herein and made payable to the City of Palm Springs in the amount
of two thousand five hundred dollars ($2500.00). Such guaranty shall be forfeited should the
Bidder to whom the Contract is awarded fail to furnish the required proof of insurance, bonds and
to enter into a contract with the City within the period of time specified in the IFB documents.
Securities may be substituted for retained funds, if applicable, per Public Contract Code Section
22300.
4. Business License: The successful bidder will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax
5. Term Of Contract: The term of this Contract will be for (3) three years from date of award, with
two (2) one (1) year renewal options upon mutual consent of the Contract Administrator and the
Contractor.
A. Option to Renew: At the sole discretion of the City, the Contract may be renewed for two
additional years or any portion thereof. If the City exercises its option to extend, the unit
prices shall be adjusted (decreased or increased) at the beginning of any such renewal
period to correspond with the most recent annual change to the Consumer Price Index for
All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los
Angeles, Anaheim and Riverside Areas.
B. Contract Services Agreement: The successful bidder will be required to sign a Contract
Services Agreement in a form acceptable to the City. A sample of such an Agreement is
attached as an Exhibit "A" herein.
C. Schedule of Work-The Contractor shall furnish to the City Representative a detailed work
schedule showing how the Contractor will accomplish the Contract requirements. This
work schedule shall indicate the number of personnel, tasks to be performed by each
person and the amount of time necessary to accomplish the work. The schedule shall be
kept throughout the duration of the Contract, and shall be modified and re-submitted to the
City Representative as required. Any work to be performed not conforming to this
schedule shall be approved by the City Representative prior to such occurrence.
D. Adjustment of Services - The City reserves the right to reduce or increase, or otherwise
adjust the scope of services.
7. Pricing Pricing quoted in this Bid shall be firm for the original three-year term of the resulting
Contract. The unit prices shall be all-inclusive of rental, cleaning, delivery and pickup, and shall
constitute the sole basis for computing the payment amount to the Contractor.
8. Payment: For all services which the Contractor is obligated to perform under the Contract, the
12
City shall pay to the Contractor a monthly price per facility/cost center per appropriate unit prices
as set forth in the Contract.
Payment shall be made by cost center upon submittal of a detailed Monthly Statement to the
respective Contract Manager(s) of the City of Palm Springs. The Contractor shall submit a
detailed Monthly Statement for each cost center. The cost centers are listed in Specifications, 1,
C. Said Statements shall be submitted within the two weeks following the end of a billing period
defined as a calendar month.
Prior to the City payment of the Monthly Statements, the respective Contract Manager(s) shall
review and approve payment based on the satisfactory completion of service. Payment shall be
issued within thirty days of receipt of an accurate monthly statement(Net 30).
9. Award Of Bid: The Bid will be awarded to the lowest responsive and responsible Bidder based
on the unit prices submitted on the Bid Pricing Page of this document.
Responsibility of a bidder will be determined by the City based on each bidders experience and
references_ The City will be the sole judge with respect to the responsiveness and responsibility
of each bidder.
10, Performance Bond: The requirement for a Performance Bond is hereby waived for this
Contract.
11. Time Is Of The Essence: Time is of the essence in performance of the work.
13
SPECIAL CONDITIONS:
SUPPLEMENT "A"
ESTIMATED CITY RENTAL USAGE BY
NUMBER OF EMPLOYEES PER DEPARTMENT/DIVISION
AND
CONTENT/TYPE OF UNIFORM REQUIRED
(SUBJECT TO CHANGE AT CITY'S DISCRETION)
SHIRTS & POLO SHIRTS
Department/
Employees
Aviation/ Custodian 10 0 10
Aviation/ Maintenance 7 0 7
-Airport/ Grounds Maintenance 8 0 8
Parks/ Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 7 1
Street Maintenance 10 1 9
Shirt Totals: 68 8 60
EXECUTIVE PANTS TROUSERS AND/OR SHORTS
- . -
Employees
Aviation/ Custodian 10 0 10
Aviation/ Maintenance 7 0 7
Airport/ Grounds Maintenance 8 0 8
Parks/ Recreation 14 0 14
Facilities Maintenance 11 0 11
Fleet Operations 8 0 8
Street Maintenance 10 1 9
Trouser and/or Shorts Totals: 68 1 67
COVERALLS, SEAT COVERS, MATS, MOPS &Department/ Division No. of Uniformed Blend Seat Covers Mats/ Mops &
Employees
Aviation/ Maintenance 7 7 0 4 Mops/Handles
Parks/ Recreation 0 0 0 0
Facilities Maintenance 6 6 0 0
Fleet Operations 1 1 2 2 Mat
Totals: 14 14 2
• 65% Dacron Polyester/35% Cotton Blend
• Rental on a bulk basis only/ usage may be annual, seasonal or as outerwear with turn-in on
an irregular and /or infrequent basis
14
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
Responding to the Invitation for Bid 08-03 for UNIFORM RENTAL AND CLEANING SERVICES,
dated January 18, 2008, the Bidder proposes and agrees to provide the required services in good
faith and as per customary market/trade quality in accordance with the General Conditions and
Instructions for Bidders, Specifications and Special Conditions. The Bidder shall provide the
herein specified Uniform Rental and Cleaning Services to the various City of Palm Springs'
delivery and pick-up locations and will accept as full payment therefore the following unit prices:
Tax=T , 1 Uniform Personnel Estimated Weekly# Unit Weekly
Item# No Tax=NT ! Uniform Rental &'Cleaning quantity ,' °f Price Extension
T or N ?T Des i Service Changes
cription of
1 Blend Shirts 4 X 5 X $ $
................. . .''.........23
3 Palo Shirts 25 X 5 X $ $
4.__ Industrial Shirts „ 1 X 5 X $ $
5 Hi-Visibility Shirt: 12 X 5 X $ $
Short Sleeve
6 Hi-Visibility Shirt: 3 X 5 X ' $
_long Sleeve_.. -
7 Blended Trousers, Shorts or 25 X 5 X $ $
Reg. Gray Pants
y y 8 Ji CottonJTrousers or Shorts 22 X l5 X_..,_$.- - -----......._...--
9 Blend Coveralls 14 X 5 X $ $
10 Executive Pants 25 X 5 X $
Total/ $
Week
Total/ Annual
Week x 5 $
2
Annual x 3 = 3 Year $
Term
Tax=T
No Tax= NT' Miscellaneous Estimated Unit
Item# Tor NT7 Equipment Quantity ,,; Price, Extension
,_
11 Soil Bins 2 X $ - $
- -
2 !8 Man Locker' I 4
13 Hanger Rack 5 X $ _ $
�1
-- 4 ._ _3 X 5 Mats 2 X- -- � '- .._. .._ _. .. ' ._._its._ �..�.. ...._.�_ $.. .. . . .
15 38" Dust Mops 4 X $ = $
16 DustMop Handle 4
17 Seat Covers 2 X $ - $
15
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
Tax=T
No Tax='NT NnitiaN,Set-Up Charges Estimated ^ Unit
Item# Tor NT?, Description of Service- Quantity_• w,,; • • Price_• „Extension
18 Set-up charge for Initial
Installation & measurement per 82 X $ _ $
employee
-for INITIAL Set-up Only(70 employees x I I v ry770 X ,r$W.• ..,"-„ . —,�$^ ---••-•'
---19 � T' � Name Patches,--•^-
.
20 Department Patches
'for INITIAL set-up only(42 employees x 462 X $ _ $
11 patches
21 City Emblems
`for INITIAL set-up only(57 employees,x,, '627 X $ ,i = $
11 emblems
Tax-T
No Tax-- NT After Initial Set-Up Charges Unit
Item# T or NT? Description of Service ^ Price
22 Set-up charge for New $
Installation &measurement per new employee
23 Name Patches $
'AFTER•initial set-up _
24 Department Patches $
*AFTER initial set-up only
.- --- hems
- -. ... . . .- .. .. .,
25 ,' City Emblems
i "AFTER initial set-u 'only
Tax=T I I I I I 1 1,
No Tax=NT ;, Change Out Fees Unit
Item k -T•or NT? Description"of Service, " Price ..
26 Change out Fee per ite
m
em
For exchanges in size or style(i.e.:Trousers to shorts,long sleeve to short sleeve) $
'No Fee is to be char ed for exchanges due to worn-out c7arments.
16
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
Tax=T ' "
No Tax= NT Casualty Charges Unit
Item.#, , - T:or NT7 „ , ;,-, „ „ Description bf,Service, Price
27 Blend Shirts $
'LostlStolenl or Damaged
28 GosGSno en rt5_.i or Damaged, _ _
29 Blend Trousers or Shorts $
'LostlStolenl or Damaged
30.. - - ----.... .. ..- .. - - - - ---- - -
Cotton Trousers or Shorts $
31 Blend Coveralls
'Lost(Stolenl or Damaged
..$ . .
YostlStolenl or Damaged
Prices above for Lost/Stolen or Damaged garments shall be the same, regardless of time in service.
Note; It is requested of all Bidders to complete the second column, indicating a "T" for Taxable or
"NT" for Non-Taxable. Once substantiated, this will eliminate potential invoicing discrepancies for
the duration of the contract-
Specialized or custom patches will be priced at the time of request.
17
The Bidder proffers this Bid with the understanding and agreement to begin full service by
Tuesday February 19 at 8:00AM local time. It is further understood and agreed that any Bid
submitted in response to this Invitation for Bids may not be withdrawn until Ninety (90) calendar
days from the Bid Opening date and time.
Invitation for Bid (IFB) 08-03
UNIFORM RENTAL AND CLEANING SERVICES
BID PRICING PAGES
Name of Bidder(Company/Firm):
Authorized Representative of Bidder(print Name and Title):
Authorized Signature: Date:
California State Business License Numbers(s) & Registrations(s):
Explain in detail how damage charges are assessed and calculated. Include amortization notes
over a contract duration of three (3)firm, fixed pricing years and by life of garment:
State response time for repairs to uniforms after notification by City tagging and pickup by
Contractor:
State Bidder availability for on-site problem resolution and /or City requested conferences in terms
of distance to be traveled or time to respond:
Please describe proposed methodology to resolve individual usage, inventory, wear or
appearance problems:
18
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND
SUBMITTED WITH PROPOSAL
State of California )
ss.
County of )
I, being first duly sworn, deposes and says that he or she
is of the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder
has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding, that 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, or to secure any advantage against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
BIDDER:
BY:
TITLE
ORGANIZATION
ADDRESS
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20
NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES:
19
CITY OF PALM SPRINGS
UNIFORM RENTAL AND CLEANING SERVICES (IFB 08-03)
Information Required of Bidder
NO PROPOSAL WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL.
ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following:
1. Contractor/Firm Name and Address
2. Name and Title of person authorized to negotiate a contract for the firm:
3. Telephone Number: (FAX)
4. E-mail address:
5. Type of Firm: ❑ Individual ❑ Partnership ❑ Corporation ❑ Other
6. Corporation organized under the laws of the State of
7. Business License No. Expiration Date:
8. List at least five (5) current contracts/references which are similar to the requirements in
this IFB.
Contract$ Contract Account Name & Address Contact Person
Amount Term & Phone Number
a.
b.
C.
d.
e.
20
9. List the name, title, and telephone of the person ("Project Coordinator") who will
supervise full-time the work of this Contract for your firm:
10. Number of years in this type of business:
11. Response Time, if applicable:
(USE THE SPACE BELOW AND ADDITIONAL PAGES IF NECESSARY)
21
KNOW ALL MEN BY THESE PRESENTS,BID BOND
That as
Principal, and
as Surety, are
held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of
(state in words and figures):
$2,500.00 Two Thousand Five Hundred Dollars
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule(s) of the City's Contract Documents entitled.
IFB 08-03 Uniform Rental and Cleaning Services
NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and
in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a
written Agreement on the form of agreement bound with said Contract Documents and furnishes
the required Certificates of Insurance, then this obligation shall be null and void, otherwise it shall
remain in full force and effect. In the event suit is brought upon this bond by said City and City
prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable
attorney's fee to be fixed by the court.
SIGNED AND SEALED this day of 20
CONTRACTOR: SURETY:
(Check One:_individual,_partnership,_corporation)
By: By:
Signature
(NOTARIZED)
Print Name and Title: Title:
(SEAL AND NOTARIAL
ACKNOWLEDGMENT OF SURETY)
By:
Signature
(NOTARIZED)
Print Name and Title:
(Corporations require two signatures;one from each of the following
groups:A.Chalrman of Board,President,or any Vice President,
and B.Secretary,Asst.Secretary,Treasurer,Asst.Treasurer,or
Chief Financial Officer.)
22
EXHIBIT "A"
CITY OF PALM SPRINGS
CONTRACT SERVICE AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of . 20 by and between the CITY OF PALM SPRINGS,
a municipal corporation, (herein "City") and , (herein
"Contractor"). The term Contractor includes professionals performing in a consulting capacity.
The parties hereto agree as follows.
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes
of this Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work under similar
circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth
herein. In the event of any inconsistency between the terms of such proposal and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the scope of services to be performed
(b) has carefully considered how the services should be performed and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Contractor shall
23
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until acceptance
of the work by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties
agree to act in good faith to execute all instruments, prepare all documents and take all actions as
may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (1) the Contract Sum, and/or (ii)
the time to perform this Agreement, which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may
be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit "B"
shall govern-
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of ($ ) (herein "Contract Sum"), except as
provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon
completion, (ii) payment in accordance with the percentage of completion of the services, (iii)
payment for time and materials based upon the Contractor's rates as specified in the Schedule of
Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be
specified in the Schedule of Compensation. Compensation may include reimbursement for actual
and necessary expenditures for reproduction costs, telephone expense, transportation expense
approved by the Contract Officer in advance, and no other expenses and only if specified in the
Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all
project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any
additional compensation for attending said meetings-
24
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first (151) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, unusually 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 Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Contractor be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
25
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of
the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of the City. In addition, neither this Agreement nor any
interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily
or by operation of law, whether for the benefit of creditors or otherwise, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or group
of persons acting in concert of more than twenty five percent (25%) of the present ownership
and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event
of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be
void. No approved transfer shall release the Contractor or any surety of Contractor of any liability
hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint
venturer or a member of any joint enterprise with Contractor.
26
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, or employees. In the event the City Manager
determines that the Work or Services to be performed under this Agreement creates an increased
or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the
insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified herein. Except as otherwise authorized below for
professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required
hereunder shall be as follows:
a) Commercial General Liability Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of at least one million dollars ($1,000,000.00) and two million dollars
($2,000,000.00) general aggregate for bodily injury and property damage including
coverage's for contractual liability, personal injury, independent contractors, broad
form property damage, products and completed operations.
b) Workers' Compensation Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation
insurance in at least the minimum statutory amounts, and in compliance with all
other statutory requirements, as required by the State of California. Contractor
agrees to waive and obtain endorsements from its workers' compensation insurer
waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies. If Contractor has no
employees, Contractor shall complete the City's Request for Waiver of Workers'
Compensation Insurance Requirement form.
c) Business Automobile Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the
amount of one million dollars ($1,000,000.00) bodily injury and property damage.
The policy shall include coverage for owned, non-owned, leased, and hired cars.
d) Employer Liability Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million
dollars ($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager prior to commencing
any work or services under this agreement. Contractor guarantees payment of all deductibles
and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions
in excess of $10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Contractor's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of $10,000.
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5.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Contractor pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City
and its officers, council members, officials, employees, agents, and volunteers
shall be in excess of Contractor's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to each insured, including
additional insured's, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations shall limit the application of such insurance
coverage.
5.3.4 None of the insurance coverage's required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs
the coverage's set forth herein (e.g., elimination of contractual liability or reduction
of discovery period), unless the endorsement has first been submitted to the City
Manager ar�d aRRro_v_ed��w[itinq=
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the endorsements. Certificates
of insurance will not be accepted in lieu of required endorsements, and submittal of
certificates without required endorsements may delay commencement of the
Project. It is Contractor's obligation to ensure timely compliance with all insurance
submittal requirements as provided herein.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor
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. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Project will be submitted to the City for review.
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with any insurance requirement
in no way imposes any additional obligations on the City nor does it waive any
rights hereunder in this or any other regard.
5.3.8 Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this
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Agreement applicable to the renewing or new coverage shall be provided to City no
later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. 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 limiting
or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this section.
5.3.11 Contractor agrees to provide Immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any
other claim or loss which may reduce the insurance available to pay claims arising
out of this Agreement. City assumes no obligation or liability by such notice, but
has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City, or to reduce or dilute insurance available for
payment of potential claims.
5.3.12 Contractor agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for
the payment of damages resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or
better, unless such requirements are waived in writing by the City Manager or his designee due to
unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements, affecting
all of the coverage's required by this Agreement. The certificates and endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All proof of
insurance is to be received and approved by the City before work commences. City reserves the
right to require Contractor's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and Omissions
and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured..."("as respects City of Palm Springs Contract No. or "for any and all work
performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any
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and all work performed with the City' maybe included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must be
authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
5.6 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in
the form provided by the City, which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original, notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term or the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
5.7 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best `s Key Rating Guide or in the Federal
Register, unless such requirements are waived by the City Manager or designee of the City
Manager due to unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement create an increased or decreased risk of loss to
the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the City Manager or designee; provided that the Contractor shall have the right to
appeal a determination of increased coverage by the City Manager to the City Council of City
within ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement. For
this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the work or
services contemplated herein or, if Contractor is providing design services, the cost of the project
being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and, if
Contractor is providing design services, the estimated increased or decreased cost estimate for
the project being designed.
30
62 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records_ Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event
any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City
upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City any documents or materials prepared by them, and in the event Contractor
falls to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county. Contractor covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party, in writing, of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's or the Contractor's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (1) any amounts the
31
payment of which may be in dispute hereunder or which are necessary to compensate City for
any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may
be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to
perform Contractor's obligation under this Agreement. In the event that any claim is made by a
third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall
exist which shall appear to be the basis for a claim of lien, City may withhold from any payment
due, without liability for interest because of such withholding, an amount sufficient to cover such
claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect
the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided
herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liguidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and
shall pay to the City the sum of ($ 100.00 ) as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit "D"). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
7,S Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days written notice to Contractor, except that where termination is
due to the fault of the Contractor, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to City, except
that where termination is due to the fault of the City, the period of notice may be such shorter time
as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated termination, the Contractor shall be entitled to
32
compensation only for the reasonable value of the work product actually produced hereunder. In
the event of termination without cause pursuant to this Section, the terminating party need not
provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees
shall be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
82 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin, or ancestry.
9,0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
33
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
92 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
M Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound.
(Signatures on next page)
34
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership ,Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board. President,or any Vice President.The second
signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
8y: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst tre5surer or Chief Finandol Officer
Name: Name.
Title: Title:
State of f State of f
County of Iss County of �Ss
On before me, On before me,
personally appeared
personally appeared personally known
personally known to me (or proved to me on the basis of satisfactory evidence)
to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
executed the same in his/hor/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
person(s), or the entity upon behalf of which the person(s) acted,executed the instrument.
acted,executed the instrument. WITNESS my hand and official seal.
WITNESS my hand and official seal
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
35
VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID
BID ABSTRACTDUE
a
ID DATE:
1
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