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HomeMy WebLinkAbout2/6/2008 - STAFF REPORTS - 2.I. 'PALM s'. ig v m H � * �M2feo 4 City Council Staff Report _ DATE: FEBRUARY 6, 2008 CONSENT CALENDAR SUBJECT: APPROVE UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPARTMENTS FROM: David H. Ready, City Manager BY: Assistant City Manager -Administrative Services SUMMARY This action would award the uniform rental and cleaning services for the City's maintenance personnel for the Aviation, Facilities, Fleet, Parks, Recreation, and Streets departments. RECOMMENDATION: That City Council Award the bid for uniform rental and cleaning services to Cintas Corporation of Ontario, CA on the basis of unit price for an estimated annual expenditure of $23,666.67 and a total amount not-to-exceed $71,000.00 for the initial three-year term. STAFF ANALYSIS: The Procurement and Contracting Division conducted a formal Invitation for Bid (IFB 08- 03) that was posted to the City's website, and notices were faxed and e-mailed to eleven uniform companies. Three vendors responded to our invitation to bid. The results of the bid are tabulated below: Company: Base Bid Amount Total with 10% estimated charges for set-up/damages Cintas Corporation $64,545.00 $71,000.00 Prudential Overall Su I $65,488,80 $72,037.80 Aramark Uniform Services $97,663.80 $107 429.80 Item No. 2 . I . In order to evaluate prices offered, City Staff utilized the following criteria: • Number of personnel to be clothed • Types of uniforms to be rented • Frequency of uniform changes • Number of miscellaneous equipment to be rented • Charges for expected loss/damage, preparation and set-up charges and charges for miscellaneous items such as name patches and emblems (estimated) Total compensation amount is calculated on a three (3) year period which includes a 10% estimated charge for setup/damage and other charges for changes in personnel and or replacement of items. At the mutual consent of the contract administrator and contractor, 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. Cintas Corporation located in Ontario, California, was the lowest, responsive, responsible bidder. Staff is recommending that the City Council approve the Uniform Rental and Cleaning Services Agreement for the City's maintenance personnel. 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 Tro . Butzlaff,tf tant City Manager David H. Ready, Cit ger Attachment: Contract Services Agreement 000032 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2007, 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 Com liance 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 000003 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. 17 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 (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 00000 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. 22 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 Maieure. 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 000005 4.0 COORDINATION OF WORK 4A 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. 42 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 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 00dQ®1S 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 properly 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 5 000007 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 ail 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 6 000008 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. 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 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 090002 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. 6A 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. 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 parry'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 tosses, 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 QQQQ�Q 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 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 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 DDOD'�n 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 attorneys 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 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, 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. 10 O�t�0.12 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 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 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: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: Address: Address: 12 QQQQ� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT zzc.-r�c�:��. ��� . s��zs�,•r�.,..rsr�c�.�•c�Mc�c�r-���Y State of California County of .____•__-___ - On before me, 0.rd r�nse+l men 'Ic Lac Ofizr personally appeared _ — kamu(nl of Sgnvrlol who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histhedtheir authorized capacity(ies), and that by his1her/their signa>uie(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrumenL I certify under PENALTY OF.-PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 3ignalure Plaeo NOGuy sawmaro Sgm:urn a Na:ary Rhlic OP77ONAL Though the fnFormalfon tlefvN Is not rogdred bylaw,It rray prove vaWl10 fo parsons r04gng on the document and could prevent fraudulent removal and reaftaorrient or this form to anothsr document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's tame: 0 Individual ❑ Indmdual Ll Corporate Officer—Tltle(s): Cl Corporate Officer—Tig�[s};, -• •_ * Partner—D Limited ❑General ❑ Partner—❑ Limited ❑General * Attorney in Fact 0 Attorney in Fact ❑ Trustee Top of aorta here EJ Trustee Top of UNML+hat. ❑ Guardian or Conservator G Guardian or Conservator ❑ Other: LJ Other: Signer Is Representing:_ 3 Signer Is Representing- ©7LCT tktlawl pk2ry�&vyn•435dDo5on,4.x,PA em TAC2-01,e. .. CA9na13.a[o2•ww.rNs[apyll:aryo,g Ile,n 99907 Axlder.C97-o1PFcc'{•EAGfl7G•EA27 13 UOU 5 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/i' 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 aaa� 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-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. 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 090017 (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(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. 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.O.B. Destination to any City facility location. 7. Delivery and pick-up, 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 00007-8 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. 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. 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 a0002, s 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 Ex iration/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'st any time during the term of the Contract. 18 000029, 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 000021 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 D- 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 t 60 EXECUTIVE PANTS, TROUSERS AND/OR SHORTS Department/ Emp es 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 EmployeesDepartment/ Division No. of Uniformed Blend Seat Covers Mats/ Mops & - Aviation/ Maintenance 7 7 0 4 Mo s/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 20 ®noa2? 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: Tax=T or Uniform Personnel' Estimated, Weekly# Unit Weekly Item# '' No Tax= NT U iform,R n o&Cleaniervice 9 Quantity '' Changes of Price 'Extension Descrip- - , 1 NT Blend Shirts 4 X 5 X $0.41 $8.20 2 NT Cotton Shirts „23 X 15 i $0.42 $48.30 3 NT Polo Shirts 25 X 5 X $0.60 $75.00 4 .41 �2.05Industrial Shirts 5 NT Hi-Visibility Shirt: 12 X 5 X $0.60 $36,00 Short Sleeve 6 ^fNT—Y Low S llteve.. - --, -- --- i y Shirt: 3 X 1; 5 X $D.60 $9.00 7 NT Blended Trousers, Shorts or 25 X 5 X $0.41 $51,25 Reg. Gray Pants 5 50 8 I N7 �' Cotton Troo users or Shlorts 22 X 5 X $0. $49.4 9 NT Blend Coveralls 14 X 5 X $0.60 $42.00 10 NT Executive Pants ---.'_- "'25' X " 5 X $i7.65 581.25 Total/ $402.55 Week Week x 52 j L 'Y yTotal Annual $/-- ,.. ....._,._ 20,932.60 Annual x 3 - 3 Year Term g62,797.80 21 000023 Weekly Rental Rates per Miscellaneous Equipment are as follows: Tax=T or Miscellaneous Estimated Unit Item # No Tax= NT Equipment,, Quantity- _ • , Price. - Extension • , 11 NT Soil Bins 2 X $0.00 = $0.00 12_ NT . 8,M,anl,Locker,,, 4 X $l).00„ 13 NT Hanger Rack 5 X $0.00 = $0.00 14 NT 3 X 5'Mats . --- 06- 15 NT 38" Dust Mops 4 X $1.30 = $6,20 16 NT ....Dust Mop Handler 4 X $90 00 - 17 NT Seat Covers 2 X $0.50 = $1.00 _ . - „Weekly_Total = ' „ _ $11.20„ Annual Totals $582.40 Annual x 3N - $1,74720 Set Up. Preparation and Lost or Damaged Charges -- Tax=T, .,, , Set-Up g Estimated Unit Item# -_- ,-N , onofServe 'Quantity Price ExtensionDescrpyJ 18 NT Set-up charge for Initial Installation &measurement per 82 X $0.00 = $0.00 employee 19 far lNlTlALset-u only 70 employee x 770 X . _..W. $Q. T ,NamePatches "" P Y( . . , 0 _. .._.... .. .,, 11,Patches .�...._ ..._. .ploy. s $0.00 0,._.._ 20 T Department Patches "For INITIAL set-up only(42 employees x 462 X $0.00 — $0.00 11 patches T Ctt fory Emblems NITIAL'set-up only(57 employees x, $0-00 627 ,X = $0.00 21 'I 11 emblems) Tax=T I After Initial Set-Up Charges Unit Item # ! No Tax= NT- " _Description of Service price 22 NT Set-up charge for New $075 Installation & measurement per new employee "NamePIfahesrvr T' "AFTER initial set-uP .. .. _-_ $0.60 _... 24 T Department Patches $1.00 'AFTER initial set-up only 25 T CityEmdlems ^ $1.00 'AFTER inlCiat set-u only Tax=T or Change Out Fees' Unit N ,• - Description of Service Price - Item,# , , No,Tax-: T . .. .... .......... . . 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 be charged for exchan es due to worn-out garments. 22 000024 Schedule of Compensation Continued: Tax-T or Casualty Charges Unit Tax pService_-. .. Price Item# ' , Noo Tax- NT pescri tion of 27 NT Blend Shirts $14.00 'LosvSlolenl or Damaged n.Shirts , $16.00 29 NT Blend Trousers or Shorts $19-00 'LostlStolenl or Damaged —.�„ . _.N.7....n. .. CLosdsPoeNo$Damaged hort' $21 0 30 ---- - -- s 0 31 NT Blend Coveralls $26.00 'LosvStolenl or Damaged 32 NT Cotton Coveralls, 'LostlStofenlorDama ed $26.00 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 conslitute 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 0000 25 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. Adjustment 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 0 0 0 0 2 G