HomeMy WebLinkAboutC-5142 - Service Agreement for Uniform Rental ServicesSERVICE AGREEMENT
WITH UNIFIRST CORPORATION FOR
UNIFORM RENTAL SERVICES
v�) THIS SERVICE AGREEMENT ( "Agreement ") is made and entered into as of this
day of fop -hl, 2012 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation ( "City "), and UNIFIRST CORPORATION, a
Massachusetts Corporation ( "Contractor'), whose address is 16434 Pioneer Blvd,
Norwalk, CA 90650 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide uniform rental services ( "Project ").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Contractor for purposes of Project shall be Jeff Notch,
Branch Manager.
E. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the ( "Effective Date "), and shall
terminate on September 30, 2015 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Contractor shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible
for delays due to causes beyond Contractor's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than five
(5) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Contractor's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subcontractor fees, shall not exceed One Hundred
and Twenty Thousand Dollars and 00/100 ($120,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the rates to be paid by the City as set forth
in Exhibit B shall be adjusted, subject to a three percent (3.0 %) maximum increase on
an annual basis. Contractor shall provide City with written notice of the annual rate
increase at least thirty (30) days in advance of implementing any rate increase.
4.3 Contractor shall submit monthly invoices to City describing the articles
issued the preceding month. Contractor's bills shall include the City division or
department number, individual's name, item description and quantity, and the extended
dollar amount of each item. City shall pay Contractor no later than thirty (30) days after
approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
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Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jeff Notch, Branch
Manager to be its Project Manager. Contractor shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall
not be unreasonably withheld with respect to the removal or assignment of non -key
personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
This Agreement will be administered by the Municipal Operations Department.
The Deputy Municipal Operations Director or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one (1) copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest industry standards.
For purposes of this Agreement, the phrase "highest industry standards' shall mean
those standards of practice recognized by one (1) or more first -class firms performing
similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
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requirements of this Agreement and all applicable federal, state and local laws and the
highest industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 - To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
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employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Contractor, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in 's proposal.
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14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employers Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Contractor's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Contractor shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Other Insurance Provisions or Requirements.
14.7.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.7.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Contractor hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
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14.7.1.2 Enforcement of Contract Provisions. Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.7.1.3 Requirements not Limitinq. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.7.1.4 Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide to City with thirty (30) days notice of
cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.8 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractors
performance under this Agreement.
14.9 Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint-venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. OWNERSHIP OF DOCUMENTS
16.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon prior written request.
16.2 Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for reuse by
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City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this
Agreement by City or persons other than Contractor is waived against Contractor and
City assumes full responsibility for such changes unless City has given Contractor prior
notice and has received from Contractor written consent for such changes.
17. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted
version of Microsoft Word, Excel or portable digital format (.pdf).
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Contractor's Documents provided under this
Agreement.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
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return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Contractor,
the additional design, construction and /or restoration expense shall be borne by
Contractor. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Contractor to City shall be addressed to City at:
Attn: Mike Pisani, Deputy Municipal Operations Director
Municipal Operations Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3059
Fax: 949 - 650 -0747
Email: mpisani @newportbeachca.gov
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25.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Jeff Notch, Branch Manager
UNIFIRST CORPORATION
16434 Pioneer Blvd,
Norwalk, CA 90650
Phone: 562 - 926 -2377
Fax: 562- 926 -1811
Email: jell_ notch @unifirst.com
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
UNIFIRST CORPORATION Page 10
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.5 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 the Agreement or any other rule of
construction which might otherwise apply.
28.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
28.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE A California municipal corporation
Date: 3 tJ f� Date:
By: fqLI By:
Aaron C. Harp Dave Kiff
City Attorney �(� City Manager
ATTEST: r n v CONTRACTOR: UNIFIRST
Date: CORPORATION, a Massachusetts
Corporation
Date:
►.1, , , V/A
City Clerk
Attachments
By:
Raymond C n
�S»e ry
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
UNIFIRST CORPORATION Page 13
Exhibit A
Scope of Services
ATTACHMENT A: SCOPE OF SERVICES
Instructions: Initial the bottom of each page of the Scope of Services In the spaces provided as remit as part of
Your Proposal as AttachmenrA, acknowledging a demonstrated understanding of the Scope of Services. Any
and all exceptions to the stated mandatory minimum requirements shall be indicated on the Statement of
Compliance.
1. SCOPE OF SERVICES: CFIY RESPONSIBILITIES
1.1 City shall provide Contractor with a designated contact at each uniform delivery/pick -up
location. The designated contact at each location shall make uniform delivery driver
aware of any particular concerns that arise.
1.2 City shall use the Contractor - provided Service Tag to indicate any damaged uniform
articles.
1.3 City shall deposit soiled and damaged uniform articles in separate designated containers
as provided by Contractor.
1.4 City shall verify all Contractor provided listings and receipts of uniforms that are picked
up and delivered, immediately reporting and discrepancies to Contractor.
1.5 City shall notify Contractor of any personnel changes that affect uniform needs, such as:
1.5.1 Addition of new personnel requiring uniforms;
1.5.2 Personnel no longer requiring uniforms; and /or
1.5.3 Personnel transferred to anew department or division.
2. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILTIES /PROVISIONS
2.1 Contractor shall provide the City with requested quantity and types of uniforms, which
include pants, shirts, shorts and coveralls.
2.2 Contractor shall pick up and launder all soiled uniforms and deliver to the City cleaned
uniforms.
2.3 Contractor shall provide the City with requested quantity and types of shop towels,
.fender covers and floor mats. -
2.4 Contractor shall pick up and launder all soiled shop towels and fender covers, and
deliver to the City cleaned shop towels, fender covers and floor mats.
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UNIFIRST CORPORATION
2.5 Contractor shall provide one (1) locked container for the deposit of soiled uniforms and
one (1) locked container for the deposit of damaged uniforms at each of the following
uniform delivery/pick -up locations:
2.5.1 Utilities Yard Locker Room;
2.5.2 Corporate Yard Administration Building Locker Room; and
2.5.3 Corporate Yard Equipment Maintenance Locker Room.
2.6 Contractor shall schedule the delivery and pick -up of uniform articles on a weekly basis,
on the same day and at the same time each week.
2.7 Contractor shall meet with the City- designated contact at each uniform delivery/pick-
up location at the time of delivery to communicate any issues, concerns or needs.
2.8 Upon picking up uniform articles, Contractor shall count all items picked up and leave a
receipt with each City-designated contact.
2.9 Upon delivery of uniform articles, Contractor shall provide an accurate listing of all
delivered items to each City- designated contact.
2.10 Contractor shall deliver repaired or replaced uniform articles separately (set aside from
regularly - delivered articles) and notify City- designated contact at each uniform
delivery/pick -up location regarding the delivery of repaired or replaced items.
2.10.1 Replacement uniform articles shall be new and unused.
2.11 On as as- needed basis, City shall provide Contractor with City of Newport Beach
emblem patches to be sewn on to designated employees' uniforms.
2.12 Contractor shall respond to any telephone, fax or e-mail correspondence from City
within twenty -four (24) hours.
2.13 Prior to the commencement of any Agreement, Contractor shall coordinate with the
City's Accounts Payable Division to develop an acceptable billing and invoicing
methodology, incorporating the following:
2.13.1 Contractor shall invoice City once per month in arrears.
2.13.2 Contractor shall provide City with one (1) original invoice and two (2) copies
of each invoice.
2.13.3 Contractor shall indicate each department name and division name /number
on each Invoice.
ftPOSerinrN 1$:tb_
City of Newport Beach NFP No. 915 Pace 11
llnllortn Services
A -21 Page
2.13.4 Contractor shall provide a separate Invoice for each division.
2.13.5 Invoices shall be organized alphabetically, with employees' last name
appearing first.
2.13.6 Contractor shall assign a specific employee number to each employee
receiving uniforms.
Propose „M,fbb: U
Cry of Newpon aeatl RR No. 91s Page 12
unaanoservoos
A- 3IPage
EXHIBIT B
SCHEDULE OF BILLING RATES
ATTACHMENT 0: PROPOSAL OFFER FORM
Instructions: Complete this form, sign, and remit as port of your Proposal a$ Attachment 0.
Proposer Offer Form: Details
Uniforms: Up to eleven (11) sets per two week period for each employee. Each set may consist
of a combination of the items listed below, totaling not more than eleven (11) shirts, and
eleven (11) pants /shorts, for a total of twenty-two (22) individual items. In addition, each
employee may, depending on need, be allowed up to five (5) pairs of coveralls. Inventory is 11
changes per person (including one "swine" change) and is for a full two weeks. Six shall be in
the possession of the employee and five shall be in the possession of the uniform laundry
service Contractor,
Uniform items are as follows:
1.. Shirts (collared, button up)
a. Shirt, Short . Sleeve, 65/35 Polyester Blend, Light Blue or White Color
b, Shirt, Short Sleeve, 100% Cotton, Light Blue or White Color.
C. Shirt, Long Sleeve, 65/35 Polyester. Blend, Light Blue or White Color.
d. Shirt, Long Sleeve, 10056 Cotton, Light Blue or White Color.
2. Pants (work /uniform style pants)
a. Pants, 65/35 Polyester Blend, Navy Blue Color.
b. Pants, 3.00% Cotton, Navy Blue Color.
c. 'dresslexecutive style slacks. Very limited distribution /use.
3. "Shorts
a. Shorts, 65/35 Polyester Blend, Navy Blue Color.
b. Shorts, 1001A Cotton, Navy Blue Color
4. Coveralls
a. Coveralls, 65/35 Polyester Blend, Navy Blue Color.
Additional items are as follows:
1.. Floor Mats. Floor Mats in the.following sizes:-3'x4', 3'x5', 3'x10, 4'x6'. (rotated
and laundered every two weeks)
2. Shop T6wels.(laundered every week; quantities to be laundered will vary
depending on use) -
3. Fender Covers. IAs needed)
Cn,019e port aea:h PFP no.'t15
UnPoan Sen�w
Paae 1e
i � 1
Item
SHIRT
PANTS'
SHORTS
COVERALLS
Proposer Offer Farm: Pricing Sheet
65/35 100% Short Long
Blend Cotton Sleeve Sleeve
Exec. weekly Charge
pant Per''`•:
style "
J
J
$
--1-
t
I$ •U
Y
V
J
$
j
,tS
1 r
J
$ I
Y
$1
Notes:
' Qpriang dhea between Mons cua and Women's cult mutt spedfy.
'Very limited distribution. Very fewpoirs requested used.
" 'If there is o price d&rence between calms of ony item (i.e., white versm light blue shirth must specify.
�G Camay �S k +r.YrT 4t °•�y� h,1 .6-jr X C t' 'Y�(, T 1 .A,to{i r
.? *- ���Yei f–r - S- _%'-., +rr�.l,Y.M'llf�y(vN1f•�i1 E,a�C�v- L'L�ST3'�.�� Y' °�ti',�'� •¢1s'l
D�:li ^J e�i�.uca 3cn- .._ /11L,�v .i3?v�.�:�._ v-.. -. o•F` sW �. !1-'v,
Fender Covers $ 4S (As Needed)
'Shop Towels (Weekly)
10313'x4' — — $ (ei- Weekiy� —�
cal 0lhm ftmth wo no. als
ur!orm S.,.
e�de V
B- 2IPage
rviaa s x>
-Z,00
of name and City provided Emblem Patches $ N (first Time
gyring (direct an shirt) of Name &Title �^ $ N (First Time
N IA;
Current Uniform /Item Quantities (Based on current Invoices, numbers may fluctuate)
�' . 5 �t .n ��—rvyt tP "%fi u"�._. ,✓L �
1:.i3� .g�•� .8'tt N�`�yti`r ..y��' a 4�;h', . t }J- 1r rr-+t
..h -.dGr ! "P `jTf•• Yr.P �4'Si��.6' 1i t'� fi
- �__�j 7
t. „�r� �va
r?'.b.3r _i° y;,r�}:l,
v Ptv`��t �1��r�u��
Uniform Shirts
1 1071 III
]) (Number of Short Sleeve Shirts)
,505
� (Numberof Long Sleeve ShittsJ
_
(Number of unspecified sleeve length)
i352
(N umber of Cotton Shirts -long orshort sleeve)
284
t Pants
1288
(Number of Cotton Pants)
297
(Executive style -dress pants)
Less than 5
Shorts
303 j
(� Numberof Cotton Shorts) -
)'Less. than 15 —i
Coveralls.
97 �
Mat 3'94'
SO �
Mat3'x5' _.. . .�._.._.__...._,.__._...._._._. __.._
i8
j Mat 3'x10'
ary of NIwIo Beaty RPP Na 9LIS
u9xVFTexngxv,
P,O Is
Mat
, 2774
I.Shop Towel
—
Fender Cover
10�
i
—
I
The undersigned certifies that submission of this-Proposal is made without prior understanding,
arrangement, agreement, or connection with any corporation, firm or person .submitting a
Proposal for the same services, and is in all respects fair and without collusion of fraud. The
undersigned certifies that they have not entered into any arrangement or agreement with any
City of Newport Beach public officer. The undersigned understands collusive practices are a
violation of State and Federal law and can result In fines, prison sentences, and civil damage
awards.
Proposer Signature Date
L" 4`Ib 14•e.5r"
Printed Nome and Title
lRy of H Wpod Beadi xFF No. 435
Vnifom, 5"lon
ppgr la
B- 41Page
UniFirst
April 9, 2012
City of Newport Beach
Ladies and Gentlemen:
UniFirst Corporation
16434 Pioneer Boulevard
Norwalk, CA 90650
Phone: 562 - 926 -2377
Fax: 562- 926 -1811
Please use this letter to serve as authorization for Jeffrey Notch, Branch Manager of
Norwalk, CA acting as authorized agent for UniFirst Corporation to execute the
agreement with City of Newport Beach.
Very Truly Yours,
RONALD.D. CROATTI
Chairman, President & C.E.O.
FINANCE DEPARTMENT
PURCHASING DIVISION
March 8, 2012
Re: City of Newport Beach Request for Proposal (RFP) No. 9 -15
Firms Submitting Proposals:
Ameripride Linen and Apparel Services
Aramork Uniform Services
Cintas
Mission Linen and Uniform Service
Prudential Overall Supply
Unifirst Corporation
Dear Proposer:
Thank you for your participation in the City's RFP No. 9 -15 for Uniform Rental Services. The
evaluation panel for this RFP convened to evaluate all proposals submitted to the City. As
opposed to a standard Bid, the City evaluated the proposals using a multitude of factors aside
from, but including, pricing. The factors utilized to evaluate the proposals are as follows:
• Operational Experience of the Proposing Firm;
• Qualifications of the Proposing Firm;
• Proposer's Demonstrated Understanding of the Project and Methodology;
• The Quality of the Proposed Uniform Apparel Items;
• The Overall Responsiveness of the Proposal; and
• Proposed Project Costs.
The evaluation process for this project entailed a two -step process. In the first step, each of the
aforementioned technical factors was assigned a weight and all proposals were scored against
those established criteria. In the second step, a ratio of costs analysis was performed,
comparing the cost proposals of each firm. Upon conclusion of these two steps, short - listed firms
were invited to a panel interview. Following these processes, the evaluation panel ranked
Unifirst Corporation as the highest -rated Proposer. As such, any subsequent negotiations and
contracting procedures will be carried out between the City and Unifirst Corporation. Copies of
all proposals are now available for review, upon request.
I would like to thank you for all the time you contributed during this RFP process. If your firm was
not selected during this RFP process I kindly ask that you ensure that your firm is registered on the
City's Online Vendor Database. This will enable the City to contact your firm in the event there
are future Bids or RFPs of a similar nature. The website for this database is as follows:
h t t r)s: / /www 5. n ew p o rt b e a c h c o. a o v/ o s u p o l i e r
Concerning the uniform samples that you may have submitted, I have designated Kurt Brouwer,
Buyer as the primary point of contact for the return of your uniforms. Mr. Brouwer may be
contacted to arrange returns or for questions concerning the selection process. For your
convenience, both of our contact information may be found below.
3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915
Telephone: (949) 644 -3127 • Fax: (949) 644 -3339 • www.newportbeachca.gov
With Regards,
Anthony Nguyen
Senior Buyer, City of Newport Beach
P:949- 644 -3080
F:949- 642 -7072
anguyen@newiportbeachco.gov
Kurt Brouwer
Buyer, City of Newport Beach
P: 949 -644 -3087
F:949- 642 -7072
kbrouwer@newportbeachco.gov
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