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HomeMy WebLinkAbout8220RESOLUTION NO. 8220 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND G &K SERVICES, A MINNESOTA CORPORATION, FOR THE PROVISION OF UNIFORM RENTAL AND LAUNDRY SERVICES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION l The contract between the City of Pueblo, a Municipal Corporation, and G &K Services, a Minnesota Corporation, for the provision of uniform rental and laundry services is hereby approved. SECTION 2 Funds for said contract will be budgeted and will be paid out of the accounts for departments using this service. SECTION 3 The President of the City Council is hereby authorized to execute this contract for and on behalf of the City and the City Clerk is authorized and directed to attest same and affix the seal of the City thereto. INTRODUCED geptemher 8 , 1997 BY: Al Gurule Councilperson APPROV D: President o the ouncil ATTEST: tom' City C6prk UNIFORM RENTAL AGREEMENT THIS UNIFORM RENTAL AGREEMENT (the "Agreement ") entered into as of be � , 1997 between Pueblo, a municipal corporation, 1 City Hall Place, Pueblo', Colorado, 81003, (the "City ") and G &K Services, a Minnesota corporation, 5100 Race Court, Denver, Colorado, 80216 (the "Vendor "). WHEREAS, Vendor is engaged in the business of providing uniform rental and laundry services, and WHEREAS, City has selected Vendor to provide uniform rental and laundry services to City through the procurement procedures of the City's Purchasing Department, and WHEREAS, City desires to engage Vendor to furnish and provide uniform rental and laundry services under the terms and conditions of this Agreement, and Vendor is willing to so furnish and provide such uniform rental and laundry services to City; NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Vendor agree as follows: 1. Vendor will provide uniform rental and laundry services in accordance and compliance with this Agreement, including without limitation, the Scope of Work attached hereto as Exhibit "A "(the "Services "). 2. The term of the Agreement shall be for the period beginning December 19, 1997 and ending December 31, 1998, unless earlier terminated as herein provided. City is granted the right and option to extend the term of this Agreement for four (4) successive one (1) year terms upon the same covenants and provisions, except that the price and rates stated in the attached Exhibit "B" will be annually increased by the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for all cities, all items, or its successor index, for the preceding calendar year. City's exercise of this option shall be in writing and given to Vendor on or before the first day of December of the original term or each succeeding term, whichever the case may be. Vendor shall commence performance of the Agreement upon its approval and execution by the City, but Vendor shall not be obligated to deliver uniforms, jackets and laundry service until December 19, 1997. 3, City will compensate Vendor at the prices and rates stated in the attached Exhibit "B" for satisfactory performance of the Services as approved by City, which approval will not be unreasonably delayed or withheld. City will make payment to Vendor on a monthly basis subject to City's receipt and approval of certified invoices submitted by Vendor. Each invoice shall describe the Services performed in sufficient detail to allow the City to approve payment of the invoice. Vendor authorizes City or its agent to audit and inspect Vendor's books and records relating to this Agreement during the effective term of this Agreement and for a period of two years after its termination, to assure compliance with the terms hereof, for the purpose of evaluating performance, or to verify the accuracy of Vendor's invoices and performance. 4. All uniforms and jackets provided to City under this Agreement will remain the property of Vendor. City will pay for all uniforms and jackets lost or damaged beyond repair (ordinary wear and tear excepted) by City or its employees, or not returned to Vendor by City within thirty (30) days after termination of this Agreement. Charges for such loss or damage shall be as provided in the attached Exhibit "B ". 5. In the performance of this Agreement, Vendor shall comply with all applicable federal, state and local laws and regulations. Vendor shall protect and indemnify the City against any claim or liability arising solely from or based solely on Vendor's violation of any such law or regulation. 6. If either party shall for any reason default in the performance of any covenant or provision of this Agreement, the non -defa ltin party may terminate this Agreement if the defaulting party fails to cure such default withi�i U (60) days after the non - defaulting party gives written notice to the defaulting party specifying the default. 7. The Vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Vendor nor any agent or employee of the Vendor shall be, or shall be deemed to be, an agent or employee of the City, and they shall have no authorization, express or implied, to bind the City to any agreements, settlements, liability, or understanding except as otherwise expressly set forth herein. The Vendor shall be responsible to the City for the ultimate results of performance required hereunder, but shall not be subject to the direction and control of the City as to the means and methods of accomplishing the results. The specifications in this contract or particular performance standards that the City deems essential to proper performance and contract value shall in no event be deemed to alter this relationship. THE VENDOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, AND ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. The Vendor shall provide and keep in force workers' compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law. Vendor shall be solely responsible for the acts of the Vendor, its employees and agents. THE VENDOR ACKNOWLEDGES THAT THE VENDOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKERS' COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE VENDOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE CITY DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. 8. In the event of any litigation arising out of this Agreement, the court shall award to the prevailing party its costs and expenses, including reasonable attorney fees. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party submits to the jurisdiction of that Court. To the extent permitted by law, each party waives its right to a jury trial. -2- 9. This Agreement expresses the entire understanding of the parties and supersedes any and all prior dealings and commitments with respect to the subject matter of this Agreement and may not be amended except in writing signed by City and Vendor. 10. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. 11. Any notices hereunder shall be sufficiently given if given personally or mailed by first class mail, postage prepaid, addressed: (a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or (b) if to the Vendor, 5100 Race Court, Denver, Colorado, 80216, Attention: or to such other address as either party shall specify in written notice given to the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided Vendor may not assign this Agreement or any interest herein without the prior written consent of City. 13. The person signing this Agreement on behalf of Vendor represents and warrants that such person and Vendor have the requisite power and authority to enter into, execute, and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Vendor enforceable against Vendor in accordance with its terms. 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Executed the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTEST: f By - &d� � / — — City Cl6k President of Ce City Council [SEAL ] G &KKDS-E ICES ATTEST: B Y 11911 Name: Title: Name: I�� Title: Federal Identification No. / c) (o ') L 3� J:\ CITY \ADMIN\UNIFORMS\AGREEMEN.WPD �� SCOPE OF WORK (exhibit A) The vendor shall furnish all labor and materials, including uniforms, for uniform rental/laundry services for the selected departments of the City of Pueblo. The vendor's services shall include accurate measurement and fitting for each employee, application of name tags, logos, and patches, delivery of new uniforms, pick -up of soiled uniforms, cleaning, repairs, hanging on hangers and delivering the garments the day scheduled for, at each location. The vendor shall deliver the same garments each week that were turned in during the previous week. The vendor shall replace, at no charge to the City of Pueblo, any rental garment which becomes unserviceable due to normal wear and tear, the vendor shall coordinate its delivery schedule with representatives from the City of Pueblo at each location, delivery schedules must be acceptable to the City of Pueblo. The term uniform shall be understood to mean shirt and pants, or coveralls or a combination of either, as approved by department head. Uniform materials shall be of an industrial grade 65% polyester /35% cotton blend with a soil release finish. (Some employee's may require a 100% cotton uniforms due to medical or job related reasons.) Style of shirts shall be industrial cut or executive button down collar, long or short sleeve. Coveralls shall be an industrial cut, long or short sleeve. Pants shall be either industrial, pleated or western cut as an individual employee preference. Color shall be determined by each department head, and vendor availability in regards to type or style of garment. Industrial colors should include, white, medium blue, brown, light green, navy, light gray, charcoal, tan or khaki, and orange. Executive shirt colors should include, light blue, white, blue /white stripe, or red /white stripe. Coverall colors should include, navy, brown, charcoal, light blue, and dark green. Jackets shall be a insulated, bomber style, industrial grade 65% polyester /35% cotton blend with a soil release finish. The vendor shall issue a minimum of 11 uniform sets and 2 jackets to each employee. Style, color, and required patches as determined by department head at time of initial measurement, and order. The vendor shall provide each shirt, coverall, and jacket with the employee's (first) name tag (supplied by vendor) sewn above right side pocket, and a City of Pueblo logo (supplied by vendor) with the respective departments division name (supplied by vendor) below, sewn above the left side pocket. The vendor shall also apply any other patches (i. e. ASE Master Auto and Truck Technician, on shoulder) as required and or supplied by the City of Pueblo to the desired location on the uniform. The vendor shall be responsible for the initial departmental visitation for an accurate measurement, fitting, and any other specific uniform requirements, location of lockers, racks, soiled garment storage, for pick -up and delivery at each department location. The vendor shall provide each department visitation, on an "as needed" basis. The vendor shall supply all uniform lockers, racks, and soiled garment containers to each department at no charge. SCOPE OF WORK (exhibit A) Estimated turn in is 1060 uniforms per week, which is 5 uniforms and 1 jacket per employee. This figure will increase or decrease, depending on the number of employees to be serviced at a specific time. Charges are to be based on a maximum 50 weeks per year per employee. There will be an option (at no charge) for each employee to exchange short sleeve uniforms for long sleeve uniforms once each spring (May) and once each fall (September) for long sleeve uniforms or any desired and approved uniform combinations of short sleeve and long sleeve uniforms. Jackets will be cleaned weekly between September and May. The vendor shall waive the rental/laundr service fee for the jackets between May and September. 6 5�tw►r' LV r ( �4 �.�p�ILo < u I �1 /"�u^.7in EXHIBIT B Initial pricing for rental of garments will be as follows: Coveralls $ .96 Cotton Coveralls $1.16 Shirts $ .48 Jackets $2.00 Pants $ .48 Exec. Shirts $ .80 Cotton Shirts $ .58 Polo Shirts $ .85 Cotton Pants $ .58 Preparation charge for garments will be waived for initial start up of account. Thereafter, preparation charges will be $1.50 per garment for all subsequent changes. It is mutually agreed upon by both parties that preparation charges will be waived for seasonal exchanges during the month of May and the month of September. G &K Services agrees to be flexible with the exact month, but such period will not exceed 30 days. Seasonal exchanges are defined as a change from short sleeves to long sleeves or long sleeves to short sleeves which apply to the current weather conditions. The City of Pueblo has agreed to keep seasonal exchanges to a minimum. G &K Services will attempt to minimize the need for these exchanges by offering a split inventory of both short and long sleeves. Jackets will also be available, as well, to minimize the need for these exchanges. Each employee will be issued a minimum of 11 uniform sets and 2 jackets. Weekly billing will be based on 50% of inventory issued. In this case, 5 uniform sets and 1 jacket would be billed weekly. Each wearer will be allowed a maximum of two weeks service at no charge during each calendar year. This allowance is provided due to considerable vacation time for tenured employees with the City of Pueblo. There will be an initial charge for a swing suit billed on the initial set up and thereafter for each new employee. This represents the rental amount for the odd garment (11th uniform), that is never billed again after the initial delivery. The odd garment or swing suit is available so that the wearer has a garment available to wear during the delivery day. Replacement charges for lost or damaged garments will be as follows: Coveralls $29.00 Cotton Coveralls $39.00 Shirts $13.00 Jackets $36.00 Pants $18.00 Exec. Shirt $19.00 Cotton Shirts $18.00 Polo Shirt $20.00 Cotton Pants $23.00 G &K Services agrees to provide lockers at no rental charge on a weekly basis. The only time any charge will be assessed for lockers would be due to excessive damage or abuse.