City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
MASTER AGREEMENT
CONTRACT NUMBER MA# 106-498356
BETWEEN
CITY OF ANAHEIM/CONVENTION CENTER
AND
UNIFIRST CORPORATION DBA SPECIALTY APPAREL
FOR
UNIFORM RENTAL SERVICES
This Master Agreement MA# 106- 498356 for Uniform Rental Services (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, 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 City of Anaheim (hereinafter referred to as “City”) with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805, and UniFirst Corporation dba Specialty Apparel 2322 E. Vernon Ave. Vernon, CA 90058 , (hereinafter referred to as “Contractor”), with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Pricing, Payment, and Compensation
Attachment C - Sourcewell Cooperative Contract Number # 011124-UFC between Sourcewell and UniFirst Corporation for Uniforms with Related Products and Services Attachment D- Unifirst Corporation dba Specialty Apparel Customer Service Agreement Terms
RECITALS
WHEREAS, the City has identified a Sourcewell Cooperative Contract (hereinafter referred to as the “Cooperative Contract”, awarded pursuant to competitive solicitation RFP# 011124 for Uniforms with Related Products and Services and valid from June 11, 2024 through March 25, 2028 and allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier; and;
WHEREAS, the City of Anaheim/Central Purchasing Office, on behalf of the Anaheim Convention Center, desires to leverage the Cooperative Contract and enter into Contract MA# 106-498356 with the Contractor for uniform rental services as further set forth in this Contract including its Attachments, effective upon execution for a term of thirty-six (36) months, with a not-to-exceed amount of $350,000.00 annually; and,
WHEREAS, the Contractor agrees to provide uniform rental services based on the Scope of Work and Pricing, Payment, and Compensation attached hereto and incorporated herein as Attachment A and Attachment B, respectively.
NOW, THEREFORE, the Parties mutually agree as follows:
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
ARTICLES
City General Terms and Conditions
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out -of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not deprive the City of the right to return nonconforming commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.
F. Acceptance Payment: City agrees to make payments withing 30 days of invoice receipt , 1) acceptance shall not be deemed complete until all the services have actually been rendered, inspected, and tested to the satisfaction of City, and 2) payment shall be made after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) will conform to City’s specifications set forth in this Contract; and, in all instances will be processed, mended and finished in accordance with generally accepted standards of the textile rental industry, and respective fabric manufacturers, and ( 3) all of the S ervices performed hereunder shall be executed in a good and workmanlike manner, in accordance with industry standards of care a nd diligence normally practiced by firms performing services of a City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
similar nature and in accordance with the provisions of th is Contract. Contractor makes no other representations, warranties or conditions, express or implied by law, statutory or otherwise, including, without limitation, the design or condition of the goods , their merchantability or their fitness, capacity or durability for any particular use or purpose, the quality of the goods or workmanship of the goods.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such violations of patent, proprietary right or trade secret right of any third party and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Cont ractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
L. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
M. Performance Warranty: All items of Goods cleaned, finished, inspected, repaired, and delivered by Contractor will meet or exceed industry standards, or non-conforming items will be replaced by the next scheduled delivery day at no cost to City. Items of rental Goods requiring replacement due to normal wear and tear will be replaced at no cost to City, save for any applicable personalization and setup charges. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obta in and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
be fully responsible for all work performed by subcontractors.
N. Bonding and Insurance Requirements: When any portion of the work will be performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated herein.
• Comprehensive General Liability Insurance: In an amount no less than $2,000,000 per occurrence/$4,000,000 Aggregate. This coverage is primary over any coverage maintained by the City.
• Auto Liability Insurance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL).
• Workers' Compensation Insurance: as required by State statutes and employer liability coverage in an amount no less than $1,000,000. A Waiver of Subrogation is required for Workers’ Compensation coverage.
Contractor is responsible for all deductibles and self-insured retentions, which if exceed $10,000, must be disclosed to the City prior to the inception of this Agreement.
With the exception of Workers’ Compensation insurance coverage, the City must be included as an Additional Insured for the above listed insurance coverage. All vendors shall agree to provide for a minimum of 30 days’ written notice of any voluntary material change to or termination of any required coverage as submitted to the City. Insurance policies are to be in an acceptable form issued by companies acceptable to the City’s Risk Manager.
Insurance certificates should state:
City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected]
O. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
P. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors a ssociated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
Q. Force Majeure: Contractor shall not be assessed with unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
R. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
S. Compliance with Laws: Contractor represents and warrants that in performing its obligations under this Contract, all services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
T. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
U. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
V. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
W. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counse l despite being encouraged and given the City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
X. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Y. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees , representatives, performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters c onnected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, C ity may immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: Contractor shall notify City of Anaheim in writing when the expenditure against City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
Contract reaches 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.
DD. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
City Additional Terms and Conditions
1. Scope of Contract: This Contract specifies the terms and conditions by which the City will procure Uniforms with Related Products and Services from the Contractor, as detailed in the Scope of Work provided in Attachment A. All services provided under this Contract shall conform to the Scope of Work as set forth in this Contract and Sourcewell# 011124-UFC, which governs the specific tasks, responsibilities, and standards of performance required of the Contractor.
2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and shall be effective when signed by both the City and Contractor Location Manager and continues in effect for 36 months after installation of Merchandise. The City may, at its sole discretion, exercise annual renewals for the period that the Sourcewell cooperative contract is renewed.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related to Bills and Liens.
5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
6. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment oppor tunities, and services must be made available to all persons, including persons with disabilities.
7. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
8. Default/Breach of Contract:
“Default” shall mean the failure of a party to perform any of its duties or obligations or the breach of any of the terms and conditions set forth in this Agreement. In addition, a party shall be deemed to be in Default upon (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion it’s assets or of it’s interests hereunder.
.02 City nor Contractor shall not be deemed to be in Default in the performance of any obligation required to be performed hereunder unless and until either party has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from the affected party specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of party’s obligation is such that more than thirty (30) days are required for i ts performance, then that party shall not be deemed to be in Default if it commences to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
Default by Contractor shall result in City taking following actions:
a. Terminate the Contract immediately; and
b. Discontinue payment to the Contactor for the nonconforming goods and services during the period in which Contractor is in breach/default; and
c. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
8.1. Termination for Convenience by City or City Default. If City breaches or terminates this Agreement before the expiration date for any reason (other than for Contractor’s Default described above), City will purchase all Goods based on the depreciation schedule attached hereto as Schedule I.
9. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
10. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
11. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
12. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three ( 3) years after final payment is received from City.
13. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
14. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
15. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
16. Debarment: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor as the recipient of federal funds, in unable to certify to any of the statements in the certification, Contractor must include an explanation. Department pending debarment, declared i neligibility or voluntary exclusion from participation by any Federal department or agency may result in being deemed non-responsible.
17. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor ’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
18. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
19. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster , emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
20. Errors and Omissions : All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.
Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
21. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
22. Gratuities: Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City with a view toward securing the Contract or securing favorable treatment with respect to any determinations concernin g the performance of the Contract. For breach or violation of this warranty, the City shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the City in procuring on the open market any goods or serv ices which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the City provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.
23. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
24. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of the ir own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Contract.
25. Lobbying: On the best information and belief, Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or attempting to influence an officer or employee of Congress; or an employe e of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
26. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
27. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Unifirst Corporation dba Specialty Apparel
Attn: Brian Clancy
2322 E Vernon Ave.
Vernon, CA, 90058
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
Phone: (323) 583-3100
Email: [email protected]
Project Manager: City of Anaheim/ Convention Center Attn: Nicholas Macaulay
1850 So West Street
Anaheim, CA 92802
Phone: (714) 765-5155
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Ariana Hernandez
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4903
Email: [email protected]
With a Copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805
28. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
29. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
30. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any a pprovals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
31. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set fort h in the recitals and articles of this Contract, and then the exhibits and attachments.
32. Sub-Contracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall constitute a breach of this Contract.
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.
33. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
34. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
35. Usage Reports: Contractor shall submit usage reports on an annual basis to the Assigned Buyer.
The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
36. Waivers - Contract: The failure of the City in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF , the Parties hereto have caused this Contract to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
DEBORAH A. MORENO
FINANCE DIRECTOR /CITY TREASURER
DATE OF EXECUTION: UNIFIRST CORPORATION dba SPECIALTY APPAREL*
By:
Title:
Printed Name:
DATE OF EXECUTION: UNIFIRST CORPORATION dba SPECIALTY APPAREL* ___________________________________
By:
Title:
Printed Name:
ATTEST:
APPROVED AS TO FORM
ANAHEIM CITY ATTORNEY’S OFFICE:
By:
THERESA BASS, CITY CLERK
By:
Title:
Printed Name:
Date: Date:
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above -described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution d emonstrating the legal authority of the signee to bind the corporation.
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
SCHEDULE I
Brand Description
Item
Code Replacement
1-12
Months
in Service
13-35
Months
in Service
CROWD CONTROL
EDWARDS 60/40 Cotton/Poly 0211-07 29.56 22.47 15.37
EDWARDS
Pants, Rental Crowd Control: Gray Edwards Synergy
Poly Dress Pant 6.2oz 10DW HP 92.07 69.97 47.88
EDWARDS
Vest, Rental Crowd Control: Maroon Edwards Texturised
Woven Vest 2097-11 42.87 32.58 22.29
MAIDS & PORTERS
EDWARDS
Smock, Rental Maid & Porters: Blue With Black Lapels
Edwards Zip Panel 100% Poly Smock 04DY-69 46.89 35.63 24.38
UNIFIRST
Pants, Rental Maid & Porters: Gray Softwill Plain Front Pant 7.75oz 65/35 Poly/Cotton 1002-02 37.73 28.67 19.62
UNIFIRST
Jacket, Rental Maid & Porters: Navy Blue Permalined Hip Jacket 7.5oz 65/35 Cotton/Poly 1527-05 70.40 53.50 36.61
DUTY MANAGER
EDWARDS Cotton/Poly 0111-03 32.422 24.64 16.86
EDWRADS
Pants, Rental Duty Manager: Gray Edwards Synergy Poly
Dress Pant 6.2oz 10DW HP 92.07 69.97 47.88
EDWARDS
Coat, Rental Duty Manager: Navy Blue Edwards Suit
Coat-Poly 2 Button Close 209D-HP 196.042 148.99 101.94
PARKING
EDWARDS
Shirt, Rental Parking: White Edwards Park Street Short
Sleeve Oxford Button Down Shirt 60/40 0211-07 29.562 22.47 15.37
EDWARDS
Pants, Rental Parking: Gray Edwards Synergy Poly Dress
Pant 6.2oz 10DW HP 92.07 69.97 47.88
EDWARDS Vest, Rental Parking: Blue Edwards Essential Polyester 2091-05 45.842 34.84 23.84 UNIFIRST Jacket, Rental Parking: Navy Blue Reflective 15EH-05 71.857 54.61 37.37
SECURITY
UNIFIRST
Shirt, Rental Security: Gray Short Sleeve Security 35/65 Cotton/Poly Shirt 03PN-03 43.89 33.36 22.82
UNIFIRST
Shirt, Rental Security: Gray Long Sleeve Security 35/65 Cotton/Poly Shirt 02PN-03 40.672 30.91 21.15
UNIFIRST
Pants, Rental Security: Black 65% Poly / 35% Cotton
Adjustable Waist Tactical Pants 7012-12 19.415 14.76 10.10
CLEANER SETUP
UNIFIRST Poly/Cotton 0102-FN 26.95 20.48 14.01
UNIFIRST
Pants, Rental Cleaner Setup: Navy Blue Softwill Plain
Front Pant 7.75oz 65/35 Poly/Cotton 1002-02 37.73 28.67 19.62
UNIFIRST
Jacket, Rental Cleaner Setup: Navy Blue Permalined Hip
Jackets 7.5oz 65/35 Cotton/Poly 1527-05 70.4 53.50 36.61
MAINTENANCE & STOREROOM
UNIFIRST Poly/Cotton 0102-09 26.95 20.48 14.01
UNIFIRST Poly/Cotton 0202-09 22.825 17.35 11.87
UNIFIRST Poly/Cotton 1002-05 37.73 28.67 19.62
UNIFIRST
Coverall, Rental Maintenance & Storeroom: Navy Blue
Coverall 100% Cotton 3001-02 68.337 51.94 35.54
UNIFIRST Cotton/Poly 1527-05 70.4 53.50 36.61
FIRE RESISTANT
City of Anaheim
Central Purchasing Office
UniFirst Corporation dba Specialty Apparel
Uniform Rental Services
MA #106-498356
Brand Description
Item
Code Replacement
1-12
Months
in Service
13-35
Months
in Service
UNIFIRST
Shirt, Rental Flame Resistant: Navy Blue Armorex Flame
Resistant Work Shirt 9oz Cat 2 09FR-03 88.027 66.90 45.77
UNIFIRST
Pants, Rental Flame Resistant: Navy Blue Armorex Flame
Resistant Work Pant 9oz Cat 2 10FR-05 101.062 76.81 52.55
UNIFIRST
Coverall, Rental Flame Resistant: Navy Blue Armorex
Flame Resistant Coverall 9oz Cat 2 30FR-05 104.252 79.23 54.21
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
ATTACHMENT A
SCOPE OF WORK
I. GENERAL INFORMATION
A. The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City. The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development. In support of these services, this contract has been established for uniform rentals for Anaheim Convention Center personnel.
B. This agreement is for uniform rental services only. At the end of the rental period, the uniforms must be returned to the Contractor in good condition, barring normal wear and tear. The City will not be obligated to purchase the uniforms at any point during or after the Contract period, except in cases where the uniform rentals are abused beyond repair, damaged by wearer, lost or stolen.
II. CONTRACTOR REQUIREMENTS
Contractor shall:
A. Provide uniform and locker rental services to multiple locations within the Anaheim Convention Center, located at 1850 S. West Street, Anaheim, CA, on a weekly basis. Approximately 450 employees require rental garments; however, usage is not guaranteed, and the City reserves the right to adjust, modify, or discontinue services as needed.
B. Supply rental uniforms and related services to the Anaheim Convention Center on a weekly basis.
Services shall include, but are not limited to, locker rental, pickup, delivery, laundering, pressing, alterations, and the repair or replacement of uniforms as necessary.
C. Fulfil sizes extra small through 5XL in long sleeve shirts and short sleeve shirts in both men and women styles.
D. Fulfil waist sizes twenty-six (26) through sixty-four (64) in pants in men and zero (0) through thirty-two (32) in women styles.
E. Provide rental lockers and soiled bins with sufficient space to accommodate the uniforms supplied.
F. Maintain reasonable stock levels or be able to obtain items to accommodate the required turnaround time.
G. Provide a dedicated account manager available during regular business hours to assist City with the placement of orders and the resolution of any issues during the entire term of this Contract.
H. Maintain a telephone answering system between 8:00 a.m. and 5:00 p.m., a valid email address to place orders, as well as a contact name and phone number for 24-hour access.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
I. Own or have available a fleet of vehicles adequate to dispatch, carry and handle City deliveries that meet or exceed the Department of Transportation (DOT) and any government regulations.
Contractor’s vehicles must always have a visible company logo that w ill easily identify their vehicles as part of their fleet,
J. Have vehicles that are equipped with a radio dispatch system or mobile telephone access.
K. Allow flexible ordering with no minimum quantity or cost per order.
L. Provide weekly delivery and pickup of uniform garments between 8:00 AM and 4:00 PM, Monday through Friday. Require the route delivery representative to meet with the Anaheim Convention Center’s designated representatives upon arrival to review deliveries, pickups, and service updates.
M. In the event of an emergency order, Contractor must be able to deliver to the City within 48 hours of order placement.
N. Accompany all deliveries with documentation detailing the number of uniform sets delivered, along with a list of each worker’s garments.
O. Ensure all work is performed in accordance with applicable industry standards, health and safety codes, and all local, state, and federal laws
III. SPECIFICATIONS AND SCOPE OF SERVICES:
A. The Contractor’s services include rental of uniforms, including laundering, pressing/steaming, repair, replacement, simultaneous delivery & pickup, fittings, and locker rental services.
Contractor shall provide all necessary materials, labor, tools, equipment, and expertise required to successfully deliver the requested services.
B. The garments to be supplied by Contractor include but are not limited to: shirts (long and short sleeve, uniform work shirts), pants (standard work, dress, tactical), coveralls (fire rated and standard) jackets (blazers, work and tactical).
C. Contractor is responsible for designing and producing patches, logos, emblems, embroidery and other related items. The City will provide the Contractor with a sample logo for reference. Prior to production, the vendor must obtain artwork proof approvals an d submit a patch prototype for City approval. All patches/emblems must be permanently attached to prevent peeling or detachment from uniforms. Any personalization or alterations made to the garments by the Contractor, including patches, will not be considered damage. These changes will not be deemed as a factor that prevents the Contractor from reissuing the garments, and the City will not be obligated to purchase the garments at any point during or after the Contract period.
D. Provide only the specified descriptions, brands, clothing types, colors, and specifications outlined in Attachment B. Substitutions are not permitted without prior approval from the Project Manager.
E. Quality of Work: Uniform maintenance, laundry, patches, embroidery, and stitching must be maintained in a satisfactory condition and comply with City standards for all work performed.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
F. Provide standard tailoring services including but not limited to inseam, hemming of pants, waist in and out, shirt sides in and out, and correcting sleeve length at no additional cost.
G. Provide tailoring services for all normal alterations and repairs within five (5) business days for new employees and established employees. (Uniform Request Forms will state “New Employee” when applicable.)
H. Provide and install rental lockers (with locks) and soil bins with sufficient space to accommodate the uniforms supplied in locations designated by City. Coordinate delivery with City Project Manager. Contractor shall be responsible for the removal of the lockers upon expiration or termination of the contract.
I. Provide weekly delivery and pick- up of uniforms during the hours of 8:00 AM and 4:00 PM, Monday through Friday. Route delivery representative to meet with Anaheim Convention Center’s designated representatives upon arrival to review delivery, pick -up, and service. All deliveries shall be accompanied by documentation showing the number of uniform sets delivered, along with a listing of each individual worker’s garments.
J. Deliver to multiple locations at the Anaheim Convention Center (e.g., Crowd Control, Event Services, Facility Maintenance, Facility Services, Parking, Security):
1850 So West St., Anaheim, CA 92802
K. Maintain a log of all pickups and deliveries unless otherwise arranged with the City’s Project Manager.
L. Contractor shall have adequate quality control for minor repairs to ensure all broken or missing buttons, broken zippers, and torn or stained uniforms are repaired or replaced before delivery.
M. Garments shall be deemed unpresentable if they exhibit noticeable wear and tear such as, but not limited to, holes, tears, stains, rips, missing buttons, loose patches, poorly fitted, fading, or shrinkage. Bidder shall be required to mend, alter, size exch ange, or replace uniforms with new garments on an as needed basis at no additional cost to the City.
N. Contractor is responsible for all fittings of employees participating in the uniform rental program.
Contractor must coordinate with Project Manager and meet at the Anaheim Convention Center to custom fit all uniforms. Initial fittings are to be completed within five consecutive days; measurements should be kept on file and updated when necessary.
O. Contractor must fulfil initial order of rental uniform items within sixty (60) business days.
P. New Convention Center employees hired after initial distribution shall be fitted for NEW and unused uniforms within 5 business days after notice from the City Representative.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
Q. Fulfil new orders within 7 business days of order placement after authorization to proceed.
R. All orders shall be delivered on individual hangers grouped by employee and placed in the employee’s lockers.
S. All garments shall have the employee’s locker number affixed in an inconspicuous manner.
Vendor may choose to use a barcoding system; however, all employees should be able to identify their own garments.
T. Deliver complete sets; do not backorder or ship partials without City’s expressed written consent.
If an item is backordered or no longer available, Contractor shall notify the City in writing (email is acceptable) and obtain Program Manager approval prior to placing order for any alternative.
The City reserves the right to cancel the item on backorder and order from a different source.
U. Upon order placement, Contractor shall provide an order confirmation, and include detailed packing slips with all shipments.
V. Note that the City may reject any or all items that fail to comply with the specifications.
Contractor must, at Contractor’s sole expense, pick up items to be returned to Contractor within five (5) business days of notification and process credit for retur ned items within ten business days of receipt.
W. Flame Resistant (“FR”) Goods supplied hereunder is intended only to prevent the ignition and burning of fabric away from the point of high heat impingement and to be self -extinguishing upon removal of the ignition source. FR items will not provide significant protection from burns in the immediate area of high heat contact due to thermal transfer through the fabric and/or destruction of the fabric in the area of such exposure. FR items are designed for continuous wear as only a secondary level of protection. Primary protection is still required for work activities where direct or significant exposure to heat or open flame is likely to occur.
X. If any Goods supplied hereunder are Goods that: (1) Contractor does not stock for whatever reason (including due to style, color, size or brand or special order lockers); (2) consists of non- Contractor manufactured or customized FR Goods ; or (3) consists of Goods that have been permanently personalized (in all cases known as "Non- Standard Goods"), then, upon the discontinuance of any Service hereunder at any time for any reason, including expiration, termination, or cancellation of this Contract , with or without cause, deletion of any Non- Standard Goods from City’s Service Program, or due to employee reductions (in each case a “Discontinuance of Service”), City will purchase at the time of such Discontinuance of Service all affected Non-Standard Good items then in Contractor’s inventory (in-service, shelf, as well as any manufacturer’s supplies ordered for City’s use), paying for same the replacement charges then in effect.
IV. CITY REQUIREMENTS
A. City shall appoint a representative for each Delivery Order (DO), including a telephone number.
City shall establish clear communication protocols, including preferred methods of communication.
B. City shall ensure Contractor access to all City service locations and site facilities.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
ATTACHMENT B
PRICING, PAYMENT, AND COMPENSATION
1. Compensation: This is a fixed fee Contract between City and Contractor for Uniform Rental Services as set forth in Attachment A - Scope of Work.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment, Delivery Environmental, Fuel, Energy (DEFE), sales tax, and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of th e services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.
3. Contract not- to-exceed $350,000 annually.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
Brand Description
Item Code U/M Price
CROWD CONTROL
EDWARDS
Shirt, Rental Crowd Control: White Edwards Park Street Short Sleeve Oxford Button Down Shirt 60/40 Cotton/Poly
0211-07
EACH
$ 0.25
EDWARDS Pants, Rental Crowd Control: Gray Edwards Synergy Poly Dress Pant 6.2oz 10DW HP EACH $ 1.39 EDWARDS Vest, Rental Crowd Control: Maroon Edwards Texturised Woven Vest 2097-11 EACH $ 0.68
MAIDS & PORTERS
EDWARDS
Smock, Rental Maid & Porters: Blue With Black Lapels Edwards Zip Panel 100% Poly Smock
04DY-69
EACH
$ 0.70
UNIFIRST Pants, Rental Maid & Porters: Gray Softwill Plain Front Pant 7.75oz 65/35 Poly/Cotton 1002-02 EACH $ 0.29
UNIFIRST
Jacket, Rental Maid & Porters: Navy Blue Permalined Hip Jacket 7.5oz 65/35 Cotton/Poly
1527-05
EACH
$ 0.55
DUTY MANAGER
EDWARDS
Shirt, Rental Duty Manager: White Edwards Long Sleeve Oxford Button Down Shirt 60/40 Cotton/Poly
0111-03
EACH
$ 0.26
EDWRADS Pants, Rental Duty Manager: Gray Edwards Synergy Poly Dress Pant 6.2oz 10DW HP EACH $ 1.39 EDWARDS Coat, Rental Duty Manager: Navy Blue Edwards Suit Coat-Poly 2 Button Close 209D-HP EACH $ 3.01
PARKING
EDWARDS
Shirt, Rental Parking: White Edwards Park Street Short Sleeve Oxford Button Down Shirt 60/40
0211-07
EACH
$ 0.25
EDWARDS Pants, Rental Parking: Gray Edwards Synergy Poly Dress Pant 6.2oz 10DW HP EACH $ 1.39 EDWARDS Vest, Rental Parking: Blue Edwards Essential Polyester 2091-05 EACH $ 0.68 UNIFIRST Jacket, Rental Parking: Navy Blue Reflective 15EH-05 EACH $ 0.55
SECURITY
UNIFIRST Shirt, Rental Security: Gray Short Sleeve Security 35/65 Cotton/Poly Shirt 03PN-03 EACH $ 0.36 UNIFIRST Shirt, Rental Security: Gray Long Sleeve Security 35/65 Cotton/Poly Shirt 02PN-03 EACH $ 0.36 UNIFIRST Pants, Rental Security: Black 65% Poly / 35% Cotton Adjustable Waist Tactical Pants 7012-12 EACH $ 0.56
CLEANER SETUP
UNIFIRST
Shirt, Rental Cleaner Setup: Slate Checkmark Long Sleeve Soft Comfort Shirt 4.25oz 65/35 Poly/Cotton
0102-FN
EACH
$ 0.22
UNIFIRST
Pants, Rental Cleaner Setup: Navy Blue Softwill Plain Front Pant 7.75oz 65/35 Poly/Cotton
1002-02
EACH
$ 0.29
UNIFIRST Jacket, Rental Cleaner Setup: Navy Blue Permalined Hip Jackets 7.5oz 65/35 Cotton/Poly 1527-05 EACH $ 0.59
MAINTENANCE & STOREROOM
UNIFIRST
Shirt, Rental Maintenance & Storeroom: Light Blue Long Sleeve Soft Comfort Shirt 4.25oz 65/35 Poly/Cotton
0102-09
EACH
$ 0.22
UNIFIRST
Shirt, Rental Maintenance & Storeroom: Light Blue Short Sleeve Soft Comfort Shirt 4.25oz 65/35 Poly/Cotton
0202-09
EACH
$ 0.22
UNIFIRST
Pants, Rental Maintenance & Storeroom: Navy Blue Softwill Plain Front Pant 7.75oz 65/35 Poly/Cotton
1002-05
EACH
$ 0.29
UNIFIRST Coverall, Rental Maintenance & Storeroom: Navy Blue Coverall 100% Cotton 3001-02 EACH $ 0.58
UNIFIRST
Jacket, Rental Maintenance & Storeroom: Navy Blue Permalined Hip Jacket 7.5oz 65/35 Cotton/Poly
1527-05
EACH
$ 0.55
FIRE RESISTANT
UNIFIRST Shirt, Rental Flame Resistant: Navy Blue Armorex Flame Resistant Work Shirt 9oz Cat 2 09FR-03 EACH $ 0.48 UNIFIRST Pants, Rental Flame Resistant: Navy Blue Armorex Flame Resistant Work Pant 9oz Cat 2 10FR-05 EACH $ 0.52
UNIFIRST
Coverall, Rental Flame Resistant: Navy Blue Armorex Flame Resistant Coverall 9oz Cat 2
30FR-05
EACH
$ 0.88
Locker Rental: Locker with Sufficient Space to Accommodate the Supplied Uniforms (includes lock) 6 lockers/bank. Billed monthly.
Per Bank
$4.00
Preparation fee for rental uniform upgrade or exchange due to participant's change in size or before uniform wear and tear occurs.
EACH
$1.00
Logo patch: one time initial set up fee. LOT $60.00
Patch fee: between $5 and $9. The final price is contingent on the initial order quantity placed.
EACH
$5-$9
Contract Not to Exceed (NTE) $350,000/annually
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
4. MISCELLANEOUS CLAUSE: Contractor shall provide a quote for items not listed under Attachment A. Miscellaneous items not listed in the Contract, may be purchased off this Contract. Contractor will provide the City with a quote and process order once the City has authorized the order in writing and has issued a Delivery Order (DO).
Prices shall include all costs, but not limited to overhead, all necessary labor, transportation, freight, delivery and/or shipping/handling fees, fuel/fuel surcharges, mileage, storage, self -imposed fees and any other costs necessary to provide the item/s requested.
In addition to the commodity requirements and all other terms and conditions provided herein, Contractor shall satisfy the following billing/invoicing procedures for miscellaneous items not named specifically on this attachment. Failure to follow these procedures fully may delay payment of miscellaneous items.
A. An authorized City staff member will contact the Contractor to obtain a written quote for any items needed that are not listed above.
B. An authorized City staff must obtain a quote for items on the Contract if purchased in different quantities than listed on the Contract.
C. Contractor to include all charges in the quote including but not limited to; initial set-up fees and/or color matching fees, rush charges (if applicable) and shipping charges.
D. If the authorized City staff member finds the quote satisfactory, the authorized staff member will issue a DO with the quoted prices and send it to the Contractor. The Contractor under no circumstance shall release or deliver any miscellaneous items without a DO by an authorized City staff member, in their possession.
E. Contractor must attach with the invoice a copy of the quote and DO.
5. Firm Discount and Pricing Structure: Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.
6. Payment Terms: Payment will be net thirty (30) calendar days after receipt of an invoice in a format acceptable to the City. Invoices will be verified and approved by the City and subject to routine processing requirements. The responsibility for providing an acceptable invoice to the City for payment rests with Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to Contractor for correction.
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City for any monies paid to Contractor for goods or services not provided or when goods or services do not meet the Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
7. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
8. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Invoices must be submitted broken down by the department divisions as listed below. The DO requestor will provide the Contractor with the department division. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from the one above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract MA# 106-498356
g. Department Divisions:
a. Crowd Control
b. Event Services
c. Facility Maintenance
d. Facility Services
e. Parking
f. Security
h. Delivery Order (DO) Number
i. Date of order
j. Page Product/service description
k. Quantity of uniforms/product/service
l. Unit price
m. Total charge per employee
n. Sales tax, if applicable
o. Total
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
ATTACHMENT C
Sourcewell Contract Number # 011124-UFC between Sourcewell and UniFirst Corporation for Uniforms with Related Products and Services
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356
ATTACHMENT D
UniFirst Corporation dba Specialty Apparel Customer Service Agreement Terms
City of Anaheim – Convention Center
Uniforms with Related Products and Services
MA# 106-498356