Contract for Services with SB854 Page 1 of 14
Rev. 4/26
1 3
6 6
2 AGREEMENT WITH ALSCO UNIFORMS
FOR UNIFORM LAUNDRY SERVICES
FOR
PARKS AND RECREATION AND PUBLIC WORKS DEPARTMENTS
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and ALSCO UNIFORMS, a corporation ("CONTRACTOR"), whose address is 1575 Indiana Street, San Francisco, CA 94107.
RECITALS:
A. CITY desires certain uniform laundry services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these uniform laundry services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
Contract for Services with SB854 Page 2 of 14
Rev. 4/26
1 3
6 6
2 SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on August 1, 2026, and be completed on July 31, 2029.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount not to exceed $300,000, a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
Contract for Services with SB854 Page 3 of 14
Rev. 4/26
1 3
6 6
2 SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, volunteers, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, volunteers, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
Contract for Services with SB854 Page 4 of 14
Rev. 4/26
1 3
6 6
2 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
Contract for Services with SB854 Page 5 of 14
Rev. 4/26
1 3
6 6
2 SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Matt Fabry
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Alsco Uniforms
Attn: Kimberly Stridbeck
1575 Indiana Street
San Francisco, CA 94107
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
Contract for Services with SB854 Page 5 of 14
Rev. 4/26
1 3
6 6
2 Contract for Services with SB854 Page 6 of 14
Rev. 4/26
1 3
6 6
2 IN WITNESS WHEREOF, CITY OF SAN MATEO and ALSCO UNIFORMS have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Oscar Curiel
Its Authorized Agent
General Manager
If a Corporation, can be either
1) President or 2) Vice
President plus an additional
corporate officer (i.e.,
Secretary, Treasurer) who shall
sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
Contract for Services with SB854 Page 6 of 14
Rev. 4/26
1 3
6 6
2 Contract for Services with SB854 Page 7 of 14
Rev. 4/26
1 3
6 6
2 EXHIBIT A
SCOPE OF SERVICES
A. General
1. Provide necessary items including, as required herein, but not limited to furnishing shirts, pants, coveralls, lab coats, emblems, red shop towels, floor mats; measuring, fitting, hemming, taking in and letting out, adjusting, stitching, sewing, and repairing uniforms; laundering, stain-removing, pressing, inventorying, delivering, picking up, and replacing uniforms and other associated facility items.
2. Provide on-time services to each specified City location.
3. Uniform Quantities:
a) Wastewater Treatment Plant Lab Analysts (4 sets): up to 11 pants/11 lab coats each; total of 44 uniform sets. (80/20 blend construction) b) Wastewater Treatment Plant Lab Supervisor (1 set): up to 5 lab coats; total of 5 uniforms. (80/20 blend construction)
c) Wastewater Treatment Plant Operations/Maintenance (36 sets): up to 11 pants and 11 shirts each; total of 396 uniform sets. (80/20 blend construction) d) Corp Yard Operations/Maintenance (44 sets): up to 11 pants and 11 shirts each; total of 484 uniforms sets. (80/20 blend construction)
e) Parks and Golf Landscape Maintenance (25 sets): up to 11 pants and 11 shirts each; total of 275 uniform sets.
4. Floor Mat Quantities:
a) (18) 3’x5’
b) (6) 4’x6’
c) (2) 2’x6’
d) (1) 3’x10’
5. Shop Towel Quantities: Provide 13 bags (of 50 each; total of 650) 18x18 shop towels.
6. Provide a locker bank with 23 slots in the Wastewater Treatment Plant Maintenance Building for clean uniform delivery of Operations and Maintenance personnel.
7. Provide sample City emblems and name emblems within 7 calendar days after award for City review.
8. Take accurate fitting measurements within 7 calendar days after award and within 7 calendar days after receipt of notification for any new measurements.
9. Furnish new pants, shirts, coveralls, and lab coats for starting inventory, within 30 calendar days after fitting measurements have been taken.
10. Make necessary alterations of uniforms within 7 calendar days after furnishing the uniforms.
11. Furnish the shop towels and floor mats within 30 calendar days after award.
12. Provide cleaned uniforms, mats and cleaned shop towels weekly, Tuesdays preferred.
13. Replace all irreparably damaged, permanently stained, worn out uniforms, lab coats, shop towels, and floor mats with all new ones within 7 calendar days of pick-up.
B. Proper Fit
Contract for Services with SB854 Page 8 of 14
Rev. 4/26
1 3
6 6
2 1. Measure each City employee individually to assure that the to-be-provided uniforms fit properly.
2. Check with each City employee individually to assure that the uniforms provided fit properly; make all necessary alterations to the uniforms.
3. Make, after the initial acceptance of the uniforms fitting properly, necessary alterations or supply new uniforms for employees whose uniforms no longer fit properly; note that additional charges may apply for alterations and for prorated uniform costs.
C. Garment Quality
1. Uniform material will be of a treated soil-release fabric that repels dirt and stains before they are set permanently.
2. The City prefers the Uniform Service Company selected to produce its own line of uniforms, to better guarantee the quality and control of the supplied items.
3. Uniform types and fabrics to be provided include, but are not limited to: 100% cotton; cotton/poly blend; fire retardant; coveralls; cargo pants; women’s pants/shirts; and lab coats.
4. Shirts are to be fully cut, and pants must meet the durability requirements of work pants with the comfort and detail of casual retail pants.
5. Uniforms should be made of brushed fabric to improve the soft feel and drape of the garment and provide some flex in the garments that move with the employee.
6. Uniform service company must carry women’s clothing and must have more than 1 option for women’s pants. Sizing men’s pants for female employees is not acceptable.
7. All garments provided must be of industrial quality and designed for the industrial garment rental industry.
8. All garments provided must be carried in inventory by the Uniform Service Provider.
Outside purchasing non-stock items to meet the specifications of this scope of work is not permitted.
D. Startup Inventory
1. Furnish startup inventory consists of new uniforms as follows:
a) Provide requested number of uniform articles per employee. b) Provide a one-week amount of shop towels plus a one-week startup quantity. c) Provide (18) 3x5, (1) 3x10, (6) 4x6, and (2) 2x6 floor mats.
2. New employees must be furnished with startup inventory of new uniforms within 7 days of request.
3. Additional charges will not apply for proper fit but may apply for prorated uniform costs.
E. Garment Control Identification
1. Provide garment control identification for each uniform item.
2. Provide individual tracking for each uniform item.
Contract for Services with SB854 Page 9 of 14
Rev. 4/26
1 3
6 6
2 3. Provide an inventory control system that includes a four-count check system.
4. Provide, to each Representative each delivery, a uniform log with each garment control identification, employee name, division, location, date uniform was placed into service, and service record of pick-up, delivery, and repairs.
5. Ensure that the garment control identification permits uniforms to be grouped together by each employee and are deliverable to the correct location.
F. Pick-Up
1.Pick up all to-be-laundered uniforms once a week from:
Wastewater Treatment Plant (2050 Detroit Dr)
oMaintenance Building Locker Room
oMen’s and Women’s Locker Rooms (Lab Staff)
oOld Admin Building
oNew Admin Building
Corp Yard Streets & Sewer (1949 Pacific Blvd)
Golf Course (1201 E Poplar Ave)
Parks and Recreation (2001 Pacific Blvd)
2.Pick up all to-be-laundered shop towels once a week from:
Golf Course (1201 E Poplar Ave)
Parks and Recreation (2001 Pacific Blvd)
3. Pick up all to-be-laundered floor mats once a week from:
Wastewater Treatment Plant (2050 Detroit Dr)
oMaintenance Building Locker Room
oMen’s and Women’s Locker Rooms (Lab Staff)
oOld Admin Building
oNew Admin Building
Corp Yard Streets & Sewer (1949 Pacific Blvd)
Golf Course (1201 E Poplar Ave)
Parks and Recreation (2001 Pacific Blvd)
4. Submit a numbered pick-up list of items picked up to the City Representative at each site.
5. Review the pick-up list with the City Representative; revise as necessary.
6. Obtain the signature of the City Representative on the finalized pick-up list which concurs with the exact number of items being picked up.
7. Provide a copy of the pick-up list to the City Representative at each location and retain a copy for the Uniform Service Provider’s records.
8. Pick-up sites are listed in the table below:
Address City Facility
1201 E. Poplar Ave. San Mateo, CA 94401 Golf Course
2050 Detroit Dr. San Mateo, CA 94404 Wastewater Treatment Plant (4 locations)
2001 Pacific Blvd. San Mateo, CA 94403 Parks and Recreation 1949 Pacific Blvd. San Mateo, CA 94403 Corp Yard Streets/Sewer Contract for Services with SB854 Page 10 of 14
Rev. 4/26
1 3
6 6
2 G. Cleaning
1. Clean all picked up uniforms, shop towels, and floor mats.
2. Ensure that all spots and stains are removed.
3. Use, whenever possible, “Green” cleaning agents and never use cleaning agents that are potentially hazardous or harmful to health, property, environment, or finishes of any items being serviced.
4. Laundering process must use multiple rinse processes to ensure the removal of all detergent.
5. Uniforms must be finished with Live Steam at 280 degrees Fahrenheit to remove wrinkles and destroy bacteria.
F. Repairing
1. Make repairs to all uniforms as required.
2. Such repairs are for sewing and stitching of uniform seams or patches and replacement of buttons.
3. Uniform Service Provider must have an automated repair/upgrade identification system at the laundering plant.
H. Pressing
1. Uniforms must be finished with Live Steam at 280 degrees Fahrenheit to remove wrinkles and destroy bacteria.
2. If further wrinkle removal is necessary, utilize pressing or form finishing (after live steam) as appropriate for uniform material.
3. Ensure that all delivered uniforms are wrinkle-free; City may reject or not pay for any uniforms delivered with wrinkles.
I. Replacing
1. Replace uniforms that are worn out, dingy in color from cleanings, damaged beyond repair, permanently visibly stained or do not meet the City of San Mateo standards.
2. Such replacement uniforms for those that are worn out or dingy in color from cleanings will be at Uniform Service Provider’s sole expense.
3. Such uniforms for those that are damaged beyond repair, or permanently visibly stained will be at the prorated uniform cost.
I. Delivering
1. Provide hangers, and if necessary, plastic bags for all uniforms to be delivered to ensure that the uniforms are dry, clean, wrinkle-free, and ready to wear.
2. Deliver the exact number of cleaned, pressed, and repaired uniforms, new uniforms, cleaned towels and cleaned floor mats, as were picked up the week prior.
Contract for Services with SB854 Page 11 of 14
Rev. 4/26
1 3
6 6
2 3. Ensure that the delivered uniforms are grouped together by each employee and delivered to the correct location according to the garment control identification.
4. Review the delivery list (which should match the pick-up list for the prior week), with the City Representative; revise as necessary.
5. Obtain the signature of the City Representative on the finalized delivery list concurring the exact number of items being delivered.
6. Provide a copy of the delivery list to the City Representative and retain a copy for Uniform Service Provider’s records.
7. Note that only the exact number of uniforms, towels, and floor mats that were actually laundered, cleaned, repaired, replaced, furnished as new, wrinkle-free, and grouped and delivered to the correct location are billable. No Exceptions.
J. Rejecting
Note: A City Representative may reject if, in the sole opinion of the City Representative, any items that do not meet the requirements herein.
1. Reload rejected items immediately on the same delivery vehicle as they were originally being delivered if such rejection was noted by City Representative at the time of delivery.
2. Pick up rejected items within 5 business days if such rejection was discovered by City after delivery was made.
3. Restore to acceptable state or replace, as necessary, rejected items within 5 business days after the rejection was made, at Uniform Service Provider’s sole expense.
K. Terminating
Note: A City Representative will provide garment control identifications for uniform service that is to be terminated (normally, for employees who are no longer with the division or unit).
1. Cease, immediately, pick-up and delivery service for terminated uniform service.
2. The Uniform Service Provider’s representatives will have an onsite mobile device to make sure that any terminated employees are removed so that the following week they will no longer show up on the invoice.
3. Any uniform service terminated are subject to prorated costs.
Contract for Services with SB854 Page 12 of 14
Rev. 4/26
1 3
6 6
2 EXHIBIT B
PAYMENT RATES
Contract for Services with SB854 Page 12 of 14
Rev. 4/26
1 3
6 6
2 Contract for Services with SB854 Page 13 of 14
Rev. 4/26
1 3
6 6
2 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, volunteers, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, volunteers, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, volunteers, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Contract for Services with SB854 Page 14 of 14
Rev. 4/26
1 3
6 6
2 Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.