HomeMy WebLinkAbout29-Police Department CITY OF SAN BER.NARDINO - REQUEST FOR COUNCIL A(Q
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From: Michael A. Billdt, Subject: Resolution of the Mayor and
Chief of Police Common Council of the City of San
Bernardino authorizing the Purchasing
Dept: Police Department Manager to issue an annual purchase
order to Galls, Inc. to provide employee
Date: November 21, 2007 uniforms during FY 2007-08 in an amount
not to exceed $50,000 with two renewals at
the City's option.
M/CC DATE: December 3, 2007
Synopsis of Previous Council Action
Resolution 2003-303 approved November 20,2003 authorizing a purchase order with Galls, Inc.
Resolution 2002-375 approved December 4, 2002 authorizing a purchase order with Galls, Inc.
Resolution 2001-309 approved October 3,2001 authorizing a purchase order with Galls, Inc.
Recommended Motion:
Adopt Resolution.
MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person: Captain Ted Henson Phone: 384-5609
Supporting data attached: Yes Staff Report/Resolution Ward: All
FUNDING REQUIREMENTS: Amount: $35,550
SOURCE: 001-223-5111 $5,550
001-224-5111 $30,000
Council Notes: Finance
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Agenda Item No.. oZZ 7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an
agreement and issuance of a Purchase Order to Galls, an ARAMARK, CO., LLC, to provide employee
uniforms during FY 2007-08 in an amount not to exceed$50,000 with two renewals at the City's option.
BACKGROUND
Each year the Police Department purchases a variety of uniforms for non-sworn personnel as well as police
officers assigned to specialized assignments who are required to wear uniforms outside of the traditional Class
"A" and `B" uniforms. Non-sworn positions include Dispatchers, Community Service Officers, Forensic
Technicians and Police Records Technicians. Specialized assignments for police officers include Motors,
Bicycle Mounted Enforcement Team (B-MET),Multiple Enforcement Team (SWAT), and Narcotics.
On April 25,2007, Request for Quote F-07-033 was mailed to (7)vendors and advertised on the City web
site,with the San Bernardino Chamber of Commerce and in the San Bernardino Sun newspaper. Galls,Inc.
of Riverside, California and Greenwoods Uniforms of San Bernardino, California were the only vendors that
submitted bid proposals.
Bid proposals received from both Galls and Greenwoods included a number of uniform components that
were marked `No Bid' or were not bid`As Specified'. As a result, on October 5,2007, a supplemental
questionnaire was faxed to both vendors requesting additional information on these items. Upon receipt of
the vendor responses a cost comparison matrix was developed using only those uniform components that
were bid`as specified'by both vendors to complete a fair review of the proposed bids. Quantities of each
uniform item were based on actual FY 2006-07 purchases.
Greenwoods Uniforms of San Bernardino received a 1%local vendor preference,however the result
summarized below shows that Galls, Inc. bid is approximately$2800 less than Greenwoods Uniforms. It
must be noted that bid totals represented in this matrix are substantially lower than actual annual expenditures
because the matrix does not include every uniform item. Actual expenditures in FY 2006-07 totaled$26,875.
FY 2007-08 UNIFORM BID GREENWOODS GALLS
Sub Total $19,629.10 $ 16,627.80
Local Vendor Preference -1% $ (196.29) -
BID TOTAL $ 19,432.81 $ 16,627.80
Uniform expenditures are projected to exceed$30,000 in FY 2007-08 due to the hiring of 17 sworn and 7
non-sworn employees and new contract pricing. The purchase order limit is established at$50,000 to create a
ceiling that is adequate to meet the uniform needs of the Police Department's "Combined Hiring Plan". This
plan adds a total of 50 positions to the Police Department's total authorized personnel over a three-year
period ending 2008-09.
Addendum#1 to the Bid specifications clarifies that the purchase order would not be split between two or
more vendors as this would require employees to drive to two separate locations (on their own time) to be
fitted for and later pick up uniforms. Additionally, splitting the purchase order would increase the time and
cost to administer the purchase orders (processing invoices, tracking uniform requests, etc.) for both the
Police and Finance departments. It is therefore recommended that the purchase order be awarded to one
vendor only.
Galls, Inc has provided the San Bernardino Police Department with employee uniforms since 2001. Based on
pricing and completeness of bid, the Police Department requests an annual purchase order to Galls, Inc of
Riverside California to provide employee uniforms during FY 2007-08 in an amount not to exceed$50,000
with two optional renewal years. The City has the option of renewing the contract with Galls Inc if satisfied
with the quality of apparel, customer service and pricing.
FINANCIAL IMPACT
The Police Department's FY 2007-08 approved General Fund budget includes a total of$35,550 for the
purchase of employee uniforms in the following accounts:
Amount Division Account Number
$ 5,550 Measure Z 001-223-5111
$30,000 Personnel&Training 001-224-5111
RECOMMENDATION
Adopt resolution.
1 RESOLUTION NO. COPY
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO GALLS, AN ARAMARK, CO., LLC TO
4 PROVIDE EMPLOYEE UNIFORMS DURING FY 2007-08 IN AN AMOUNT NOT TO
5 EXCEED $50,000 WITH TWO RENEWALS AT THE CITY'S OPTION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1: That the City Manager is authorized to execute on behalf of the City an
8
9 agreement between the City of San Bernardino and Galls, an ARAMARK, CO., LLC, a copy of
10 Which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length.
12 SECTION 2: The authorization to execute the agreement referenced as Exhibit "A" is
13
rescinded if not executed within (60) days of the date of passage of this resolution.
14
SECTION 3: That the Purchasing Manager is directed to issue a Purchase Order to
15
16 Galls, an ARAMARK, Co., LLC in an amount not to exceed $50,000 with two renewal years at
17 the City's option. The Purchase Order shall reference this Resolution No. 2007- and
18 shall read, employee uniforms, total not to exceed $50,000.
19 SECTION 4: The authorization to execute the above referenced Purchase Order is
20 rescinded if it is not issued within sixty(60) days of the passage of this resolution.
21
22
23
24
25
26
27
28 i /
ems"`
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO GALLS, AN ARAMARK, CO., LLC TO
3 PROVIDE EMPLOYEE UNIFORMS DURING FY 2007-08 IN AN AMOUNT NOT TO
4 EXCEED $50,000 WITH TWO RENEWALS AT THE CITY'S OPTION.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a meeting
7
thereof, held on the day of , 2007, by the following vote, to
8
9 wit:
10 Council Members Ayes Nays Abstain Absent
11 ESTRADA
12 BAXTER
13
BRINKER
14
DERRY
15
16 KELLEY
17 JOHNSON
18 McCAMMACK —
19
20 Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of , 2007•
22
23
24 Patrick J. Morris, Mavor
City of San Bernardino
25
26 Approved as to form:
27
28 es F. Penman, City Attorney
EXHIBIT "A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of December 2007,
by and between Galls an ARAMARK, CO., LLC, and the City of San Bernardino ("CITY" or
"San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for employee uniforms; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for employee uniforms.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on the Standard Guidelines,
attached hereto as Schedule `B" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amounts as set forth in Schedule `B".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year, with the option of two
single-year renewals on the terms and conditions specified herein, unless terminated by either
party, with forty-five (45) days' written notice. This Agreement may be terminated by either
1
party at any time upon forty-five (45) days' written notice. The terms of this Agreement shall
remain in force unless mutually amended.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers' compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
- termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES.
3
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: TO THE VENDOR:
Fred Wilson, City Manager Sally Valadez, Contracts Manager
City of San Bernardino Galls, an ARAMARK, Co., LLC
300 North "D" Street 2225 Kansas Ave
San Bernardino, CA 92418 Riverside, CA 92507
United States United States
Telephone: (909) 384-5122 Telephone: (951) 781-6389
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
4
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERADILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
5
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2007 GALLS, AN ARAMARK, CO., LLC
By:
Its:
a
Dated 52007 CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
6
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS GALLS
Price Total Price Total
Rain Coat
Full no bid $36.75
3/4 no bid no bid
short $23.95 $0.00 $19.50 $0.00
Sub Total $0.00 $0.00
Utility
Shirt 2 $42.00 $84.00 $41.60 $83.20
Trousers 2 $58.00 $116.00 $61.05 $122.10
Chevrons 4 $6.00 $24.00 $2.95 $11.80
Headgear 0 $7.00 $0.00 $12.25 $0.00
Sub Total $224.00 $217.10
NonSworn Women
shirt short sleeve-Flying Cross 118 $23.95 $2,826.10 $22.75 $2,684.50
shirt long sleeve-FI in Cross 22 $27.00 $594.00 $26.50 $583.00
Smock 0 no bid no bid
Sweater-mills 21 $40.00 no bid
Sweater-Jersey 0 no bid $15.45
Trouser-Horace 1589 90 $46.50 $4,185.00 $31.65 $2,848.50
Trouser-Horace postal no bid NAS
belt 35 $12.00 $420.00 $9.00 $315.00
skirt 2 $79.95 $159.90 $40.06 $80.12
Sub Total $8,185.00 $6,511.12
NonSworn Men
shirt short sleeve-Flying Cross 18 $20.50 $369.00 $20.65 $371.70
shirt ion sleeve-FI in Cross 17 $24.50 $416.50 $23.15 $393.55
Sweater-mills 0 $40.00 $0.00 $34.05 $0.00
Trouser Horace postal no bid NAS
Trouser-Horace 2187 61 NASF, $31.65
Tunic vest $34.50 $0.00 no bid
Sub total $785.50 $765.25
Chill-chaser Fecheimer 42151 15 $57.50 $862.50 $68.45 $1,026.75
Tuffy New generation 53609 20 NAS $68.05
Sub Total $862.50 T $1,026.75
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS LONG BEACH
Price Total Price Total
Black Polo 13 NASI NAS
Pant 1 $58.00 $61.05
Nomex Raid uniform $0.00 $0.00
Sub Total $0.00 $0.00
MET
Black Transcons 9 $139.00 1 $1,251.00 $132.85 $1,195.65
BDU Green 8 $51.90 $431.20 $24.45 $195.60
Sub Total $1,682.20 $1,391.25
TRAFFIC
Trouser-wool 4 $110.00 $440.00 $111.00 $444.00
Trouser-poly 18 $80.00 $1,440.00 $77.50 $1,395.00
Boot-daner 12 NAS $381.95
Sub Total $1,880.00 $1,839.00
MISCELLANEOUS
Metal name tag 27 $5.00 $135.00 $2.95 $79.65
Flag 181 $0.75 $135.75 $1.00 $181.00
cloth name tag 27 $0.00 $2.00 $54.00
badge tab 44 $5.00 $220.00 $0.00 $0.00
Police patch 453 $3.00 $1,359.00 $2.50 $1,132.50
Sub Total $1,849.75 $1,447.15
Total $19,571.10 $16,566.75
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS LONG BEACH
Price Total Price Total
ID/FORENSIC TECH
Forensic Spec shirt S/S 4 $26.95 $107.80 $24.45 $97.80
Forensic Spec shirt US 17 $0.00 $24.45 $415.65
Embroider name front 21 $8.00 $168.00 $2.00 $42.00
Emroider unit name back 23 $12.00 $276.00 $5.00 $115.00
Embroider star front 12 $8.00 $96.00 $5.00 $60.00
Forensic Spec slacks 25 $26.95 $673.75 $24.45 $611.25
Property/Evidence tech shirt 7 $8.80 $61.60 $8.95 $62.65
Property/Evidence tech pants 5 $15.50 $77.50 $17.95 $89.75
Badge tab 17 $5.00 $85.00 $0.00 $0.00
Belt 7 $12.00 $84.00 $12.95 $90.65
Jacket-Tuffy Fecheimer 58131 NAS $149.65
Jacket-Fecheimer windbreaker 42151 4 $73.00 $292.00 $68.45 $273.80
Sub total $1,921.65 $1,858.55
RANGE MASTER
Jumpsuit $26.50 $0.00 $27.35 $0.00
Shirt no bid $13.00
Pants no bid $16.45
Embroidery $5.00
Ball ca $7.00 $0.00 $8.95 $0.00
Sub total $0.00 $0.00
DISPATCH
Optional shirt 22 no bid no bid
Optional pant 25 $44.50 $1,112.50 $17.65 $441.25
skirt 0 no bid $40.65
belt 5 $12.00 $60.00 $15.35 $76.75
embroidery 25 $8.00 $200.00 $5.00 $125.00
Sub Total $1,372.50 $643.00
SUMMER UNIFORM
Short 0 NAS $32.65
Sub total $0.00 $0.00
BMET
S ortif short 4 $31.50 $126.00 $32.65 $130.60
polo w/bad e, atch, name, POLICE 8 $26.50 $212.00 $29.10 $232.80
Mocean Jacket 2 $116.00 $232.00 $156.25 $312.50
Avalanche pants 2 $119.00 $238.00 $95.84 $191.68
Magnum 3/4 boot 2 NASI I no bid
Sub total 1 $808.00 1 1 $867.58
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17`}' day of December 2007,
by and between Galls an ARAMARK, CO., LLC, and the City of San Bernardino ("CITY"or
"San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for employee uniforms; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for employee uniforms.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on the Standard Guidelines,
attached hereto as Schedule `B" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amounts as set forth in Schedule `B".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year, with the option of two
single-year renewals on the terms and conditions specified herein, unless terminated by either
party, with forty-five (45) days' written notice. This Agreement may be terminated by either
1
party at any time upon forty-five (45) days' written notice. The terms of this Agreement shall
remain in force unless mutually amended.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
ILk In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers' compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
2
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES.
3
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: TO THE VENDOR:
Fred Wilson, City Manager Sally Valadez, Contracts Manager
City of San Bernardino Galls, an ARAMARK, Co., LLC
300 North "D" Street 2225 Kansas Ave
San Bernardino, CA 92418 Riverside, CA 92507
United States United States
Telephone: (909) 384-5122 Telephone: (951) 781-6389
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
1
4
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
5
i
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2007 GALLS, AN ARAMARK, CO., LLC
By:
Its:
Dated 52007 CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By: GL,,
Ja F. Penman, City Attorney
6
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS GALLS
Price Total Price Total
Rain Coat
Full no bid $36.75
3/4 no bid no bid
short $23.95 $0.00 $19.50 $0.00
Sub Total $0.00 $0.00
UtilitY
Shirt 2 $42.00 $84.00 $41.60 $83.20
Trousers 2 $58.00 $116.00 $61.05 $122.10
Chevrons 4 $6.00 $24.00 $2.95 $11.80
Headgear 0 $7.00 $0.00 $12.25 $0.00
Sub Total $224.00 $217.10
NonSworn Women
shirt short sleeve-Flying Cross 118 $23.95 $2,826.10 $22.75 $2,684.50
shirt long sleeve-Flying Cross 22 $27.00 $594.00 $26.50 $583.00
Smock 0 no bid no bid
Sweater-mills 21 $40.00 no bid
Sweater-Jersey 0 no bid $15.45
Trouser-Horace 1589 90 $46.50 $4,185.00 $31.65 $2,848.50
Trouser-Horace postal no bid NAS
belt 35 $12.00 $420.00 $9.00 $315.00
skirt 2 $79.95 $159.90 $40.06 $80.12
Sub Total $8,185.00 $6,511.12
NonSworn Men
shirt short sleeve-Flying Cross 18 $20.50 $369.00 $20.65 $371.70
shirt long sleeve-Flying Cross 17 $24.50 $416.50 $23.15 $393.55
Sweater-mills 0 $40.00 $0.00 $34.05 $0.00
Trouser Horace postal no bid NAS
Trouser-Horace 2187 61 NAS $31.65
Tunic vest $34.50 $0.00 no bid
Sub total $785.50 1 $765.25
Chill-chaser Fecheimer 42151 15 $57.50 $862.5-o--T $68.45 $1,026.75
Tuffy New generation 53609 20 NAS $68.05
Sub Total $862.50 j $1,026.75
IL
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS LONG BEACH
Price Total Price Total
Black Polo 13 NASI NAS
Pant 1 $58.00 $61.05
Nomex Raid uniform $0.00 $0.00
Sub Total $0.00 $0.00
MET
Black Transcons 9 $139.00 $1,251.00 $132.85 $1,195.65
BDU Green 8 $53.90 $431.20 $24.45 $195.60
Sub Total $1,682.20 $1,391.25
TRAFFIC
Trouser-wool 4 $110.00 $440.00 $111.00 $444.00
Trouser-poly 18 $80.00 $1,440.00 $77.50 $1,395.00
Boot-daner 12 NAS $381.95
Sub Total $1,880.00 $1,839.00
MISCELLANEOUS
Metal name tag 27 $5.00 $135.00 $2.95 $79.65
Flag 181 $0.75 $135.75 $1.00 $181.00
cloth name tag 27 $0.00 $2.00 $54.00
badge tab 44 $5.00 $220.00 $0.00 $0.00
Police patch 453 $3.00 $1,359.00 $2.50 $1,132.50
Sub Total $1,849.75 $1,447.15
Total $19,571.10 $16,566.75
i
Schedule "B"
Employee Uniform
Bid Summary
CATEGORY QUANTITY GREENWOODS LONG BEACH
Price Total Price Total
ID/FORENSIC TECH
Forensic Spec shirt S/S 4 $26.95 $107.80 $24.45 $97.80
Forensic Spec shirt US 17 $0.00 $24.45 $415.65
Embroider name front 21 $8.00 $168.00 $2.00 $42.00
Emroider unit name back 23 $12.00 $276.00 $5.00 $115.00
Embroider star front 12 $8.00 $96.00 $5.00 $60.00
Forensic Spec slacks 25 $26.95 $673.75 $24.45 $611.25
Property/Evidence tech shirt 7 $8.80 $61.60 $8.95 $62.65
Property/Evidence tech pants 5 $15.50 $77.50 $17.95 $89.75
Badge tab 17 $5.00 $85.00 $0.00 $0.00
Belt 7 $12.00 $84.00 $12.95 $90.65
Jacket-Tuffy Fecheimer 58131 NAS $149.65
Jacket-Fecheimer windbreaker 42151 4 $73.00 $292.00 $68.45 $273.80
Sub total $1,921.65 $1,858.55
RANGE MASTER
Jumpsuit $26.50 $0.00 $27.35 $0.00
Shirt no bid $13.00
Pants no bid $16.45
Embroidery $5.00
Ball ca $7.00 $0.00 $8.95 $0.00
Sub total $0.00 $0.00
DISPATCH
Optional shirt 22 no bid no bid
Optional pant 25 $44.50 $1,112.50 $17.65 $441.25
skirt 0 no bid $40.65
belt 5 $12.00 $60.00 $15.35 $76.75
embroidery 25 $8.00 $200.00 $5.00 $125.00
Sub Total $1,372.50 $643.00
SUMMER UNIFORM
Short 0 NAS $32.65
Sub total $0.00 $0.00
BMET
S ortif short 4 $31.50 $126.00 $32.65 $130.60
polo w/bad e, atch, name, POLICE 8 $26.50 $212.00 $29.10 $232.80
Mocean Jacket 2 $116.00 $232.00 $156.25 $312.50
Avalanche pants 2 $119.00 $238.00 $95.84 $191.68
Magnum 3/4 boot 2 NASI no bid
Sub total $808.00 $867.58