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Home My WebLink About2007-490 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-490 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: That the City Manager is authorized to execute on behalf of the City an agreement between the City of San Bernardino and Galls, an AR.AMARK. CO., LLC, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2: The authorization to execute the agreement referenced as Exhibit "A" is rescinded ifnot executed within (60) days of the date of passage of this resolution. SECTION 3: That the Purchasing Manager is directed to issue a Purchase Order to Galls, an ARAMARK, Co., LLC in an amount not to exceed $50,000 with two renewal years at the City's option. The Purchase Order shall reference this Resolution No. 2007-190 and shall read, employee uniforms, total not to exceed $50,000. SECTION 4: The authorization to execute the above referenced Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III 1/1 1/1 11/ III III , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .' 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17 th day of December , 2007, by the following vote, to wit: Council Members Aves Navs Abstain Absent ESTRADA --1L- BAXTER x BRINKER x DERRY x KELLEY x JOHNSON ~ McCAMMACK x a~k. C1~ Rachel G. Clark, City Clerk crr~ The foregoing resolution is hereby approved this JL day of December ,2007. Approved as to form: .~ es F. Penman, City Attorney 2007-490 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 I 2007-490 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 2 2007-490 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 2007-490 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 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 United States Telephone: (909) 384-5122 Sally Valadez, Contracts Manager Galls, an ARAMARK, Co., LLC 2225 Kansas Ave Riverside, CA 92507 United States 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 assignnIent, 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 assignnIent shall release VENDOR 4 2007-490 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 detem1ination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any 5 2007-490 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 se Dated: ,2007 Dated~, 2007 Approved as to Form: GALLS, By: Its: , CO., LLC By: 6 2007-490 Schedule "B" Employee Uniform Bid Summary CATEGORY QUANTITY GREENWOODS GALLS Plice "'olaf Plice 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 Utilitv 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 lona sleeve-Flvina 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 "otal $8,185.00 $6,511.12 NonSworn Men shirt short sleeve-Flvina Cross 18 $20.50 $369.00 $20.65 $371.70 shirt lona sleeve-Flvina Cross 17 $24.50 $416.50 $23.15 $393.55 Sweater-mills 0 $40.00 $0.00 $34.05 $0.00 Tunic vest . . $34.50 $0.00 no bid . Sub total I I $785.50 I I $765.25 Chill-chaser Fecheimer 42151 15 $57.50 $862.50 $68.45 $1,026.75 Tufty New generation 53609 20 NAS $68.05 Sub Total $862.50 $1,026.75 2007-490 Schedule "B" Employee Uniform Bid Summary CATEG.ORY QUANTITY GREENWOODS L.ONG,BEACH PAce total Elnce Total Black Polo 13 NAS 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 BOU 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 -Dolv - 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 tarJ 27 $5.00 $135.00 $2.95 $79.65 Flaa 181 $0.75 $135.75 $1.00 $181.00 cloth name taa 27 $0.00 $2.00 $54.00 badOe tab 44 $5.00 $220.00 $0.00 $0.00 Police Datch 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 '.' ,. 2007-490 Schedule "B" Employee Uniform Bid Summary CATEGORY ClUANTITY GREENWOODS LONG BEACH Price TotEd FIlice Total ID/FORENSIC TECH 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 SOec slacks 25 $26.95 $673.75 $24.45 $611.25 ProDertv/Evidence tech shirt 7 $8.80 $61.60 $8.95 $62.65 ProDertv/Evidence tech Dants 5 $15.50 $77.50 $17.95 $89.75 Badne tab 17 $5.00 $85.00 $0.00 $0.00 Belt 7 $12.00 $84.00 $12.95 $90.65 JackeHuffV 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 JumDsuit $26.50 $0.00 $27.35 $0.00 Shirt no bid $13.00 Pants no bid $16.45 Embroiderv $5.00 Ball caD $7.00 $0.00 $8.95 $0.00 Sub total $0.00 $0.00 DISPATCH OOtionalnant 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 SDortif short 4 $31.50 $126.00 $32.65 $130.60 nolo w/badne,Datch, name, POLICE 8 $26.50 $212.00 $29.10 $232.80 Mocean Jacket 2 $116.00 $232.00 $156.25 $312.50 Avalanche nants 2 $119.00 $238.00 $95.84 $191.68 Maanum 3/4 boot 2 NAS no bid Sub total $808.00 $867.58 i