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HomeMy WebLinkAboutCity Council Agenda Item No.20REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TOM EVANS INTERIM CITY MANAGER DATE: NOVEMBER 13, 2012 SUBJECT: AWARD UNIFORM RENTAL SERVICE AGREEMENT Recommendation Staff recommends that the City Council authorize the Mayor to award the Uniform Rental Service Contract to Prudential Overall Supply. Background The current Uniform Service Agreement was awarded by City Council on October 11 of 2011 and expired on October 11, 2012 renewable up to two (2) years. There are twenty field employees including staff from Public Works, Parks, and Lakes Departments that are supplied uniforms and cleaning services. Each employee is provided eleven sets of uniforms; one set includes a shirt and a pair of trousers. The standard uniform cleaning service agreement in our current contract is billed per week and is as follows: Pants, shirts, shop towels and mats — From $114.50 per week. $ 5,594.00 per year To $156.10 per week. $ 8,112.00 per year Discussion Staff has requested three (3) proposals from qualified uniform cleaning companies. The three uniform companies along with their bids are as follows: 1. Prudential Overall Supply $ 140.58 per week. $ 7,310.16 per year 2. G & K Services $ 179.32 per week. $ 9,324.64 per year 3. Ameripride Services Chose not to submit. Results from the proposals indicate Prudential Overall Supply to have the most effective cost to the City. This is a long standing business with reputableAr@tYMAPKEM NO. 20 Page 1 of 27 Award Uniform Rental Service Agreement November 13, 2012 Page 2 Fiscal Impact The total Uniform budget for Public Works, Parks, and Lakes Departments will be $ 7,310.16 per year. Prudential Overall Supply proposal: $ 140.58 per week $ 7,310.16 per year There will be an annual savings of approximately $ 801.84 from our current uniform service provider. Prepared by: Chris Erickson Senior Weed Abatement Lead Worker Ken Seumalo Public works Director / Approved by: Tom Evans " Interim City ariage Page 2 of 27 AGREEMENT FOR SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of the 13th day of November 2012, by and between the City of Lake Elsinore, a municipal corporation ("City ") and Prudential Overall Supply ( "Vendor "). RECITALS A. Vendor is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Vendor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Vendor to render Employee Uniform services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance The services of Vendor are to commence upon execution of this Agreement and shall continue for a period of one (1) year. The agreement may be extended for an additional two years for a total service period of three years at the option of the City. 3. Compensation Compensation to be paid to Vendor shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Vendor's compensation exceed $ 7.310.16 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment Vendor shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed. The City shall pay Vendor no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, "Extra Work" means any work which is not listed in the RFP Scope of Services or in the Vendors proposal, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Page 3 of 27 6. Termination This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Vendor shall be entitled to compensation for services performed up to the effective date of termination. Consultant's Books and Records a. Vendor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Vendor to this Agreement. b. Vendor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Vendor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Vendor, Vendor's representatives, or Vendor's successor -in- interest. 9. Independent Contractor It is understood that Vendor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Vendor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Vendor hereby expressly waives any claim it may have to any such rights. 10. Interests of Vendor. Vendor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Vendor's services hereunder. Vendor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 of 27 Vendor is not a designated employee within the meaning of the Political Reform Act because Vendor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant City has relied u ability of Vendor to perform the services hereunder as a mat Agreement. Vendor shall therefore provide properly sF personnel to perform all services under this Agreement. All this Agreement shall be in accordance with applicable legal standard of quality ordinarily to be expected of competent expertise. ion the professional training and erial inducement to enter into this .illed professional and technical work performed by Vendor under requirements and shall meet the professionals in Vendor's field of 12. Compliance with Laws Vendor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses Vendor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Vendor to practice its profession. Vendor represents and warrants to City that Vendor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Vendor to practice its profession. 14. Indemnity Vendor agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements a. Insurance Vendor, at Vendor's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Vendor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, Page 5 of 27 employees and volunteers for losses arising from work performed by Vendor for City. In the event that Vendor is exempt from Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii. General Liability Coverage Vendor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage Vendor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. b. Endorsements Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best's rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Page 6 of 27 C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self - insured retentions. d. Certificates of Insurance Vendor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Prudential Overall Supply 6997 Jurupa Avenue Riverside, CA 92504 17. Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the City and Vendor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of the City. Vendor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 7 of 27 21. Severabilitv If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 28. Equal Opportunity Employment Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Page 9 of 27 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: VENDOR: Al - -EST: City Clerk APPROVED AS TO FORM: City Attorney Page 9 of 27 Attachment "B" CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE Page 10 of 27 CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this day of , 201 _at California. Consultant Page I 1 of 27 REQUEST FOR PROPOSAL EMPLOYEE UNIFORM PROGRAM FY 13 INVITATION You are hereby invited to submit a Proposal for the Employee Uniform Program. The Employee Uniform Program provides the Cities Public Works Department, Lakes Department Maintenance, and Parks Department Maintenance employees with two sets of uniforms and towel rental and cleaning for the City's auto shop. Three (3) copies (one copy shall be unbound and paper clipped) of your Proposal which shall include one (1) cost proposal in a separate marked (cost Proposal) sealed envelope shall be submitted no later than 3:00 p.m. on Thursday, October 11, 2012 addressed to City of Lake Elsinore, Public Works Division, 521 N. Langstaff, Lake Elsinore, California 92530 Attention Rick DeSantiago, Public Works Superintendent. The unbound copy of the proposal is to have no tabs, holes, perforation, or cardboard inserts, and be suitable for copying with an automatic -feed copy machine. GENERAL DESCRIPTION The scope of services, resulting from the requested RFP will be new uniforms (initially) with replacement or repairs to uniforms as required due waring or damage. The Employee Uniform Program provides the Cities Public Works Department, Lakes Department Maintenance, and Parks Department Maintenance employees approximately twenty (21) employees with two sets of uniforms. Towel rental and cleaning will be for the City's auto shop approximately 125 towels weekly or in the quantity requested by the City. The employee uniforms and towels shall be cleaned weekly and picked up at locations determined by the City. PROJECT BUDGET The City of Lake Elsinore will fund the Employee Uniform Program with General Fund. The Employee Uniform Program budget is $6,000 and the Employee Uniform Program schedule is as follows: RFP Available Last Date for Addendum Proposal Due Date Selection Interviews Award of Contract September 17, 2012 September 27, 2012 October 11, 2012 October 15, 2011 October 23, 201 Page 12 of 27 IV. SCOPE OF SERVICES UNIFORM AND TOWEL SERVICE Number of Uniforms 1. Initially provide Twenty (21) employees with eleven (11) uniform sets each. a. Uniform set equals one pant and one shirt. 2. Public Works Maintenance Staff a. Furnish eleven (11) Public Works Maintenance Staff with new uniforms b. Uniform pants will consist of dark blue Dickies or comparable pants approved by the City c. Uniform Shirts will consist of a light blue industrial front button shirts. d. Shirts shall have placards front, sleeves and pockets. e. Furnish three (3) Public Works employees with five (5) Polo shirts. f. Furnish one (1) Public Works employee with eleven (11) Polo shirts. 3. Lakes Department Maintenance Staff a. Furnish four (5) Lakes Department Maintenance Staff with new uniforms b. Uniform pants will consist of dark blue Dickies or comparable pants approved by the City c. Uniform Shirts will consist of a light blue industrial front button shirts. d. Shirts shall have placards front, sleeves and pockets. e. Furnish one (1) employee with five (5) Polo shirts. 4. Parks Department Maintenance Staff a. Furnish four (5) Parks Department Maintenance Staff with new uniforms b. Uniform pants will consist of dark blue Dickies or comparable pants approved by the City c. Uniform Shirts will consist of a light blue industrial front button shirts. d. Shirts shall have placards front, sleeves and pockets. e. Furnish one (1) employee with (5) Polo shirts. 5. Each week the employee will return to Vendor five (5) sets of soiled uniforms and the Vendor will return to each employee five (5) sets of cleaned uniforms. 6. The pricing per uniform set will include any combinations of long and /or short sleeved shirts and pants or shorts as selected by each employee. 7. Short work pants standard; work pants may be exchanged for short work pants of the same quality and color Dickies or comparable. 8. Uniform will match, in color and design, those presently in use by the City. 9. Initial uniforms provided by Vendor will be new. If employees are added during the term of this agreement, they also will initially 10. Receive eleven (11) sets of new uniforms fit properly. Page 13 of 27 11. Vendor will be responsible for repairing and /or replacing uniforms during the term of this agreement as they become worn or damaged. Weekly cleaning /rental fee will include all necessary insurance pertaining to repair and /or replacement of uniforms as needed, during the term of the agreement. Replacement will be new shirt and /or pants. 12. Any pants or shirts that are damaged beyond repair or are no longer serviceable, at the City's sole discretion, will be replaced with a new shirt or pants. WEEKLY FEE / UNIT PRICE The weekly fee or unit price shall include the following: a. The weekly rental of each item, as well as the total cleaning, pickup and delivery costs for the item. b. Prices shall be the only fees Vendor charges for services. c. Weekly delivery of clean and picked up of soiled uniforms at one City facility. The City will select the facility and may change location during the term of this agreement. d. Weekly delivery of clean and picked up of soiled towels at one City facility. The City will select the facility and may change location during the term of this agreement. e. Provide a separate laundry bag (s) for uniforms, which are in need of repair. f. Price includes all nametags and City logo (Patch) emblems to match existing. g. The repair or replacement of any damaged item (s). h. The weekly fee includes all setup fees; including both initial setup fees and /or a subsequent setup fee as additional employees are added to staff. i. Towels provided by Vendor will be for the Auto Shop use and the estimated weekly quantity is 125. j. Shop floor mats and front office floor mats quantity of (7) total to be changed weekly. k. Provide separate invoicing for each account and /or location as directed by the City. Initially there will be seven (7) weekly invoices SCOPE OF SERVICES DELIVERY LOCATION No. EMPLOYEES WEEKLY QTY. ITEMS 521 N. Langstaff Public Works Yard 21 100 Uniform Sets Dark Blue Pants Light Blue Shirts 1. A uniform equals one (1) shirt and one (1) pant. Each worker receives five (5) uniform sets per week, which equals five (5) shirts and five (5) pants per employee per week. For example: Thirty (30) uniform sets are comprised of thirty (30) pants and thirty (30) shirts. 2. The City, from time to time, may adjust the number of services required from the Vendor. Also, delivery locations may be changed or increased. The unit prices provided will be used to adjust the total weekly costs, as services are increased or decreased. 3. Vendor shall provide the City with a minimum of two (2) contact telephone numbers that can be called by the City when emergency maintenance conditions occur. Contractor shall provide a minimum of one -hour personnel response time upon notification. 4. Vendor shall require each of its employees and subcontractors to adhere to basic City Standards of working attire which shall include basic uniforms, proper shoes and other Page 14 of 27 equipment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in. 5. Vendor shall display the organization or firm name on all of its vehicles. Such display shall be legible from a distance to one - hundred (100). In addition, Vendor shall at its sole cost and expense, display directly below the organization or firm name, a magnetic sticker with the following message: "Under contract with City of Lake Elsinore." A sample of which shall be provided by the City. V. GENERAL INFORMATION Selection Process Vendors interested in being considered must submit proposals in compliance with this RFP. Based on evaluation of the submitted proposals, a selection committee will review the proposal submitted. The selection committee will conduct interviews from the top - ranked firms. A short list of three (3) top ranked /qualified firms will be established. Upon completion of the evaluation, firms will be ranked and negotiations will be initiated with the highest ranked firm. The content of your proposal will become an integral part of the contract documents. If for any reason a contract cannot be negotiated with the selected firm, the next ranked firm will be selected from the Vendor ranking list for negotiations. Selection Criteria The basis for selection of prospective vendor shall include experience, uniform quality, understanding of the services to be performed and the proposal approach, demonstrated competence in the services to be provided. Any contract to be awarded as a result of the RFP will be awarded without discrimination based on race, color, religion, sex or national origin. Funding Funding for this project is from the General Fund: The Contract may be extended for an additional two (2) years at the option of the City. VI. VENDORS PROPOSAL AND COMPENSATION The Vendor Proposal shall be no more than 20 pages, excluding a cover letter of up to two pages, dividers, and certificates. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. The Vendors Proposal shall include the following: A. A statement that this RFP shall be incorporated in its entirety as a part of the Vendors Piupusal. B. A statement that this RFP and the Vendors Proposal will jointly become part of the Agreement for Services for the Employee Uniform Program when said Agreement is fully executed by the Vendor and the Mayor or City Manager of Lake Elsinore. Page 15 of 27 C. A statement that the Vendors Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Vendors Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Vendors Proposal is contingent and which shall take precedent over this RFP. E. A listing of recent similar services completed or currently under contract including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. F. A statement that the Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. G. A statement that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to. H. A statement that the Vendor shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this service. All relevant records shall be retained for at least three years. A statement that the Vendor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC 276 -a through a -7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled "Federal Labor Standards Provisions," Federal Prevailing Wage Decision" and State of California prevailing wage rates, respectively. J. A statement that the Vendor shall comply with the Copeland Anti - Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof. K. A statement that the Vendor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Vendor, without further acknowledgment by the parties. L. Complete Disclosure of Lobbying Activities (Form LLL — see attached) Page 16 of 27 VII. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES A. The Vendor shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. VIII. FEDERAL EMPLOYEE BENEFIT No member of, or delegate to, the Congress of the United States, and no Resident Commissioner shall be admitted to any share or part of the Agreement to the said project or to any benefit to arise from the same. The Vendor shall complete and include the "Certification for Contracts, Grants, Loans, and Cooperative Agreements' and "Disclosure of Lobbying Activities' forms with the Proposal. IX. PAYMENT TO CONSULTANT A. This work is to be performed for a "Fixed Fee." based upon the unit fee per uniform set and towel cleaning as shown in this RFP. B. The Vendor shall provide a "Payment Schedule" indicating the fee for individual tasks with a "Fixed Fee' per task which shall be the sum of all tasks. C. Tasks shall include, but not be limited to the tasks as described in the "Scope of Services ", necessary to complete the scope of services covered by this Proposal. D. The City will pay the Vendor for services completed as identified in the Payment Schedule. E. Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title; the number of uniform sets cleaned and serviced the number of towels cleaned, new uniform sets if any and the costs incurred by each task. F. Sub - categorization of tasks is permitted to better define the task for payment. G. Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the "Fixed Fee." based upon the unit fee per uniform set and towel cleaning as shown in this RFP H. All tasks shall have supporting documentation presented at the time payment is requested. The City will pay the Vendor for all acceptable services rendered in accordance with the "Agreement for Services." J. Page 17 of 27 IX. INSURANCE A. The Vendor shall have Public Liability and Property Damage Insurance in the amounts as follows: GENERAL LIABILITY Bodily Injury $1,000,000 per occurrence Property Damage $ 500,000 per occurrence A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the above minimum limits. B. The Vendor shall have Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment in the amount of not less than $1,000,000. C. The Vendor shall have Workers' Compensation Insurance in the amounts as will fully comply with the laws of the State of California. D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: "Solely as respect to services done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, its officers, employees and agents are included as additional insured under this general liability policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, the Redevelopment Agency of the City of Lake Elsinore, its officers and employees and agents, under any third party liability policy." E. Insurance companies providing insurance hereunder shall be rated (A minus: VII - Admitted) or better in AM Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the above insurance coverage shall not be amended to reduce the above required insurance limits and coverage's nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the Agency, except that cancellation for non- payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Consultant shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amount established. Page 18 of 27 XI. INDEMNIFICATION A. The Vendor agrees to indemnify, defend, and save the City, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Vendors employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of the Vendor under this Agreement, or are caused or claim to be caused by the negligent acts of the Vendor, its officers, agents or employees, or its subconsultant(s) or any person acting for the Vendor or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, RDA, their officers, agents or employees. B. The City agrees to indemnify, defend and save the Vendor and their officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City's, RDA's employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City, RDA, their officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direction; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the Vendor, its officers, agents, or employees (PCC 20103.6). XII. TERMINATION FOR CONVENIENCE OF THE CITY The City reserves the right to terminate the "Agreement for Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Vendor of such termination and specifying the effective date thereof. The City will reimburse the Vendor for all acceptable services performed as set forth in the executed Agreement. Page 19 of 27 XIII. INDEPENDENT CONTRACTOR The Vendor's relationship to the City in the performance of the Vendor services for this service is that of an independent Contractor. The personnel performing said Services shall at all times be under the Vendor's exclusive direction and control and shall be employees of the Vendor and not employees of the City. The Vendor shall pay all wages, salaries and other amounts due his employees in connection with the performance of said work shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers' Compensation. XIV. CONTRACT The Contract includes the Agreement for Services, City's Request for Proposal, Consultant's Proposal, and Exhibits. The Political Reform Act and the City's Conflict of Interest Code require that Vendor be considered as potential filers of Statements of Economic Interest. Vendor, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within 30 days of signing a Vendor Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract. XV. GENERAL CONDITIONS A. Pre - contractual expenses are defined as expenses incurred by the Vendor in: (1) preparing the Proposal; (2) submitting the Proposal to the City; (3) presentation during selection interview; (4) negotiating with the City any matter related to this Proposal; (5) any other expenses incurred by the Vendor prior to an executed Agreement. The City shall not, in any event, be liable for any pre - contractual expenses incurred by the Vendor. B. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Vendor responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s). C. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these Vendor engagements will be made to the Vendor who, in the opinion of the City, is best qualified. Page 20 of 27 The following exhibits are attached, made a part hereof, shall be completed if and as required, and shall be considered as part of the executed agreement between the City of Lake Elsinore and the successful Consultant. City Attachments: Attachment "A" Sample Agreement for Services Attachment "B" Sample exemption from Workers Compensation Insurance (If applicable) Attachment "C Disclosure of Lobbying Activities Consultant Attachments: Exhibit "A" Exhibit "B" Exhibit "C Exhibit "D" Scope of Services Fee Schedule Certificate of exemption from Workers Compensation Insurance (If applicable) Disclosure of Lobbying Activities Sincerely, CITY OF LAKE ELSINORE Rick DeSantiago Public Works Superintendent Page 21 of 27 PRUDENTIAL OVERALL Fax 9513548110 Oct 28 2012 02 40pm P003/004 t :s ESTIMATED RENTAL COST WORKSHEET FOR LAKE ELSINORE LAKES DEPT: GARMENTS industrial p"As 73.44-44 3 11 $0.20 Gaptsst Callar Palo Slug Tr- 8044-6 1 11 50.29 TOTAL WEEKLY RENTAL $13.75 $6.60 $3.19 Page 22 of 27 PRUDENTIAL OVERALL Fax 9513548110 Oct 2G 2012 02:40pm P004 /004 ESTIMATED RENTAL COST WORKSHEET FOR LAKE ELSINORE PARKS DEPT. GARMENTS TOTAL WEE}!1_Y RENTAL. 529,29 Page 23 of 27 119W "varm 7$4444 6 11 $0,20 $220 51320 Oorbast Gaw Polo sWrl _ 77- 8044.4P 1 'M $$0,29 $3.19 $3.19 cvti hs 404444 3 2 50.50 $1.00 $3,00 PRUDENTIAL OVERALL Fax 9513540110 Oct 26 2012 02:40pm P002/004 ESTIMATED RENTAL COST WORKSHEET FOR LAKE ELSINORE PUBLIC WORKS GARMENTS TOTAL WEEKLY RENTAL $63.66 Page 25 of 27 lna=tm rams 734444 13 11 S020 $Z20 $28.80 CWORSt COGar Pob Shirt 77-80.4"P 2 5 $0.29 - $1.45 5290 CaHram Collar PdO Shut 77.9644 -4P 2 11 $0.29 $3:19 $8.38 Crnrerams 4 4444 a 2 so-so $1.00 S4.00 Industrial Pants 73 -94-94 :.$020 423.40 Contrast Collar Polo Shirt 77-80-04: -4P °$0.29 - x$2122 Coveralls '404444 $0.50 $35.54 ^. FACILITY +S�R1tIC51TYYEL�NGIFLATGOODS.. i�,rc ITEM OD Shop Towel, 18"x 18 ", Orange, EgyptianCOtton' ` '" - 9776 $T66 - '_$025 TTD- Inventory Maintenance - 9776 -TTD $0.25 '= .$0.25 Bath Towel -While 9985 $0.30 TTD- Inventory Maintenance 9985 -TTD $2.00 :$2.00 3 x 5 Appearance Mat - Black 9034 $2.00 • Additional Information: PRUDENTIAL OVERALL Name: Title: Date: Industrial Pants Contrast Collar Palo Shirt Contrast Collar Polo Shin Coveralls Shop I owel, 18" x i6 ", Orang TTD- Inventory Maintenance Bath Towel -White TTD- Inventory Maintenance 3 x5 Appearance Mat -Black ESTIMATED WEEKLY 1 -41wn -. Jo•;. 144.44 22 30 -44-4P 6 10444P - 2 d ,. 14-04 7 9776 -TTD 9985 90: 1 7 $48.40 cia en cv„ DI.JV $2.00 ° $14.00 '?