Loading...
HomeMy Public PortalAbout081-2012 - Sanitary - Aramark Uniform - UniformsAGREEMENT THIS AGREEMENT made and entered into this462 day of 2012, by and referred to as Contract No. 81-2012 between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Aramark Uniform Services, 1900 Progress Avenue, Columbus, Ohio 43207-1727 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide uniform/towel/floor mat/supplies and laundry service for the Richmond Sanitary District on a weekly basis. A Request for Quotes dated May 9, 2012 has been made available for inspection by Contractor, is on file in the office of the Richmond Sanitary District, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said .Request for Quotes is attached hereto as Exhibit "A," which Exhibit is dated May 21, 2012, consisting of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment and services listed on Exhibit "A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION U. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay -Contractor a sum not to exceed Twenty -Three Thousand hive Hundred Ninety - Eight Dollars and Eighty -Six Cents ($23,598.86) annually for the duration of the Agreement for complete and satisfactory performance of the work required hereunder. Contract No. 81-2012. Page 1 of 5 SECTION 1V. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until June 30, 2015, with the City retaining the option to renew this Agreement at the same price and upon the same terms for an additional year ending June 30, 2016. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. 'Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 Page 2 of 5 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly fired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIH. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter Page 3 of 5 directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Page 4 of 5 Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any, other tribunal, court, or administrative F body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that lie/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREON, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners RLY: 4V-5vP.111111- i_x �� a Richard ire Irresident X 61 LA: � �.. Gilbert Klose, Vice President Greg Stiens, Member Date: U ' a (f 'i I )) APPROVED: o � Sarah L. Hutton, Mayor Date:'% / Z' "CONTRACTOR" AR.AMARK UNIFORM SERVICES Date: —� 113 ) I z Title: 0 erljzrl�-o OanctYj— Page 5 of 5 PRICE REQUEST OW OF RYCMMO►ND DEPARTNffiWr OF SAWAnON 23W LiBMW AVENUE.iUCHMOND, i DLg4A 47374 PHQNE (765) 983-7450.FAX (765) 962,2669 VENDOR Aramark Uniform 1900 Progress Avenue Columbus, Obi 43207-1727 ATTN: Sales THIS IS NOT AN ORDER INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges wh6re requested; and attach any explanation for any substitution to Specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: May 9, 2012 10:00AM on May 22, 2012 UPON RECEIPT OF INVOICE DELIVERED F DESCRIPTION This is a request for quotes for Uniform Service for Richmond Sanitary District. This quote will include the: uniform item and laundry service. The attached proposal sheet includes totals from 2011, these totals may fluctuate with the new contract. The totals.vAl'I he used to do a price,comparison for quoting purposes. The period of service will be from the signing of the contract until June 30, 2015 with the option to renew year four at quoted price (year 2016). Please provide costs on attached proposal sheet_ Please include Certificate of Insurance (including Workers Compensation) with Quote. All E Verify requirements and Indiana Local Preference Claims will apply to this quote. Return this sheet in a sealed envelope addressed to: Richmond Sanitary District Denise ,Johnson, Customer Service Manager 2380 Liberty Avenue Richmond, IN 47374 Re: Uniform Services Questions? Call Jeff Lohmoeller at 765-983-7464 or Denise Johnson at 765=983-7443. STATE TAX EXEMPTION # 003121909-001 RichmondiDistrict NAME OF FIRM QUOTING: BI'��mA21C unilr=�,�,.m L��y�s (%._�� ,. (/J� }(�{ rAUTTHORIZED BY SWINATURE lJ ,-j9-, �i�C ' v `a 4 Q TME DATE PHONE NUMBER �191T_A_PAGE i OF-5- Request for Quotes Supplying Uniforms and Service at The Richmond Sanitary District 2012 The Richmond Sanitary District is requesting a quote for famishing uniforms, jackets, lab coats, shop towel and other supplies listed. There are approximately 65 employees. The Richmond Sanitary District provides each employee the following, according to their specific job. 1. Button down shirts (short sleeve and long sleeve) — BLEND 2. Blue Jean work pants 3. Standard work jackets lined —BLEND 4. ANSI II Hi -Viz lined work jackets -- BLEND 5. Light weight Cover -Ally standard — BLEND 6. '/4 Length pocketed five button Lab Coats — BLEND 7. 18xl8 RED Shop Towels 8. Safety Mats 9. Scraper Mats 10. Nylon Rubber Mats (different sizes) 11. Roll Towels — Blue & Dispenser 12. Pro -Soy Industrial Soap 13. Battery powered Air Fresheners/Fan Any extra charges for the following: (if so please list) 1. Size Premium 2x and larger 2. Emblems .0 AS c 3. Employee names 4. Waste Water N f C 5. Prep Charges s 6. Start -Up Fees 7. Change out of uniforms due to size change �l/G Attached are the estimated quantities per item and what department they ►rill be charged to. JEXH IBIT A PAGE 4"' OF 5 i Pro osal Sheet Administration Building Mats Size uanti _ Cost per month Safety Mats 3x5 5 2 7,09 Scraper Mat 3x5 1 _ d y73y Nylon/Rubber (Blk) 3x4 2 -- 5-. q2 Nylon/Rubber (Blk) 3x10 12 }N SO Air Fresheners Battery Powered 5 A j L gy Air Fresheners Battery/Fan 4 , _ .l 3 , (, 7 Operations IPB (5) Mats Size Quantity Cost per month Nylon/Rubber(Blk) 4x6 2 0 _ 75 Nylon/Rubber (Blk) 3x10 2 ,09 Shop Towels 18x18 (Red) 300 .60 Uniform --onantity Cast Baer month Jacket (Regular) 15 P 16.25r Pants (Blue Jean.) 55 V _ Shirt (Long Sleeve) 55 _ - ;23. Sq Shirt (Short Sleeve) 55 -ff LAB (4) Mat Size Quangq CgE. ear month Nylon/Rubber 3x5 1 a _s!5-, y 2, ^ Ua form Quantity Cost per month Jacket (Regular) 12 Jacket (Hi -Viz) 4 Pants (Blue Jean) 44 4' 3 . Shirt (Long Sleeve) 24 / o . o Shirt (Short Sleeve) 20 ?.4,7 Lab Coat 20 1 EXHIBIT PAGE 3 4F � Waste Water Maintenance (6) UniformQuantity—Cost 1per month Jacket (Regular) 18 & 15-5-0 Pants (Blue Jean) 66 ---V �� z Shirt (Long Sleeve) 66 -- Shirt (Short Sleeve) 66 Coveralls 30 Shop Towels 18xl8 (Red) 500 (qty) q-?. 341 Sewer Maintenance (12) Uniform --Ouantity Cost Der mouth Jacket (Regular) 36 3 g. 00. Pants (Blue Jean) 132y elo Shirt (Long Sleeve) 132 26 Shirt (Short Sleeve) 132 7. 2-- Solid Waste (26) Mat - Size Ouantity Cost Der month Nylon/Rubber 3x5 2 A Nylon/Rubber 3xl0 4 1' $ f 7 NylowRubber 4x6 2 Scraper Mat 3x5 2 Shop Towels 18x18 (Red) 500 (qty) �y.3. 3�j Uniform Quantity Cost per month Jacket (Regular) 52 Jacket (Hi -Viz) 26 �F ,1 Pants (Blue Jean.) 286 q I g Shirt (Long Sleeve) 286 7 - . 9f f 2 EXHIBIT PAGE LL—OF j5 Shirt (Short Sleeve) 286 Az 3. r Solid Waste .Maintenance (4) Uniform usnti _ _ Cost Per month Jacket (Regular) 12 1 13,00 Pants (Blue Jean) 44 3 q Shirt (Long Sleeve) 44— . o Shirt (Short Sleeve) 44 p Coveralls 12 Shop Towels 18x18 (Red) 500 (city) 9 L13 ?,q Landfill S Uniform OuantitY Cost ner month Jacket (Regular) 16 S 1-7_.3_q Jacket (Hi -Viz) 8 g • O,�j Pants (Blue Jean) 88 Shirt (Long Sleeve) 88 39 _ /4 Shirt (Short Sleeve) 88 _'3?, Ig Coveralls 40 3y, kL Shop Towels 18x18 (Red) 300 (qty) e'26 to Roll Towel Blue 4 N f 3.00 Pro -Soy Industrial Soapl -70. 00 Air Freshener I /V/c Total Quoted Price - from signing of contract until June 30, 2015 $ ©-7- 1 /a3 S9,9_ g6 (monthly/yearly) Total Quoted Price - for year four (2016) $ AO 0717 ! ?3 599. %(monthly/yearly) or S&�7eorz 7/g9,e 3 EXHIBIT —6 PAGE 5 F