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Home My WebLink About20174142.tiffMEMORANDUM TO: Commissioners FROM: Barb Connolly DATE: November 29, 2017 SUBJECT: Aramark Contract With Fleet Services coming on as a county department needed of a company to provide uniforms, and shop towels, ect. We have gone out for informal bids on these services. Aramark has come back as low bid. We have worked with the county attorney on the attached contract and would like to move forward with this company. I would not recommend a work session but proceed with adding this to the consent agenda. Yes, add to consent agenda No, add to full BOCC agenda Work Session Julie Cozad '41-C-- , c_aitz4 Steve Moreno 1 I a Barb Kirkmeyer -- Mike Freeman .Y Sean Conway 7g 2017-4142 1/4Av\owv&-i- iloY44& WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & ARAMARK UNIFORM & CAREER APPAREL, LLC Weld County Fleet Uniforms THIS AGREEMENT is made and entered into this 5th day of December, 2017, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Aramark Uniform & Career Apparel, LLC, a Delaware limited liability company, who whose principal address is 115 North First Street, Burbank, California 91502, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through a three year period. After the initial three year period it may be renewed upon written consent of both parties for additional year long terms. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice, subject to the terms and conditions in Exhibit A. Furthermore, this Agreement may be terminated by County for cause in accordance with the "Service Guaranty" described in Exhibit A. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 8. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 9. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature; provided that, however, solely for the specific Merchandise and related services (as defined in Exhibit A) provided by Contractor hereunder, County will not engage another provider for the same or substantially similar merchandise and related services during the term of this Agreement. o2D/7--*/5�� 10. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in eachsucceeding year. 11. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent _jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 12. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 13. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 5th day of December, 2017. CONTRACTOR: ARAMAUNIFO' ` & CEER APP REL, LLC Date 12/5/17 Name. Abe Ang Title: District Manager WELD COUNTY: ATTEST: Weld BY: i ;di eXL; to the B • and Deputy Cl k to he Boa APPROVED AS T Contro ler F DING: APPROVED AS TO FORM: aunty Attorney BOARD OF COUNTY COMMISSIONERS WELD COU1'LTY, COLORA D O c. Julie A. Cozad, Chair APPROVED AS TO UB TANCE: Elected X0/7- *-iSaL EXHIBIT A PROJECT 1, Contractor will provide County with a uniform, apparel and/or allied product ('Merchandise') rental program and County agrees to pay for all of County's requirements for rented Merchandise according to the terms and conditions of this Agreement and the Agreement, including increases or additions in Merchandise. County agrees that Contractor is its exclusive provider of the rented and/or leased Merchandise and related services and that all rented or leased Merchandise will remain the property of Contractor. County will be provided a rental program unless otherwise specified. The rental/service charges and the loss/ruin charges for the Merchandise and services are all set forth on Schedule 1, attached hereto. 2. The Merchandise and related services shall be provided at the following County location: [1399 N. 17TH AVE GREELEY CO 80631] 3. Contractor will provide regularly scheduled deliveries of rented Merchandise, freshly processed, repaired and finished, and will replace rented and leased Merchandise that is worn out through normal wear at no additional charge. County may reduce standard Merchandise and services to accommodate normal turnover of employees in the ordinary course of County's business. County must notify Contractor of an employee's termination and must immediately return Merchandise issued to that employee. 4. Rented Merchandise that is lost or ruined (except through normal wear) will be promptly paid for by County at the then current replacement charge; except for ruined garments covered by EasyCareTM or lost allied merchandise covered by Inventory Maintenance. County agrees to pay the EasyCareTM amount, set forth on Schedule 1, if any, which will entitle County to have rented or leased garments that are ruined beyond reasonable repair removed from service and replaced, unless initialed below or not included in the pricing above. Lost or intentionally abused garments are not covered by EasyCareTM and County is still responsible for preparation, name and emblem charges. Contractor or County may discontinue EasyCareTM at any time by providing written notice to the other party in which case standard ruin charges will apply. _(County to initial if EasyCareTM is declined) County hereby declines EasyCareTM and by doing so agrees to be liable for and pay the full then current replacement charge for any and all rented or leased garments that are ruined by County (except through normal wear). 5. If a percentage is included under "Inventory Maintenance" on Schedule I (which percentage shall be a charge under this Agreement), Contractor will replace the corresponding Merchandise that is lost by County without any additional loss charge. The service fee for Inventory Maintenance is equal to the applicable percentage of total inventory multiplied by the then current replacement rate. If applicable Merchandise is lost as a result of willful misconduct, standard loss charges will apply. 6. Each year, on the first day of the month in which the anniversary date of this Agreement occurs, Contractor may increase the charges then in effect (the "API") either by an amount up to the percentage change in the Consumer Price Index over the previous 12 months or 5%, whichever is greater. Contractor will notify County of the API in writing (which may be by invoice or monthly statement). Contractor may also increase charges at any time. by notifying County in writing (which may be by invoice or monthly statement). County may reject such increase (except the API) by notifying Contractor in writing within 15 days after County's receipt of notice of such increase. If County rejects the increase, Contractor reserves the right to terminate this Agreement in whole or in part. In consideration of the sizeable investment Contractor is making in Merchandise for County, County agrees that Contractor may impose minimum per invoice recurring charges equal to the greater of (a) $25 or (b) 75% of the initial invoice amount for such charges. 7. Contractor will charge customer for every week during this Agreement even if County requests reduced or no service for a particular week or weeks. For customers extended credit, payment terms are net 30 days after the end of the month of delivery. A late payment charge equal to the lesser of 1.5% per month (18% per year) or the maximum permitted by law shall be charged by Contractor on all past due amounts. Contractor may elect at any time to revoke credit and/or open account privileges and continue to provide Merchandise and services on a cash - on -delivery basis only. For cash -on -delivery customers, if payment is not made at time of delivery, there will be a `1;5.00 charge to carry the balance to the following week. 8. Service Guaranty: County may terminate this Agreement for material deficiencies in service by informing Contractor in writing of the precise nature of the service deficiencies, allowing Contractor at least 30 days to correct or begin to correct the deficiencies, and giving Contractor 30 days written notice (by certified mail, return receipt requested) containing an explanation of the material deficiencies that Contractor has not begun to correct. While Contractor will work in good faith to resolve orally communicated issues, County agrees that the above writings -based procedure must be followed in order to terminate this Agreement. 9. County agrees to pay all loss or ruin charges and all unpaid statements upon any termination or expiration of this Agreement or the Agreement. If County breaches this Agreement or the Agreement by early termination (except in accordance with the above Service Guaranty), County agrees to pay Contractor liquidated damages (intended as a good faith pre -estimate of the actual damages Contractor would incur and not as a penalty), equal to the greater of (a) 25% of the average weekly charges during the 3 months prior to termination multiplied by the number of weeks remaining in the unexpired term, or (b) the then current replacement charge for all Merchandise. 10. Unless specified in writing in this Agreement, the Merchandise supplied under this Agreement is not flame resistant or resistant to hazardous substances. The Merchandise contains no special flame resistant or hazardous substance resistant features and the Merchandise is not designed for use in areas where it may catch fire or where contact with hazardous substances is possible. County agrees to be responsible for any loss, damage or injury experienced by Contractor or its employees as a result of the existence of such substances. Contractor reserves the right not to handle or process any Merchandise soiled with toxic or hazardous substances. County agrees that County has selected the Merchandise and is responsible for determining its appropriateness and for the safe and proper use and securing of the Merchandise. For reflective Merchandise, any garments supplied satisfy specific ANSI/ISEA standards only if so labeled. 11. County acknowledges that Contractor makes no representation, warranty or covenant regarding the visibility performance of any reflective Merchandise and that reflective properties may be reduced or ultimately lost through laundering. It is County's responsibility to determine if additional safety measures may be necessary under specific work conditions. 12. Except as set forth herein, the Merchandise and related services are provided "as is" without warranty of any kind, whether express or implied or statutory, and Contractor disclaims any and all implied warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, good and workmanlike manner and non -infringement of third party rights. In no event shall Contractor, its affiliates and their respective officers, directors or employees be liable to County for any indirect, special, incidental, consequential, punitive or extraordinary damages. 13. County confirms that by signing this Agreement, no existing contract to which County is a party is, or will be, breached and the person signing this Agreement on County's behalf is duly authorized to do so. SCHEDULE I Merchandise 3 4 4 12 9 2 COVR _BLEND_TW ILIGC-10011) PANT DENIM ,IEAN(GP02e4I SHR rwORK_Ls(Gsc0o ) SHRT WORK SS(GS0019) SHIRT_WORK_SS_T(GS 1987) JCKT TEAM_ LINED(1300575) PANT,.,, CELLPHONE(GP0561) SHIRT WORK_LS__T1G S1986) GARMENTS AND SERVICES ORDERED: Nut 3ER OF ITEMS PER WEARER* CHANGES PER WEEK (per wearer) MERCHANDISE QUANTITY` RATE PER ITEM RATE RATE BASIS Der tamer mange) 0.5001 Per item 0.140 . Per Item 0 140 Per Item 0. 140 Per Item 0140 Per Item 0.190 Per Item 0.140 Per Item 0.'140 r Per Item FREQUENCY ALLIED MERCHANDISE AND SERVICES ORDERED: MAT_ NYLON,RU8BE)DM0001DKGY3XI0) MAT NYLON/RU88E(DM000I DKGY4X6) SCRAPER MAT(DM00258LAK3X5) ARAMARK DYNAMAT(DM11668LAK3X5) WET, MOP_ NYLON(DP0025GRENLGER) GUNT_RoLL ToWEL(rc00018L al EX) SHOP TOWEL PLAI(TS0002REDD 78X16),. CRT CABINET SST(CE0020WHITXI S'T _SOIL_LOCKER(CE0096GREYMAX1) FENDER_ SEAT_ CO V(000020REDD36X54) MERCHANDISE 10 u FREQUENCY 2.000 , Wkly 1.750 Wkly 1.000 } Wkly 9.000 1 Wkly.__... __0.500) ' ..-_.w_W _Witty_ _ Mob il Wkly 0.040 a._ __ Wkly Wkly MINIMUM 801 FI) PERCENTAGE 50% 50% 100% 100% 100e0 _ 100% 100% 100% 100%.. 0.5001 Wkly 100% Wkly Wkly Wkly Wkly Wkly Wkly Wkly Wkly '5 5 0.20 0.20 020 0.20 020 0.20 0.30 0.20 INVENTORY MAINTENANCE ALLIED MERCHANDISE AND SERVICES ORDERED: Standard Managed Restroom Service with , Paper Towel, Soap, Toilet Paper, Air Freshener, Hand QUANTITY' RATE PER ITEM •kepresents 10ta1 units, including aeons at customers location(s) ana II Additional Service and Charges YES CCI tgl Q N/A Q Preparation Charge Q Service Charge m Extra Suit Charge gl Special Merchandise (it yes, Direct Embroidered Other Do Emblem Description III Name Emblem GC Company Emblem Q Other Emblem Color: Emblem Type/Style: Q Other Charges/Services: $ 86.960 FREQUENCY MINIMUM BILLED PERCENTAGE 5.0% INVENTORY MAINTENANCE Wig 100% N/A in the process cawing 1aunoer'e(r $0.25 Per Garment 5% Per Week $0.00 Per Wearer see Special Merchandise Addendum) L"] Unit Price $0,50 Unit Price $1.00 Name: Company: Embroidered: Q Silk Screen:O Image Print: Q 65.000 22.000 x 6.000 18.000 I 18.000 1 20.000 ;' 25.000 1 18.000 1 196.000 69.000 l 66.000 66.000 2500, 4.000 I 0.700 80 000 ,200 ,000 15.000 REPLACEMENT CHARGE (per item) Current Rate Garment Merchandise Rate (per Item m per week) Hello