HomeMy WebLinkAboutAGMT - Aramark Uniform Services (Public Works Uniforms) •
e SERVICE AGREEMENT
0eti`9/YNRK
CU STOh1ER NO.
Uniform Services
PAGE NG.
Service To('Customer'): City of Seal Beach Bill To: City of Seal Beach
1776 Adolfo Lopez Drive 1176 Adolfo Lopez Dr
Service Address Billing Address
Seal Beach CA 90740 Seal Beach CA 90740
City State Zip Code City State ' Zip Code
GA
RMENTS,ANDiSERVICES;ORDERED e P '
, WEA ERS ;, MERCHANO1sE - j. 7 rock RE!OE'� GN WEESPER "RA k �R(pAeTEfBA5115y FREQUENCY 4EASYCAREWT CHARGEN1
v ° kin I(pe tem pe k) y
K . � ,2cr .',WEARER a �'ri(pervmarer) � ( Change)..¢l .,4�. ' =..v .d " u(pentem)
0 . . Pant,Cargo Shorts-Charcoal .9 4 ' 50.250 Per Item Weekly $0.04 $20.00'
16 Pant,Work,65/35 Blend-Charcoal 9 4 50.200 Per Item Weekly $0.04 $18.50
5 Pant,Work,65/35 Blend-Charcoal 5 2 50.200 Per Item Weekly $0.04 $18.50
16 Shirt,Work,Solid,65/35 Blend-Light 9 4 50.170 Per Item Weekly $0.04 $14.50
Gray
5 Shirt,Work,Solid,65/35 Blend-Light 5 2 $0.170 Per Item Weekly $0.04 $14.50
Gray
0 Pant,Cargo-Charcoal 9 4 50.250 Per Item Weekly $0.04 523,00
0 Pant,Shorts 65/35 Blend-Charcoal 9 4 $0.200 Per Item Weekly $0.04 $15.00
0 7I .
SEE • oD-e-cd u v,n
'Represents total units,including items at Customer's location(s)and items in the process of being laundered.
Agreement Continues on Next Page
SA(a'12) AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
1.800.ARAIMARK
emmark-umform.mm
• ALLIED MERCHANDISEAND`§ERVICE5;ORDERED: '•; _
Y� rn�x „ MERCHANDISE y vx LpUANIItt.l SKATE PER ti FREEQVENCYSS V MINIMUM BILLED ').:,SAINVEITTOFtv.r. REPLACEMENT CHARGE
.Y T! t I '�1)n.... Cs,! .. i .tc.7• ITEM , � 5:!`x11 1 ESrA. e,,IAINlENANCE� .3,ytEu r ice Ae I
Orr .r . �..
Shop Towel,18X18 100 30.080 Weekly 50% 3% $0.25
'Represents total units,including items at Customer's Iocaton(s)and items in the process of being Laundered.
ARAMARK Uniform Services (AUS)will provide Customer with a uniform, apparel and/or allied product ('Merchandise') rental, lease and/or customer-owned-goods
program and Customer agrees to pay for all of Customer's requirements for rented and/or leased Merchandise according to the terms and conditions of this Agreement
and the related Customer Information Sheet(s)(which shall constitute our entire agreement),including increases or additions in Merchandise. Customer agrees that AUS
is its exclusive provider of rented and/or leased Merchandise and related services and that all rented or teased Merchandise will remain the property of AUS. Customer
will be provided a rental program unless otherwise specified.
This Agreement is effective on the date of the last signature to this Agreement,and will continue for 60 consecutive months following the later of such date or the date
Merchandise is first installed on Customer's premises. Renewal will be automatic for another like term unless either party gives the other party written notice of
termination at least 60 days before the end of the then current term by certified mail,return receipt requested.
AUS 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. Customer may reduce standard Merchandise and services to accommodate normal turnover of employees in the
ordinary course of Customer's business.Customer must notify AUS of an employee's termination and must immediately return Merchandise issued to that employee.
Terms and Conditions Continued on Next Page
5A(31121 AN EouAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
1.800.ARAMARK
aramark-wlwm.com
•
TERMS AND CONDITIONS
product availability,government acts,wars,and acts of God.AUS's failure to
Rented and leased Merchandise that is lost or ruined(except through normal perform under this Agreement because of such events shall not be
wear)will be promptly paid for by Customer at the then current replacement considered a breach.Customer agrees to pay all loss or ruin charges and all
charge; except for ruined garments covered by EasyCareTM or lost allied unpaid statements upon any termination or expiration of this Agreement. If
merchandise covered by Inventory Maintenance.Customer agrees to pay the Customer breaches this Agreement by early termination (except in
EasyCareTM amount, which will entitle Customer to have rented or leased accordance with the above Service Guaranty),Customer agrees to pay AUS
garments that are ruined beyond reasonable repair removed from service liquidated damages (intended as a good faith pre-estimate of the actual
and replaced,unless initialed below or not included in the pricing above.Lost damages AUS would incur and not as a penalty),equal to the greater of(a)
or intentionally abused garments are not covered by EasyCareTM and 25%of the average weekly charges during the 3 months prior to termination
Customer is still responsible for preparation, name and emblem charges. multiplied by the number of weeks remaining in the unexpired term,or(b)the
AUS or Customer may discontinue EasyCareTM at any time by then current replacement charge for all Merchandise.
y y y y providing
written notice to the other party in which case standard ruin charges will Unless specified in writing in this Agreement, the Merchandise supplied
apply. under this Agreement is not flame resistant 'or resistant to hazardous
substances. The Merchandise contains no 'special flame resistant or
(Customer to initial if EasyCareTM is declined) Customer hereby hazardous substance resistant features and the Merchandise is not designed
declines EasyCareTM and by doing so agrees to be liable for and pay the full for use in areas where it may catch fire or where contact with hazardous
then current replacement charge for any and all rented or leased garments substances is possible.Customer agrees to indemnify,defend and hold AUS
that are ruined by Customer(except through normal wear). harmless from and against any loss, claim, expense, including attorneys
fees,or liability incurred by AUS as a result of the use of such Merchandise
If a percentage is included under"Inventory Maintenance"(which percentage in areas where contact with flame or hazardous substances is possible.
shall be a charge under this Agreement),AUS will replace the corresponding Customer will immediately notify AUS of any toxic or hazardous substance
Merchandise that is lost by Customer without any additional loss charge.The introduced by Customer onto the Merchandise and agrees to be responsible
service fee for Inventory Maintenance is equal to the applicable percentage for any loss,damage or injury experienced by AUS or its employees as a
of total inventory multiplied by the then current replacement rate.If applicable result of the existence of such substances. AUS reserves the right not to
Merchandise is lost as a result of willful misconduct,standard loss charges handle or process any Merchandise soiled with toxic or hazardous
will apply. substances. Customer agrees that Customer has selected the Merchandise
and is responsible for determining its appropriateness and for the safe and
Each year,on the first day of the month in which the anniversary date of this proper use and securing of the Merchandise.For reflective Merchandise,any
Agreement occurs,AUS may increase the charges then in effect(the-API') garments supplied satisfy specific ANSI/ISEA standards only if so labeled.
either by an amount up to the percentage change in the Consumer Price Customer acknowledges that AUS makes no representation, warranty or
Index over the previous 12 months or 5%, whichever is greater.AUS will covenant regarding the visibility performance of any reflective Merchandise
notify Customer of the API in writing (which may be by invoice or monthly and that reflective properties may be reduced or ultimately lost through
statement). AUS may also increase charges at any time by notifying laundering. it is Customer's responsibility to determine if additional safety
Customer in writing (which may be by invoice or monthly statement). measures may be necessary under specific work conditions.
Customer may reject such increase (except the API) by notifying AUS in
writing within 15 days after Customer's receipt of notice of such increase. If Except as set forth herein, the Merchandise and related services are
Customer rejects the increase, AUS reserves the right to terminate this provided as is without warranty of any kind,whether express or implied or
Agreement in whole or in part. In consideration of the sizeable investment statutory,and AUS disclaims any and all implied warranties,including but not
AUS is making in Merchandise for Customer, Customer agrees that AUS limited to any implied warranties of merchantability, fitness for a particular
may impose minimum per invoice recurring charges equal to the greater of purpose,good and workmanlike manner and non-infringement of third party
(a)S25 or(b)75%of the initial invoice amount for such charges. rights. In no event shall AUS, its affiliates and their respective officers,
directors or employees be liable to Customer for any indirect, special,
AUS will charge customer for every week during this Agreement even if incidental,consequential,punitive or extraordinary damages.
Customer requests reduced or no service for a particular week or weeks.For
customers extended credit,payment terms are net 10 days after the end of Any controversy or claim arising out of or relating to this Agreement shall be
the month of delivery.A late payment charge equal to the lesser of 1.5%per settled by binding arbitration administered by the American Arbitration
month(18%per year)or the maximum permitted by law shall be charged by Association under its Commercial Arbitration Rules, and judgment on the
AUS on all past due amounts.AUS may elect at any time to revoke credit award rendered by the arbitrator(s) may be entered in any court having
and/or open account privileges and continue to provide Merchandise and jurisdiction thereof. The parties agree to utilize a single arbitrator and the
services on a cash-on-delivery basis only.For cash-on-delivery customers,if most expedited process available in the forum where the arbitration is held.
payment is not made at time of delivery,there will be a 55.00 charge to carry In this business-to-business Agreement, the terms are tailored to your
the balance to the following week. specific requirements.Based on the foregoing,you agree to waive any right
to bring any class and/or representative action based on any business
Service Guaranty: Customer may terminate this Agreement for material dispute(s) between us. In the event any action, lawsuit or arbitration is
deficiencies in service by informing AUS in writing of the precise nature of the required to be brought for collection of any amount due under this
service deficiencies, allowing AUS at least 30 days to correct or begin to Agreement, Customer agrees and promises to pay AUS's reasonable
correct the deficiencies,and giving AUS 30 days written notice(by certified attorney's fees and costs,including all fees and costs involved in collection.
mail, return receipt requested) containing an explanation of the material
deficiencies that AUS has not begun to correct.While AUS will work in good Customer confirms that by signing this Agreement, no existing contract to
faith to resolve orally communicated issues,Customer agrees that the above which Customer is a party is,or will be,breached and the person signing this
writings-based procedure must be followed in order to terminate this Agreement on Customer's behalf is duly authorized to do so.This Agreement
Agreement.The performance of AUS's duties under this.Agreement may be is not binding on AUS until executed by the General Manager of the AUS
subject to circumstances beyond AUS's control,including strikes,lockouts, facility that will provide service to Customer. This Agreement can only be
amended in writing signed by such General Manager.
By signing below,customer agrees to order fie merchandise and services references here'n ARAMARK Uniform Services,adivision of ARAMARK Uniforma Career Apparel.LLC
and former agrees to 0e terns and conditions onlaned in tors Agreement.
City of Seal Beach (562)431-2527 Kepi MO tes,Account �xgguW[e —
Name of Customer Customer Phone Number /"'• Re•r�-septa i�'ITill �� ,�-/'{��}
Jill R Ingram,City M.-.,-r
Date 2 t
N.Qk itide•f C,sto ,- Conte. Fs—H/13, Signamr a': R ar.sen.:ive
XB 1 t - 1.01 Dale q— .I \ Date
Y �1 , u �r
Si natur. of Authorized ustomer Rep esenta ve Signatures•.MARK General manager
SA(31121 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
1.800.ARAMARK
aramzrk-unROnn.can
Ni I
. Sit ADO4oQm
e Customer Information Sheet (CIS)
tw �` R
CUSTOMER NAME City of Seat Beach
Uniform Services CUSTOMER NO.
PAGE NO.
CONTACT NAME: CONTACT TITLE:
Jill R Ingram CITY MANAGER
Reason For CIS: ❑New Customer ❑Add Allied Products ❑ Add Other Charges
'ALLIED'MERCHANDISE'AND SERVICEStORDERED •,p -. k.
..a. _ _..:r __-__. _ ._ .1 .es .A,-.,..._ ii•:t. i,,
w:'11':.;I: ?r' ° m :r,,. 'F' CRATE PERK` `-MINIMUM BILLED INVENTORY REPLACEMENT?;
MERCHANDISE e T{ 19Ufg9:17 ' r t' F,1 113 NCY� 11 NTENA CE: € y YCNARGE:7'Z"..
+;; E Tc REM '+M •. ,'"r;^IPERCENTAGE L{,MAINTENANCEr ,,y b,.
1 ... e'c _,. ,.m .,z ... " ,:.:x u., P Y+.._ E.. . .>t..._ eG. .F' :.E'3 g kL _y. As r..x 1_25:;V(RERrtEN)
___--
Represents total units,including items at Customer's location(s)and items in the process of being laundered. '
Additional Services and Charges: t _„pa 'EasYcare"" ,. ' " .-;:—^ Fr.-':
YES N/A
yy- ? Tr $ Eas Rate :
❑ ❑ Preparation Charge $0.50 per Garment . 3.4�y GARMENT MERCHANDIIg E , Nler iie m
Et z -,:r ,Y i.I:N.t_....` nvento ry Per w-
eekj_,
❑ ❑ Service Charge 21 per Week -
❑ ❑ Extra Suit Charge per Wearer
❑ ❑ Special Merchandise(If yes,see Special Merchandise Addendum)
Direct Embroidered ❑
Other ❑
❑ ❑ Emblem Description
❑ Name Emblem Unit Price $1.00
❑ Company Emblem Unit Price 53.00
❑ Other
Emblem Color: Name: Company:_
Emblem Type/Style. Embroidered:❑ Silk Screen:❑ Image Print:❑
❑ ❑ Other Charges/Services:
General:
• There will be an extra charge reflected on your invoice for any garment issued to customer in the following sizes:
Waist Sizes 4C and above Chest Saes 52'and above
Inseam Length 28'and below:35'and above Alpha Sizes 2XL and above
Neck S zes 18'and above Women's Sizes Size 18 and above
Sleeve Length 36'and above All'Long'Body Saes Any Garment
Shirts larger than 5XL and pans larger than eV must be purchased and serviced on an NOG basis.
• Customer is responsible for all sales and use taxes.
• Each year,on the first day of the month in which the anniversary date of the related Service Agreement occurs,AUS 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.AUS will notify
Customer of the API in writing(which may be by invoice or monthly statement).AUS may also increase charges at any time by notifying Customer in writing(which
may be by invoice or monthly statement).Customer may reject such increase(except the API)by notifying AUS in writing within 15 days after Customers receipt of
notice of such increase. If Customer rejects the increase,AUS reserves the right to terminate this CIS in whole or in part.
• All terms and conditions contained in the related Service Agreement are incorporated in this CIS(except for any price increase provisions)and references to the
'Agreement'shall be deemed to include this CIS.
• If a percentage is included under'Inventory Maintenance"(which percentage shall be a charge hereunder),AUS will replace the corresponding Merchandise that is
lost by Customer 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. It merchandise is lost as a result of willful misconduct,standard loss charges will apply.
• It included above,Customer agrees to pay the EasyCare'"rate for the applicable garment Merchandise,which will entitle Customer to have rented or leased garments that
are ruined beyond reasonable repair removed from service and replaced without the payment of the standard ruin charge. Lost or intentionally abused garments are not
covered by EasyCare2u and Customer is still responsible for preparation,name and emblem charges. AUS or Customer may discontinue EasyCaie'M at any time by
providing written notice to the other party,in which case standard min charges will apply.
• This CIS is not binding on AUS until executed by the General Manager of the AUS facility that will provide service to Customer.
PRINT CITY of SEAL BEACH 1562)431-2527 'RI L AO 4s-• • • x o u / �" I I
Name of Customer Customer Phone Number 1'y ��
7 • t
PRINT 1 'IN RAM • .. 4 -���, �111.\'��, seta
X•e BTitle of ust er C• I`''T7I C Sgna:ura f :alive lig
�1' I ._ii ' L'S1 Date 1 I'A`-'1 13 ���rr Date
'�:of Authorized Customer-•presen-eve Slgnalur� -K General Manager
CIS(sf12) / td W,ARAMAtK
ARANARK-untcanco n
SPECIAL ADDENDUM
rARAMARK TO SERVICE
AGREEMENT
Uniform Services CUSTOMER NO.
PAGE NO.
Addendum A
Reference is made to the Service Agreement dated LA 1`
ZZ,t3 (the Service Agreement)
between The City of Seal Beach Public Works (Customer) and ARAMARK Uniform Services
(AUS)to which this Addendum is attached. Addendum A will run in accordance with the original
terms of the agreement and will be in effect throughout the remaining term of the agreement.
Addendum A consists of the following:
1. Agreement shall be for 36 consecutive months
2. Renewal will be for an additional 12 months based on the cities discretion unless either party gives the
other party written termination at least 30 days before the end of the term by certified mail, return
receipt requested.
3. The 1"paragraph should be amended by the addition of the following sentence at the end: "in the
event of any material discrepancy between the Service Agreement and this Addendum A,this
Addendum A shall control.
4. AUS to provide analysis of CPI increase.Analysis of CPI increase must be included with the notice of
the proposed increase at least 30 days prior to prior
5. Service Guaranty: Customer may terminate this agreement with or without cause by informing AUS in
writing and giving AUS 30 days written notice(by certified mail, return receipt requested)While AUS
will work in good faith to resolve orally communicated issues,customer agrees that the above
writings-based procedure must be followed in order to terminate this agreement. The performance of
AUS's duties under this agreement may be subject to circumstances beyond AUS's control, including
strikes, lockouts,product availability,government acts, wars, and acts of gods.AUS's failure to
perform under this agreement because of such events shall not be considered a breach. Customer
agrees to pay all loss and ruin charges and all unpaid statements upon any termination or expiration of
this agreement.
6. Omit all of 13th Paragraph(Binding Arbitration)
7. All name/prep/emblem charges waived on installation
Except as modified in this addendum, all other terms of the Service Agreement shall apply to
Addendum A as if incorporated herein in their entirety.
This addendum is not binding until executed by the General Manager of the AUS facility that will
provide service to Customer
CUSTOMER: COMPANY:
ARAMARK UNIFORM SERVICES, Inc.
!/t�
a division of ARAMARK Uniform&Career Apparel,Inc.
Print Q.srrot= �� }acrl Print Steven Undo—Sales Manager
Name oTtustomer Aramark Representative Name&Title
C.'T y
Print ��� Z , Z,Jy2a - �r� il�.l�= it 13
ame&Ti o .,usto -r Contact Signa l ark Representative Date
1+!
By Pa 1,46_41 . \ AAILLA +.,. )13 efl 13
.ignamr of Authorized Custo •r Repre—ntative sate Signatu 4' Aramark General Manager 'at