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G & K SERVICES - CONTRACT - RFP - 7430 UNIFORM RENTAL OR LEASING
SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and G&K Services, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence December 1, 2012, and shall continue in full force and effect until November 30, 2015, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written Services Agreement 7430 Uniform Rental or Leasing Page 1 of 25 G. ALTERATIONS: Alterations are to be the responsibility of the Service Provider. If a garment requires alteration, Service Provider has seven (7) calendar days to return or replace garment from the date of being informed of the request by authorized City personnel. At the option of the City's departmental project managers; the City may request a "loaner' garment be provided until the original garment is returned into service. H. PROFESSIONAL APPEARANCE: Initial issue uniforms must be new. No faded, worn or "off color' garments will be accepted. In order to maintain a professional appearance, the City will not accept clothing with mends and patching larger than dime size. The repair or mending of a garment shall not detract from the garment's appearance. Two (2) or less apparent mending sites are acceptable; if there are more in a garment, that item needs to be replaced. The City reserves the right to approve or request new garment depending on the appearance and the employee's function. I. MEASUREMENT: Transfort and Fleet Maintenance request that Service Provider measure employees (and give the opportunity for try -on) for proper fit on -site. Service Provider shall negotiate schedule for these events with the department Project Managers. City Project Manager has the option to request a set of "sample" garments to keep on -site for fitting purposes. Garment samples include long -sleeve shirts ranging from Small-4XL, and various men's and women's-sized pants. Service Provider will provide a list of all sample garments and sizes that will be furnished to Project Manager at their request upon execution of the contract; subject to approval of the City's Project Manager(s). J. GARMENT IDENTIFICATION: Service Provider is to have in place a system of garment identification (for example, bar coding) in order to provide tracking of the uniform pieces for individual employees throughout their system. K. LOGOS: Service Provider is to attach City Logos to shirts, jackets, vests, etc. as directed by the department Project Managers. The City will design the artwork for the logo according to City approved standards and must approve proofs of any artwork changes made; and will purchase the logos as needed. Service Provider will not charge a fee to attach the logos to garments, or to remove them should the garment no longer be required or needed. L. GARMENT REPLACEMENT CHARGE: Garments that require replacement due to normal wear and tear are to be replaced at no charge by the Service Provider. All city employees participating in the Lease or Rental program are required to fill out an Enrollment Agreement for the Service Provider. This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee's final paycheck. Replacement Cost is as determined on the Pricing Schedule (Exhibit C). M. UTILIZATION REPORTS: The City desires to have access to various Utilization Reports (preferably on-line) at no additional cost. These reports are to include access to the following but are not limited to: 1. Activity by Employee 2. Activity by City Department 3. Cost by Employee 4. Cost by City Department Services Agreement 7430 Uniform Rental or Leasing Page 10 of 25 5. Location of Employee garments within the Service Provider's system (including delivery status for new or replacement items) 6. Mending stats 7. Replacement stats Service Provider has included samples of reports similar to these that they are currently providing for other customers, with their RFP submission. The City reserves the right to request Service Provider to create reports that will meet the City's needs. N. SAMPLES: The City reserves the right to request samples of the uniform pieces to be supplied at no cost to the City, prior to awarding the Services Agreement. The City will retain the samples provided by the awarded Service Provider in order to create an express warranty that the whole of the good provided shall conform to the sample submitted. Where a Preferred Brand (') is requested, six (6) samples of this garment are required if you are submitting a different Brand Name other than the one requested. The City reserves the right to determine what is and is not an equivalent to the Preferred Brand requested. O. IMPLEMENTATION SCHEDULE: Service Provider shall include a sample Implementation Schedule, in order for the City to have an idea how long it will take Service Provider to get their program up and running once Services Agreement is signed and in place. P. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this RFP at the option of the Awarded Vendor. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider with a desire to participate in any resulting awards as a potential cooperative user. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that have indicated a desire to participate in any resulting awards as a potential cooperative user include: Larimer County Q. SITE AUDITS: The City will reserve the right to do periodic Site Audits to the awarded Service Provider. R. CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION MECHANISM: Service Provider shall include Customer Satisfaction Surveys, and show the City project managers how their followup corrective action mechanism works for any issues identified in the course of these Surveys. 1. Every phone call from City is personally answered during business hours and logged into Service Provider's computer system. All City emails are tracked and logged the same way as a phone call. 2. Appropriate Service Provider representative is contacted and has one (1) hour to respond to the City. 3. A personal site visit to City and resolution is guaranteed by Service Provider within 24 hours. S. All awards and extensions are subject to annual appropriations of funds. Services Agreement 7430 Uniform Rental or Leasing Page 11 of 25 T. Rental, Lease, and Purchase/Replacement Costs provided on the enclosed Pricing Schedule (Exhibit C) will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this Services Agreement. No Fuel Surcharges will be accepted. Any Environmental Charges , Makeup Charges, or Wastewater Charges must be clearly stated on the submitted Pricing Schedule. The City of Fort Collins will not be liable for any charge not provided in the Pricing Schedule (Exhibit C). U. No Buy -Back Provisions will be considered. V. Sustainability: Service Provider shall provide assurance that all uniform laundering services provided for the City under this Services Agreement use non -toxic cleaning products and processes; and that all uniform laundering services provided under this contract are in compliance with required water discharge and pre-treatment permits. 1. Service Provider shall provide Material Safety Data Sheets for all products used for cleaning the types of garments and other products listed in this solicitation. 2. Service Provider shall provide a description of the company's efforts to use the least toxic detergents and related laundry chemicals. If chemical products are bought from an external supplier, describe that supplier's efforts to formulate and promote less -toxic or non -toxic products. Example efforts include: product certification by an independent third -party certification program for institutional cleaners or participating in the U.S. Environmental Protection Agency's Design for Environment Program. 3. Service Provider shall agree to pursue continuous improvement in using the least toxic chemicals available for laundering the garments and other products listed in this solicitation. W. Shop Towel Policy: Service Provider proposes no "automatic replacement" for the City's Services Agreement account; Service Provider proposes to count every towel that comes in and out. City departmental project managers reserve the right to revisit this policy with Service Provider during the course of this Services Agreement at their option. Services Agreement 7430 Uniform Rental or Leasing Page 12 of 25 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement 7430 Uniform Rental or Leasing Page 13 of 25 OATS IMRVOO,WY1'I aC" Ezra CERTIFICATE OF LIABILITY INSURANCE ,2 DPc#(rif6 ozs w THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Iii Rroi or Da—Dee,Tr PHONE FAX NC. No. En:61NJJ-13. I..Not: 6123Td-R70 EiANL aMutla M a earn t Hays Companies Y P Centouch Suitet PRODUCER PRODUCE 80S 80 South 8'F Street cusromER to a: caN-1 INSURER(S) AFFORDING COVERAGE NAIL# Minneapolis, MN 55402 INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED INSURER B: AMERICAN ZURICH INSURANCE COMPANY 40142 INSURER C: G & H Services, Inc. & Its Subsidiaries INSURER D: 5995 Opus Parkway INSURER E: Minnetonka, MN 55343 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AWL SIVAPOLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1.000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S 1.000.000 CLAIMS MADE ❑% OCCUR MED EXP (Any one person) S 10.000 X GLO585230300 12/01/2012 12/01/2013 PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE s 15,000,000 GEHL AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG S 2,000,600 POLICY JET X Lee $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S 3,000,000 BODILY INJURY (Per person) $ A X ANY AUTO BODUY INJURY (Per accident) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS BAP585230400 12/01/2012 12/01/2013 PROPERTY DAMAGE (Per accident) $ X NON -OWNED AUTOS 5 X PHYSICAL DAMAGE -SELF -INSURED $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB cwiMsmgoE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATIY OTR TORYLIMITS ER E.L. EACH ACCIDENT $ 1.000,000 YIN B A ANYPROPRIETOHAPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA 00 WC585230200 WcsB523o2oo 1Rmaq 12/Ot/2012 12J01/2013 E. L. DISEASE - FII EMPLOYEE S 1,000,000 (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 Note: Workers' Compensation coverage is not provided in Texas. Contact: Hays Companies for evidence of Workers' Compensation or alternative coverage for the state of Texas. Contact: GIRK Services, Inc. for evidence of Workers' Compensation coverage in the folluning states: North Dakota Ohio Washington, and Wyoming DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLEe IAnatl, gCORO iD1, AddYiorwl Remarks SZMNIe, it mon zlvu is regriredl Certificate holder is additional insured as respects general liability policy, as required by written contract. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY PROVISIONS. City of Fort Collins Ed Bonni C.P.M., CPPB AUTHORIZED REPRESENTATIVE PO Box 580 Fort Collins, CO 80522 © 1988-2009 ACORD CORPORATION_ All rinhts ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD EXHIBIT C - PRICING RENTAL/LEASE PROGRAM ITEMS RENTAL PRICE PER UNIT ITEM BIDDER'S PER CHANGE LEASE PRICE PURCHASE OR # DESCRIPTION PRODUCT # (Service PER CHANGE REPLACEMENT Provider (We launder) PRICE launders) 1 Lined Bomber Jacket 1820-226 $0.35 $0.24 $32.00 2 Slash Pocket Ike Jacket 1820-053 $0.35 $0.24 $32.00 3 Quilted Vest 1650-457 $0.35 $0.24 $28.00 4 Oxford Cotton Dress Shirt (Long and 1018 and 004- $0.27 $0.18 $21.00 or Short Sleeve) 025 5 Work Shirt, 65/35 (Long or Short 94941 $0.15 $0.10 $16.00 Sleeve 6 Work Shirt,100% Cotton (Long 31502 $0.22 $0.17 $18.00 or Short Sleeve 7 Cotton Pants 17565 $0.22 $0.17 $22.00 8 Work Pants, 65/35 14534 $0.18 $0.13 $16.00 9 Work Shorts, 65/35 15847 $0.18 $0.13 $14.00 10 Men's Pleated Shorts 1236-076 $0.18 $0.13 $14.00 11 Men's Non -Pleated Shorts 1236-015 $0.18 $0.13 $14.00 12 Men's Dickies Cargo Shorts 1236-579 $0.18 $0.15 $16.00 13 Women's Pleated Shorts 1236-678 $0.18 $0.13 $14.00 14 Shop Towels, Premium white 2995-696 $0.05 $0.40 15 Shop Towels, Standard 3005-696 $0.03 $0.32 16 Shop Towels, Heavy 3013-242 $0.05 $0.45 17 Fender Covers 3020-828 $0.30 $4.50 18 Glass Towels 5225-212 $0.06 $0.80 19 Track Control Mats, 3x4' 2020-240 $1.25/delivery $36.00 amount 20 Track Control Mats, 4x6' 2060-240 $2.25/delivery $60.00 amount 21 Dust mop,12", collapsible 4202-565 $0.30 $5.00 22 Wet mop barricade, large, green 4104-113 $0.60 $10.00 Services Agreement 7430 Uniform Rental or Leasing Page 14 of 25 23 Mop frame, 12", collapsible 8103-565 $0.00 $5.00 24 Women's Elastic Waist Pants 1210-442 $0.18 $0.13 $16.00 25 Women's Pleated Pants 1204-871 $0.18 $0.13 $16.00 26 Women's Dickies Cargo Pants 1259-025 $0.22 $0.19 $22.00 27 Women's Dickies Flat Front Pants 1210-529 $0.22 $0.19 $22.00 28 Men's Pleated Pants 1204-076 $0.18 $0.13 $16.00 29 Men's Work Pants 1210-015 $0.18 $0.13 $16.00 30 Men's Dickies Multi -Use Pants 1210-990 $0.22 $0.19 $22.00 31 Men's Dickies Cargo Pants 1259-262 $0.22 $0.19 $22.00 Services Agreement 7430 Uniform Rental or Leasing Page 15 of 25 EXHIBIT D NON -APPROPRIATION OF FUNDS CLAUSE (required for multi -year Agreements) Non -appropriation of Funds: The City reasonably believes that it will have a need for the Equipment for the services of the Agreement and that funds will be available and appropriated to make all payments under the Agreement. However, the availability of funds in future fiscal years is dependent upon appropriation of funds by the City Council, which appropriation is entirely discretionary. The City will seek funding each year as part of its Budget process. If funds to continue the services for the term of the Agreement are not appropriated, the parties agree that the City may terminate this Agreement at the end of the current year without penalty. The City will notify Service Provider at least fifteen (15) days prior to the end of the year if funds are not available for the payments required under this Agreement by reason of non -appropriation or non - availability of funds. Services Agreement 7430 Uniform Rental or Leasing Page 16 of 25 EXHIBIT E FEDERAL CONTRACT REQUIREMENTS FEDERAL TRANSIT ADMINISTRATION Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Services Agreement 7430 Uniform Rental or Leasing Page 17 of 25 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contrail Turnkey Construction Architectural . Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Thoseimposed None None None None a. Contracts below SAT on state pass ($100,000) thru to None Contractor Yes, if non- None unless None unless None unless non- b. Contracts above unless' non- competitive non-competitive non-competitive competitive award $100,000/Capital Projects — competitive award or if award award award funded thruz 530715309/5311 II Non State Grantees Those imposed a. Contracts below SAT Yes3 on non -state Yes Yes Yes Yes ($100,000) Grantee pass b. Contracts above Yes3 thru to Yes Yes Yes Yes $100,000/Capital Projects Contractor Services Agreement 7430 Uniform Rental or Leasing Page 18 of 25 notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins G&K Services, Inc. Attn: Purchasing Attn: Kaley Zeisel, 5100 Race Court PO Box 580 Administrative Clerk II, Denver, CO 80216 Fort Collins, CO 80522 Transfort/Dlal-A-Ride Attn: Karen Bixler, Major PO Box 580 Account Executive Fort Collins, CO 80522 kbixier@gkservices.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be Services Agreement 7430 Uniform Rental or Leasing Page 2 of 25 Sources of Authority: ' 49 USC 5325 (a) Z 49 CFR 633.17 318 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Services Agreement 7430 Uniform Rental or Leasing Page 19 of 25 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race Color Creed National Origin. Sex - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Services Agreement 7430 Uniform Rental or Leasing Page 20 of 25 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City has an overall DBE goal of 9.9%. There is no specific contract goal for this project but the City encourages bids from DBE firms in this project. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, it is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. Services Agreement 7430 Uniform Rental or Leasing Page 21 of 25 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier Services Agreement 7430 Uniform Rental or Leasing Page 22 of 25 covered transactions. 10. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding oaragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material or commodities by ocean vessel. 11. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America' Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 12. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 13. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 14. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Services Agreement 7430 Uniform Rental or Leasing Page 23 of 25 Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines' (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. Services Agreement 7430 Uniform Rental or Leasing Page 24 of 25 EXHIBIT F IMPLEMENTATION SCHEDULE • Complete appropriate paperwork Upon award • Site visits to all delivery locations Upon Award • Garment Selection Week 1 • Obtain a list of all uniform wearers Week 1 • Schedule times to measure uniform wearers Week 1 • Measure employees Week 1 & 2 • Determine equipment needed Week 2 • Determine placement, qty & sizes of mats Week 2 • Order all garments Week 2 • Order all equipment Week 2 • Order all mats, mops & towels Week 2 • Internal order verification Week 3 • Tracking of garments ordered to ensure on time delivery Week 3 • Pre -Install Meeting to go over any changes Week 4 • Deliver new uniforms and products to all locations Week 4-5 Services Agreement 7430 Uniform Rental or Leasing Page 25 of 25 considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warrantv. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either parry should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. Services Agreement 7430 Uniform Rental or Leasing Page 3 of 25 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a Services Agreement 7430 Uniform Rental or Leasing Page 4 of 25 certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program'), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Services Agreement 7430 Uniform Rental or Leasing Page 5 of 25 Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, Services Agreement 7430 Uniform Rental or Leasing Page 6 of 25 Exhibit "E", consisting of eight (8) pages, and Exhibit T", consisting of one (1) pages, attached hereto and incorporated herein by this reference. Services Agreement 7430 Uniform Rental or Leasing Page 7 of 25 CITY OF FORT COLLINS, COLORADO a municipal corporation By. Jame B. 'Neill II, CPPO, FNIGP Direct r o Purchasing and Risk Management Date: VZ-1 13/( 2, G & K Services, Inc. By: 2S"4oti _ oS7tp,�.J d • �oNAcS PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: /;?.3. /--Z ATTEST: (Corporate Seal) CORPORATE SECRETARY Services Agreement 7430 Uniform Rental or Leasing Page 8 of 25 EXHIBIT A - SCOPE OF WORK 7430 UNIFORM RENTAL OR LEASING SCOPE OF WORK: A. The City of Fort Collins requests proposals for furnishing, cleaning (where requested), and maintaining uniforms for Transfort Bus and Fleet Maintenance personnel. B. DELIVERY: the City requires that the Service Provider designate one (1) day for pick- up and delivery per week. Delivery is to occur on that pre -determined day during business hours, at a time to be negotiated between Service Provider and the Project Manager for that department. For those weeks in which the pickup/delivery day is on an official City holiday, arrangements are to be made for deliveries to occur the day before the holiday, or on a preapproved date. All newly ordered and replacement garments must be delivered within two weeks of the date ordered. Any delays exceeding that timeframe must be reported promptly to the City's Project Manager; and corrective action implemented by the Service Provider. 1. At the option of the City's Project Manager, failure to deliver newly ordered or replacement garments within two weeks of date ordered may result in Liquidated Damages being assessed to Service Provider in the form of a credit to the affected department's invoice of up to $40 per week per undelivered garment, until said product is successfully delivered. C. DIRTY CLOTHING/RAG/TOWEL BINS: Service Provider is to provide bins that separate the clothing to allow for clothing pieces in need of mending or repair to be placed in one bin, clothing recommended for replacement in another bin and a third bin that is for dirty clothing. Additional bins are to be provided for dirty Shop rags/Towels. The bins are to: 1. Provide smell containment , or hold to a minimum. 2. Be covered and locked, to prevent pilfering. 3. Be sized appropriately to accommodate the needs of the department 4. Be located in an area approved by the department Project Manager. D. UNIFORM COMPLEMENT AND QUANTITIES: Garments covered under this Program will be selected by the Project Manager for each department from the items represented on the Pricing Schedule. If additional items not covered on the Pricing Schedule are requested by the Project Managers, they will be priced using the Service Provider's same Pricing Multipliers that are used for similar item categories on the Pricing Schedule. Project Managers will determine the quantity of each item to be provided for each employee in their department. Project Managers for each area may add or delete uniform pieces, towels, covers, mats and other sundry components from the Services Agreement at any time during the Contract Period. E. OVERSIZE UNIFORMS: Service Providers should be aware that an average of 5% of City employees require oversized uniforms. No additional cost is to be charged for oversized garments. Also, the Service Provider is required to provide female -size apparel at no additional cost. Service Provider is to make every effort to see that oversize and female employees receive their uniform pieces in the same time frame as regular -size male employees. F. SIZE CHANGES: Service Provider is to provide for normal size changes at no additional charge to the City. Services Agreement 7430 Uniform Rental or Leasing Page 9 of 25