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Alsco ~ C210010 NONCITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C210010a2 Contract Start Date: 7/21/2020 Contract End Date: June 30, 2025 Contract Title: Mat and Towel Services Contractor Name: Alsco Contract Manager: Justin James Department: Fleet & Facilities Contract Costs Original Contract Amount: $5,295.94 Total All Previous Amendments: $17,043.00 Total of this Amendment: $2500.00 Total Contract Amount: $30,134.88 Procurement Authority Contract Type: General Services Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: N/A LCRB Date: 2/22/22 Account String: Fund-Division-Account Work Order – Activity Type Amount FY 25 650-6400-54001 $2500.00 FY Contracts & Purchasing Approval Purchasing Signature: Comments: update rates, extend end date DocuSign Routing Route for Signature Name Email Address Contractor Jack Winslow jwinslow@alsco.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Jack Winslow jwinslow@alsco.com Project Manager Justin James justinj@tigard-or.gov Project Manager Jade McIntosh Jade.mcintosh@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPANYEVERY CONTRACT Contract Title: Mat and Towel Services Number: C21 0010 Contractor: Alsco Contract Total: $5,295.94 Contract Overview: Provide mat and towel laundry service every 2 weeks. Optional 5 year renewals. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate xx❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager:Tustin James Ext: 2589 Department: Fleet& Facilities Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ® General Svc ❑ Coop Purchase ❑ Other: Start Date: 07/21/2020_End Date: 06/30/2021 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Alsco $5,295.94 Cintas $5879.90 US Linen $7769.58 Account String: Fund-Division-Account Work Order—Activity T=e Amount FY 20-21 650-6400-54001 5295.94 FY FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# Q21 0010 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO MATT AND TOWEL SERVICES THIS AGREEMENT made and entered into this 21" of July, 2020 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Alsco, hereinafter called "Contractor",collectively known as the"Parties." RECITALS WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS,City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to Mat and Towel rental, delivery and cleaning services as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on June 30,2021,unless otherwise terminated or extended. The Parties may agree on four (4) additional one (1) year extensions to the Agreement. At no point can this Agreement exceed five (5) years. All work under this Agreement must be completed prior to the expiration of this Agreement. The Contractor may submit revised pricing prior to the mutual acceptance of any option year 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Five Thousand Two Hundred Ninety-Five and 94/100 dollars ($5,295.94) annually of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation,furnishing medical,surgical,hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient finds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 4. ASSIGNMENT DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery,.mail or fax. Payments may be made by personal delivery,mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: Iqw_ CITY OF TIGARD ALsco Attn:Justin James Attn: jack Winslow Address: 13125 SW Hall Blvd. Address: 5225 5E 26`h Ave Tigard,Oregon 97223 Portland OR 97202 Phone: (503) 718-2589 Phone: (503) 233-5445 Email: justinja Bard-or.gov Email: j_winslow rr atsw com 6. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 7. TERMINATION WITHOUT CAUSE At any time and without cause,City has the right in its sole discretion to terminate this Agreement by giving Contractor a sixty(60)day notice. If City tertninates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. i 2 I P age i 8. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. I The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City tertninates this Agreement under paragraph (B), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred,provided,that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees,and other costs of litigation at trial and upon appeal. 9. FORCE MATEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 3Page I 10. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101-336);and D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 11. INDEMNITY Contractor agrees to and shall , to the extent the Contractor is liable, defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, costs, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the negligent acts or omissions or willful misconduct of the Contractor or its subcontractors,agents,or employees in performance of this contract. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 i 41 Page i i B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an"occurrence" form.The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance The contractor,its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017,which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non- exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. 51Page H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. I. Primaty Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert),attorney's fees and court costs on appeal. 13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal,state and local laws,rules and regulations applicable to the work in this Agreement.. 14. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 15. CITY OF TIGARD BUSINESS LICENSE Contractor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro- rated fee though the end of the calendar year. 61 Page 16. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 17. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules,if any goods or services provided under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag,or mark such goods. 18. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 19. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods,services,or property,whether tangible or intangible,provided by Contractor;and 4) Any rules,regulations, charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Contractor's services rendered in the performance of Contractor's obligations under this Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims, mortgages, security interests,liabilities,charges,and encumbrances of any kind. 7 1 P a g e 20. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. 21. COMPLETE AGREEMENT This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative,hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD ALSCO .S,,oe-t�+�tv By:Authorized City Representative5: Authoriz C retractor Representative 7/22/2020 Date Date 81Page i i EXHIBIT A SCOPE OF SERVICES The City of Tigard is contracting with contractor to provide Mat and Towel rental, delivery and cleaning services at various City facilities. Service will be provided for both the interior and exterior of the following City facilities: 1. Tigard Civic Center (City Hall,Police Station,and Permit Center) 13125 SW Hall Blvd.,Tigard Oregon 97223 2. Tigard Public Library 13500 SW Hall Blvd.,Tigard Oregon 97223 3. Public Works Building 8777 SW Burnham Street,Tigard Oregon 97223 4. Tigard Senior Center SW Omara St.,Tigard Oregon 97223 5. Niche 8720 SW Burnham St.,Tigard Oregon 97223 6. Public Works Facilites &Streets 8955 SW Burnham St,Tigard Oregon 97223 Service Description The Service Provider shall: 1. Deliver on a bi-weekly basis to all sites Mats to agreed upon locations within each building. a. Contractor will pick up old mats and replace with clean mats of the same size and type that are flush with the floor. 2. Deliver on a bi-weekly basis to agreed upon locations of towels. a. Contractor will pick up old towels and replace with clean towels of the same type. 3. Billing a. Will need to be listed by building and type of service and delivery and replacement date. 9Page EXHIBIT B CONTRACTOR'S PROPOSAL Service Type Quantity Unit Price Every Two week total Terry/Bar Towels 210 0.11 23.10 Red Shop Towels 55 0.06 3.30 Mats 3x5 Mats 6 2.5 15.00 3x10 Mats 7 4.92 34,44 46 Mats 21 3.68 77.28 3x5 Scraper Mats 12 2.09 25.08 4x6 Logo Mats 2 3.1 6,20 Delivery charge 1 19.29 19.29 Every Two Week total 203.69 Yearly Total $ 5,295.94 *yearly total is the every two week total muIitplied by 26 This will be the amount of the contract. Fill in only the unit price The quantity is the every two week price. 10 1 P age