1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
OMNIA R-BB-19002 Facilities Management
Products and Solutions.
2. Contractor: Cintas Corporation
3. Cooperative Agency
Agreement Name and
Agreement Number:
OMNIA Agreement R-BB-19002
4. Cooperative Agency Initial
Agreement Term:
Start Date: December 13, 2018
End Date: October 31, 2023
5. Cooperative Agency’s
Agreement-Options to
extend:
Two (2) additional two (2) year periods
6. Cooperative Agency
Amended Term:
Contract renewal dated 8/2/21 renewed contract
period from November 1, 2023 through October 31,
2025
Modification #10 renewed contract period from
November 1, 2025 through October 31, 2027
7. Cooperative Agency
Remaining Options to
Renew:
None.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: October 1, 2023
End Date: June 30, 2027
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $1,354,200. for the term of the
Agreement.
EXHIBIT 1
2 (Rev. 9.30.22)
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced OMNIA AGREEMENT R-BB-19002 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through June 30, 2027 unless terminated earlier by the City.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for Facilities Management Products and Solutions available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $1,354,200.00 for Facilities Management Products and Solutions and services. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and EXHIBIT 1
3 (Rev. 9.30.22)
CITY OF STOCKTON CONTRACTOR NAME.
By: __________________________
Harry Black, City Manager Signature
Date:____________________
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:
By: __________________________
___________________________ Signature
Lori Asuncion, City Attorney
__________________________
Print name
Title: _______________________
local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
6. Special Funding. If Special Funding is applicable, Exhibit D – Special Funding Terms & Conditions are incorporated herein.
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
EXHIBIT 1
4 (Rev. 9.30.22)
EXHIBIT A
Executed Contract #R-BB-19002
Solicitation Package for Request for Proposals #R-BB-19002 EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
8/2/2021
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
#3B7,K
=<B@(*BK
=<B@(*B=@K
,@3=+K=-K=<B?(*BK
(*373B3,AK
(<(0,;,<BK @=+D*BAK(<+K"=8EB3=<AK
!
3<B(AK=?>=?(B3=<K
=K
,*,;),@K
K
KB1?=E01K *B=),?K
K
=+3/KB1,K()=F,K?,-,@,<*,+K*=<B@(*BK(AK-=:8=GAK
'"K(DB1=?3J,AKB1,K(++3B4=<K=-K(K=<B?(*B=?K3?,*BK"(8,K @=0?(;KB=K),K(++,+KB=KB2,K0?,,;,<B
'"K(0?,,AKB1(BKB2,KB,?;AK(<+K*=<+3B3=<AK-=@KB2,K3?,*BK"(9,K ?=0?(;K(AK=DB73<,+K3<KB13AK =+3-3*(B3=<K
KA1(77
),K1,@,3<(-C,@K3<*=?>=?(B,+K3<B=KB1,K0?,,;,<BK $1,KB,@;AK(<+K*=<+3B3=<AK(AKAB(B,+K3<KB2,K
=-
B13AK++,<+E;K(>>:IK=<:IKB=KB1,K4?,*BK"(7,K ?=0@(;K(<+K<=BKB=K(<IK=B1,?K(?,(K*=F,?,+K)IKB1,K0?,,;,<B
=<B?(*B=?K(++AKB,@;AK(<+K*=<+4B3=<AK=-KB1,K3?,*BK"(7,K ?=0@(;K(AK(BB(*1,+K
H*,>BK-=?KB1,K*2(<0,AK>?=F3+,+K1,?,3<K(79K=B2,?KB,?;AK(<+K*=<+3B3=<AK=-KB13AK*=<B?(*BK@,;(3<KE<*1(<0,+K(<+K4<K-D87K -=@*,K(<+K,.-,*BK
!
K'
K &
%K &K"
"K
"30<(BE?,K
"D>,?F5A=?K=-K E?*1(A6<0K
'
&
% & "
BE?,K
12/14/2020
Anthony E. Crosby
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
1/8/2021
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
PURCHASING OFFICE
P.O. BOX 389, MANASSAS, VA 20108 x HTTP://PURCHASING.DEPARTMENTS.PWCS.EDU/x 703.791.8743, FAX 703.791.8610
REQUEST FOR PROPOSAL
ADDENDUM
ADDENDUM #1 DATE: August 8, 2018
REFERENCE: Request for Proposal Number: R-BB-19002
Title: Facilities Management Products and Solutions
Issue Date: July 17, 2018
Sealed Proposal Due Date: August 23, 2018 @ 2: p.m.
All Offerors shall be advised of the following clarifications to the referenced solicitation:
1. Question: Please provide clarification regarding the purpose of attachment F.
Answer: Attachment F, the Sample Contract, is provided to give proposers an idea of what a contract would look like if an award was made.
2. Question: Because terms, conditions and legal requirements for the performance of services can vary across business lines (Rental, First Aid & Safety and Fire Protection), will the local agreement to be executed by the Participating Public Agencies be the governing document for the product or services being procured even if those terms and conditions may run contrary to that which is in the main agreement.
Answer: No. The Master Agreement will prevail and any end user agreement terms and conditions should reference those in the Master Agreement. End User Agreements may include additional terms, however, that are specific to the product or service being provided. Proposers should provide an example of each end user agreement they w ould ask a public agency to sign, as indicated in 7.13.12.11.
3. Question: The items listed on the National Market Basket under Uniforms Purchased Nationwide are identical to the items listed on the Uniform Rental sheet. Should these be identical? Answer: Yes, these are meant to be the same. The market basket items are simply being used to perform a cost comparison. These items should not be construed as a core list.
4. Question: 10.1 (pg. 13) option to renew for two (2) additional two-year periods, two-years at a time. However, on the “sample contract” Attachment F, 3.1 (pg. 32) it states option to renew for four additional, one-year periods, one year at a time. Even though Attachment F is just a sample contract, should those terms match and be set at the two-year term?
Answer: The term in Section 10.1 is correct.
5. Question: 5.1.5 First Aid & Safety (pg 9) should Cintas include pricing for training courses we provide under our First Aid & Safety Division. Training courses are part of offering.
Answer: In order for this offering to be included in any resulting Master Agreement, it should be fully described in the offeror’s proposal. Pricing should be included.
EXHIBIT 1
PURCHASING OFFICE
P.O. BOX 389, MANASSAS, VA 20108 x HTTP://PURCHASING.DEPARTMENTS.PWCS.EDU/x 703.791.8743, FAX 703.791.8610
6. Question: On the National Market Basket page there is a column called “Discount (Percentage from Discount Category”, is this to list the pricing discount from standard pricing? Answer: Proposers should indicate the percentage discount for this item. That percentage discount should correspond to the discount entered in the “Discount by Category” tab for that category.
7. Question: On the page “Discount by Product Category” is this page to detail discounts on items not in the market basket?
Answer: The market basket will be used solely for comparison purposes and is not a core list. The proposer’s full price proposal should be contained in the “Discount by Category” tab.
8. Question: There are additional items in our enterprise that our outside of the market basket of items given, is pricing for those other items required to presented in our bid response? Answer: The proposer must present pricing for all products and services in their proposal. The full pricing proposal should be contained in the “Discount by Category” tab. The market basket should, also, be completed but will be used solely for comparison purposes and will not be a part of any resulting Master Agreement.
9. Question: We view our organizational structure (org chart) as proprietary can we assign this to be redacted? Answer: Please see Section 7.10 of the RFP.
10. Question: With the NIGP trade show occurring the date of the RFP submission requirement, canthe deadline be extended?
Answer: No, the sealed proposal due date w ill not be changed.
11. Question: Do you have a “WORD” and/or “EXCEL” format version of the attached PDF that you could email me? Our Administrative Department tried to convert the attached PDF in to WORD but it did not convert in a manageable form.
Answer: It is not PWCS’ standard practice to release solicitation documents in other than PDF.
ALL OTHER SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED.
A signed acknowledgment of this addendum must be received by the Purchasing Office either prior to the Proposal due date and hour specified or attached to the RFP. Signature on this addendum does not constitute the Offeror’s signature on the original proposal document. The original proposal document shall also be signed.
Brian Burtner, CPPB, VCO
Buyer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ACKNOWLEDGMENT:
Name of Firm Signature
Date Print Name and Title
Telephone Number Fax Number
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Dry Cleaning & Laundry Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or EXHIBIT 1
EXHIBIT 1
REV 2022-05-17
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
REV 2022-05-17
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
EXHIBIT 1
EXHIBIT 1
REV 2022-05-17
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
6 (Rev. 9.30.22)
EXHIBIT C
Cintas Facilities Solutions Agreement
City of Stockton Departmental Price Report
EXHIBIT 1
Cintas Representative Initials: Customer Initials: Page 1 of 5 Rev. 6.30.23
Facilities Solutions Agreement
Location #:
Contract #:
Customer #:
Main Corporate Code New CC 13218 Date:
Customer/Participating Agency: Phone:
Address: City: State: Zip:
UNIFORM PRODUCT RENTAL PRICING:
FACILITY SERVICES PRODUCT PRICING:
ITEM # DESCRIPTION UNIT PRICE
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Automatic Lost Replacement Charge Item: % of inventory $ ea Automatic Lost Replacement Charge Item: % of inventory $ ea This agreement is effective as of the date of execution for a term of 60 months from the date of installation or renewal.
Standard Name Emblem $ ea Standard Agency Emblem $ ea
Custom Agency Emblem $ ea Embroidery $ ea
Uniform Advantage Item: $ ea per week
Premium Uniform Advantage Item: $ ea per week
Emblem Advantage Item: $ ea per week
Prep Advantage Item: $ ea per week
Minimum Charge $35 per delivery
Make-up Charge $ per garment
Non-Standard/Special Cut Garment (i.e., non-standard, non-stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $ per garment Seasonal Sleeve Change $ per garment
Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills.
Artwork Charge for Logo Mat $
Payment Terms: 2% Discount Net 15, Standard terms are Net 30 Size Change
Customer agrees to have employees measured by a Cintas representative using garment “size samples”.
A charge of $ per garment will be assessed for employee’s size changed within 4 weeks of installation.
Other
CHECKBOX INITIALS DATE
Initial and check box if Unilease. All Garments will be cleaned by customer. Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control.
Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values.
Space for additional entries provided on page 4
Space for additional entries provided on page 4
EXHIBIT 1
Please reference attached Exhibit A
1.95 2.95
3.95 4.95
1.63 .16
NA
5.00 Please refrence Exhibit A attached
922
7/7/2023
City of Stockton (209) 937-7582
2500 Navy Drive Stockton CA 95206
.09
.10
.06
.06
.16
✔
AS
Cintas Representative Initials: Customer Initials: Page 2 of 5 Rev. 6.30.23
OMNIA PARTICIPATING PUBLIC AGENCIES TERMS
SUPPLIER GENERAL SERVICE TERMS SECTION
1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreement with Lead Public Agency Prince William County Public Schools to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists.
2. Master Agreement available at https://www.omniapartners.com/publicsector
3. Prices. Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on Exhibit A, “Merchandise & Pricing” at the prices set forth in Exhibit A. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement.
4. Buyback of Non-Standard Garments. Customer has ordered from Company a garment rental service requiring embroidered garments that may not be standard to Company’s normal rental product line. Those non-standard products will be designated as such under-Garment Description in Exhibit C. In the event Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.
5. Logo Mats. In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.
6. Adding Employees. Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one time preparation fee indicated on Exhibit A. Customer shall not pay Company any one time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.
7. Emblem Guarantee. Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer’s logo or other specific identification (hereinafter “Customer Emblems”). Company will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer’s needs and maintain a low cost per emblem through quantity purchases.
8. FRC Warranty. Customer agrees it bears sole responsibility for selecting the flame resistant clothing and fabrics (“FRC”) under this Agreement determining whether such items are appropriate for use by its employees and agents in their applicable work environment(s). CUSTOMER ACKNOWLEDGES THAT COMPANY HAS MADE
NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE FLAME-RESISTANT QUALITIES OR OTHER CHARACTERISTICS OF THE FRC OR WITH RESPECT TO THEIR FITNESS OR SUITABILITY FOR THIS OR ANY OTHER PURPOSE. COMPANY MAKES NO REPRESENTATION WHETHER THE FRC CONSTITUTES APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT FOR THE ENVIRONMENT(S) TO WHICH CUSTOMER’S EMPLOYEES OR AGENTS MAY BE EXPOSED OR AS TO THE FRC’S ABILITY TO PROTECT USERS FROM INJURY OR DEATH. Customer agrees to notify all employees and other agents of Customer who may wear or will be wearing the FRC that it is not designed for substantial heat exposure or for use around open flames. Customer acknowledges that compliance with any and all OSHA or other similar regulations or requirements relating to personal protective equipment is the sole responsibility of Customer. Further, Customer releases Company from any and all liability that results or may result from the use of the garments, including but not limited to any alleged failure of the FRC to function as flame-resistant or provide protection against fire and/or heat. Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this Agreement or resulting from Customer’s or its employees’ use of the FRC.
9. High Visibility Garments. For high visibility garments, Customer bears sole responsibility for: (a) determining the level of visibility needed by wearers of the garments for their specific work conditions or uses: (b) identifying and selecting which garments meet the required level of visibility for any particular work conditions or uses; and (c) determining when garments require repair or replacement to meet the required level of visibility. If garment needs to be replaced outside of normal wear and tear, the customer will be charged the then current replacement value. Customer acknowledges and understands that the garments alone do not ensure visibility of the wearer. Customer further acknowledges that Company is relying upon Customer to determine whether any garments need repair or replacement to maintain the required level of visibility. Company represents only that the garments supplied satisfy certain ANSIIISEA standards to the extent the garments are so labeled.
Customer acknowledges that Company has made no other representations, covenants or warranties whether express or implied, related to the garments.
10. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on Exhibit A of this Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on Exhibit A.
11. Terminating Employees. Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Company.
12. Replacement. In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement Values.
13. Indemnification. To the fullest extent permitted by law, Company agrees to defend, indemnify, pay on behalf of and save harmless the Participating Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, ility, demands, suits or loss, including reasonable attorneys’ fees and all other costs connected therewith, arising out of or connected to the services provided by Company under this Contract, but only to the extent of Company’s negligence.
14. Additional Items. Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company for non-payment by Customer at any time Customer will pay to Company, as termination charges and not as a penalty based upon the following schedule:
If this agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 50 weeks of rental service.
If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the term, Customer shall pay as termination charges equal to 36 weeks of rental service.
If this agreement is cancelled for convenience in months nineteen (19) through twenty-four (24) of the term, Customer shall pay as termination charges equal to 23 weeks of rental service.
If this agreement is cancelled for convenience after 24 months of service, Customer shall pay as termination charges of 10 weeks of rental service.
Customer shall also be responsible to return all of the Merchandise allocated to such Customer locations terminating this Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer’s account prior to termination.
15. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided. I am authorized to sign on behalf of this company. In addition, I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms.
Cintas Location #: Customer Signature:
By: Print Name:
Title: Print Title:
Accepted-GM: Email:
Cintas Enterprise Account Yes No Customer Contact:
Cintas MAM Partners: Customer Contact Email:
EXHIBIT 1
AS
922
Jose Alvarado
Uniform Sales Rep
Randy Glavin
Amanda Smith
✔
Cintas Representative Initials: Customer Initials: Page 3 of 5 Rev. 6.30.23
Accounts Payable Contact
Billing Information
How should the Business Name read on the invoice?
Do you have other sites/locations within your company that are set up for billing with Cintas? YES NO UNSURE Are you Tax Exempt? YES NO If Yes, where can I get a copy of your tax-exempt form? Account Payable Contact Name:
Account Payable Contact Phone #:
Account Payable Email:
Payer Street Address:
City: ST/PROV: ZIP/PC:
We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. Same as Payer OR Same as Sold-To OR Portal/Third Party Bill-To Street Address:
City: ST/PROV: ZIP/PC:
Invoice Delivery (choose one): Leave at Site and Email Email Only Physically Mail Leave at site after service Do invoices require a purchase order? YES NO If yes, please provide PO# Will the same PO need to appear on each invoice? YES NO Is there an expiration date? Check
ACH/EFT - We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details Credit Card - We will have our Payment Center contact the AP Contact above for credit card details Unless noted below, your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing. myCintas allows you to conveniently access your account anytime using your computer, tablet, or mobile device! PAYER INFORMATION: This section covers the address where the person who pays the bills is and their contact information.
BILL-TO INFORMATION: This section covers where the bill will be mailed/sent to.
Payment Terms: 2% Discount Net 15, Standard terms are Net 30
WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING
PAYMENT OPTIONS
EXHIBIT 1
AS
Cintas Representative Initials: Customer Initials: Page 4 of 5 Rev. 6.30.23
UNIFORM PRODUCT RENTAL PRICING (cont.):
FACILITY SERVICES PRODUCT PRICING (cont.):
ITEM # DESCRIPTION UNIT PRICE
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Continued from page 1
Continued from page 1
EXHIBIT 1
AS
Cintas Representative Initials: Customer Initials: Page 5 of 5 Rev. 6.30.23
LOCATION LISTING
EXHIBIT 1
AS
Will need all addresses listed here in order to route correctly:
Public Works Corporation Yard 1465 S. Lincoln, Stockton, CA 95206 The 3 primary MUD sites are:
Municipal Utilities Department 2500 Navy Drive, Stockton, CA 95206 Municipal Utilities Department Stores 2501 Navy Drive, Stockton, CA 95206
Delta Water Treatment Plant 11373 N. Lower Sacramento Rd. Lodi, CA 95242
Water Field Office 704 N. West Lane, Stockton, CA 95210
EXHIBIT A - PRICING PER DEPARTMENT
CINTAS SERVICE PROGRAM OVERVIEW: WHY CHOOSE CINTAS:
Department Name
Graffiti
PW - FM Crafts
ASD - PW Stores
PW - FM Electrical
PW - Streets
PW - HVAC
PW - Fleet
PW - Janitorial
PW - Trees
PW - SEB Janitorial (22 E Weber Ave.)
PW - PD Janitorial (22 E Market St.)
PW - City Hall Janitorial (425 El Dorado)
PW - Signals
PW - Restroom
PW - Community Enhancement
PW - Lunchroom
PW - Admin Office
PW - Blacksmith Shop
Size Premium Estimate
Service Fee
Weekly Total
Department Name
2 - Water Field Office
ASD - MUD Stores
1 -Environmental Control
1 - Pump Station Maintenance
1 - MUD StormWater Admin
3- DWTP Operations
1 - Main Plant Operations
1 - Lab
1 - Collections
1 - MUD Main Plant Maintenance
3 - Delta Water Maintenance
1 - Engineering Building Portable Mats
Size Premium Estimates
Service Fee
Weekly Total
1. No up-front investment 1. Quality products - construction & condition
2. Soiled garments scanned on-site; soiled item pickup details printed on-site for your review (TruCount) 2. Personable, dependable Service Representative
3. Garments laundered according to CDC guidelines 3. Nationally recognized service provider
4. Garments inspected every cleaning and repaired and/or replaced as needed 4. Comprehensive product line
5. Prior to delivery, garments are scanned at our facility to ensure 100% return rate 5. Absolute service guarantee
6. Any discrepancy is ordered from our local stockroom or from our exclusive in-state distribution center. 6. Rapid response for special requests $ 282.57
7. Printed delivery documentation is reviewed with local contact at each delivery (TruCount) 7. Custom & logo capabilities
8. Program is flexible for your changing needs 8. On-site inventory control Estimated Weekly Cost
$ 96.88
$ 120.35
$ 36.91
$ 81.06
$ 778.82
$ 24.18
$ 250.00
$ 175.89
$ 212.64
$ 78.00
$ 54.00
$ 58.00
$ 233.08
$ 12.00
$ 204.10
$ 24.00
$ 24.00
$ 12.00
$ 153.10
$ -
$ -
$2,758.48
Estimated Weekly Cost
$ 418.39
$ 40.38
$ 75.86
$ 475.17
$ 52.08
$ 125.76
$ 891.25
$ -
$4,276.22
$ 1,195.67
$ 484.16
$ 118.40
$ 46.00
$ 200.00
EXHIBIT 1