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HomeMy WebLinkAboutAGMT - CINTASamAsd FACILITIES SOLUTIONS AGREEMENT Customer /Participating Agency Address clo Seal Beach Publ which are Incorporated herein by this Location No. Contract No. Yo Customer No. Main Corporate Code 150716 Tile ID Carpet Corporate Code 450717 Date 4 -r4- I b Phone SLZ- 4.51- Z'TZ7 State CA ZIP 90740 • This agreement ("Agreement') is effective as of this date April 26, 2016 Peffective date"), for a term of 36 months and shall expire at midnlght on April 26, 2019, unless terminated sooner as provided in this Agreement. Any negotiations of price, terms or discounts must be approved by Harford County Public Schools, with any such changes taking effect on the anniversary date of the master agreement between Cintas and Hanford County Public Schools. All requests for price changes must be Justified and based upon verifiable criteria which may include the Bureau of Labor Statistics Consumer Price Index (CPI -U) US City Average, Baltimore Region (Washirt� ton- Baltimore). • Name Emblem $ 1.14 ea Company Emblem $ It •�i b ea • Customer Emblem $ 2• So ea • Embroidery $ --- ea • COD Terms - $ � per week charge for prior service (if Amount Due is Carried to Following Week) • Credit Terms - Charge Payments due 10 Days After End of Month • Automatic Lost Replacement Charge: Item %of Inventory § / Ea. • Automatic Lost Replacement Charge: Item % of Inventory _T $ / Ea. • Minimum Charge § oo per delivery. • Make-Up Charge $ Ill. S 7, per garment. • Non - Standard /Spedal Cut Garment (i.e., non - standard, non - sluiced unusually small or large sizes, unusually short or long sleeve or length, etc.) premium; u. 153 per garment. $ per garment. • Seasonal Sleeve Charge $ i" per garment. • Under no circumstance will the Company accept textiles bearing free liquid. Shop towels may not be used to dean up oil or solvent spins. Shop towel nutmer $ I. b0 per week. • Artwork Charge for logo Mat f • Uniform Storage Lockers: $ /• ealweek, Laundry Lock -up: S / ealweek Shipping:; • Service Charge This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly or Indirectly related to the environment, energy des, service and delivery of goods and services, in addition to other miscellaneous costs Incurred or that may be Incurred in the future by Company. • Size Change: Customer agrees to have employees measured by a Clntas representative using garment "size samples ", A charge of $ ,1 Z_00 per garment will be assessed for employee's size changed within 4 weeks of installation. • Other: "If Company fails to resolve any material complaint within thirty (30) days of service of such written notice, Customer may terminate this agreement provided all rental Items are paid far at the then current replacement valms or returned to Company in good and usable condition." rnuu i 1[D JCRxll.4 VKUUUI 13 YKLUJIU: bee ROGenGUM nor non terms au or wrism are mCorporated nereln D this reverence. Bundle- Item k Description Rental Freq. Imentary Unit Price T foo p.o — Indicated bundled Irenli services J_ u _ Initial and check box If Unilease. All Garments will be cleaned by customer J_ a _ Initial and check box if receiving Unen Service. Company will take periodic physical inventories of Items in possession or under control customer. J_ a _ Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments Date for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase an direct embroidery. SUPPLIER: CIRTAS Cintas Loc. No. &a/o Please Sign Name: �`� Please Print Name: Title: C,�t�',rri,• et,rrrt,l CUSTOMER: CM OF SEAL BEACH, a charter city %d Please Sign Name: Please Print Name: i{ Ingram _ Please Print Title: Qty Manager Accepted -GM: i" ((- Email or) US Comm nlUes Participating Public Agencies Terms 1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreement with Lead Public Agency Hanford 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 wv�rvyscommunities.oro Supplier General Service Terms Section 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. Garments' Lack of Flame Retardant Or Acid Resistant Features Unless specified otherwise in writing by the Company, the garments supplied under this Agreement are not flame retardant or acid resistant and contain no special Flame retardant or acid resistant features. They are not designed for use in areas of flammability risk cur where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Company upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Agreement require flame retardant or add resistant clothing. 6. 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 cause or convenience, 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. 7. 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 induced 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. 8. Emblem Guarantee Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific ieentification (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. 9- In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates Mrs Agreement for cause or convenience, 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. 10. Terminating Employees Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or can 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 are returned to Company or in the alternative, Customer pays Company the value of same that are not returned at the then current Loss/Damage Replacement Values. 11. Replacement Except as otherwise provided in subsections (a) and (b) and Exhibit A, in the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, add, paint, ink, chemicals, or other extraordinary damage, the Customer agrees M pay for said Merchandise at the then current Loss /Damage Replacement Values. a. No payment for Loss /Damage Replacement Values shall be owed or paid by the Customer for general cuts, tears and damage to uniforms mused by normal hazards of the employee's work, and Company shall repair or replace all such uniforms without charge or cost to Customer. Reasonable wear of garments and other uniforms is anticipated and included in the prices set forth in this Agreement. Normal wear and tear includes minor repairs such as, but not limited to, button replacement, zipper replacement, and small tear patching. Tear patching must not be noticeable from any distance. b. Company shall replace garments that are damaged beyond repair by the employees in the week following the damaged garment being returned to Company. Customer's representative's determination whether the damage constitutes normal wear and tear, or extraordinary damage, shall be final. City's representative for this purpose shall be the Director of Public Works or hls /her designee. 12. Indemnifleation 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, liability, 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 or willful misconduct. Error! Unknown document property name. 13. 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. 14. Minimum Uniform Requirements. At the initial issue of uniforms to each employee, all clothing shall be new and unused. The Company will not provide any seconds or previously supplied clothing. The Company is responsible for measuring all Individuals covered by the Agreement, and shall guarantee proper fit at the time the uniforms are provided. 15. Complaints, Termination. Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager. If Company then fails to resolve any material complaint in a reasonable period of time. thirty (30) days of service of such written notice, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company In good and usable condition. 16. 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 this agreement, and subject to all of Its provisions. If this agreement is terminated early, 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 such are not cured as set forth above, or terminated by Company for cause at any time, Customer will pay Company, as liquidated damages and not as a penalty, the greater of 50% of the average weekly invoice total multiplied by the number of weeks remaining in the unexpired term, or buy back all garments and other products allocated to Customer at the then current replacement values. Customer shall also be responsible for any unpaid charges In Customer's account prior to termination. 17. Force Majeure. Neither Company or Customer shall be considered to be In default in the performance of Its obligations under this Agreement to the extent that performance of any such obligation is prevented or delayed by a force majeure event, including, but not limited to by way of example, acts of God, adverse weather conditions and other acts of nature, subsurface conditions, supply shortages, and /or not or civil unrest. 18. Return of Merchandise. At the time of any termination for convenience or termination for cause, Customer shall also return all of the Merchandise allocated to Customer or reimburse Company for such Merchandise at the then current Loss/Damage Replacement Values and for any unpaid and undisputed charges on Customers account Incurred prior to termination. 19. Foes and Costs due upon Termination. Except as otherwise expressly provided in this Agreement, no other fees, casts or damages of any kind shall be owed by Customer to Company for any termination for convenience or cause. 20. Notices. a. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To Customer: City of Seal Beach 2118th Street Seal Beach, California 90740 Attn: City Manager To Company: Cintas Address: IN99Z Fra...4i, Awe - T 'jam CA 97-7bo Attn; General Manager b. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 21. Assignment. Company shall not sell, assign or transfer any obligations resulting from this Agreement without the prior written consent of the City Manager. Any purported sale, assignment or transfer without such consent shall be void and without effect. 22. Modification. This Agreement may be extended or otherwise amended or modified only by a written Instrument signed by the City Manager of Customer and a duly authorized representative of Company. Error! Unknown document property name. RENTAL PROGRAM 4/22/2016 Cif® t d - - - _ -'_I_Actualusemayvary_I Thank yin forcuraVermg ClnmsJ City of Seal Beach SERVICE Addendum A u+d� _ • uniform rental (a 935 -xx)- comfort work Shirt •1 mv 225• Y• $0.150 - includes name &mmpanyemblem $33.75 (a 945 -xx) - comfort work pant 1 103 $0.180 $18.54 Coverall 1 22 $0.270 includes name &company emblem $5.94 Dungaree 1 68 $0.400 $27.20 270 Cargo Pant 1 9 $0.280 $2.52 370 Cargo Short 1 4S $0.300 $13.50 Carhartt FR Shirt 1 2 $0.550 includes name & company emblem $1.10 Carhartt FR Pant 1 2 $0.540 $1.08 uniform rental subtotal: - - - -- - - -- - - - - -- - - - - -- - - --- - - - -- - -- -- - -- - -- -- -- - "— -, iO3:63 • facility, services Shop Towel 100 $0:060 notes weekly total $6:00, facility services subtotal:_ - —.. - --- - --° - -- -- .- -- - - -. ` -- - -- - -- -.__ -- - -- - --- -$6.00 �- service char e - -- - -" -- 0 ` - $&000 0.00 WE SERVE EACH CUSTOMER WITH THE, 'r „yJI iIJAND THE( THEY- DESERVE -AND VALUE. - - - -- - $109.63 ' • • - • Program 1 ruiudes pddRionai Benefits j employee name emblem $114 Personalized Measuring and Fitting Local customer Service Support. t company printed emblem P Y P $ 2.50 Upgrades and Replacements -NO Charge. Minimise day today management and employee I i company embroidered emblem $2.50 • New Employees started on request . Repairs -No Charge. involvement. Fre que nt uniform replacement. I garment prep /sizing /hemming /alteration $1.52 size premiums (special cut, 3xl +, 46x34 or larger) $0.15 • Stop employees discontinued on request. • Weeklylnventory Check Sheet • No upfront investment. • one week turnaround for new employees r . 'kriciri based on'indu3- Standard service terms &ronditibns' ____.. � ”. _._ -._ Grant Bauer Cintas Corporation (714) 639.0744 - fax 14792 Franklin Ave (818) 269.6096 - cell t� Tustin, CA 92780 bauerg @cintas.com Tr.sr m. T..m with th. wha. Truck '• http: / /www.cintas.com