HomeMy WebLinkAbout95-13 RESOLUTIONRESOLUTION NO.95-13
A RESOLUTION AUTHORIZING A CONTRACT WITH CINTAS
CORPORATION, PURSUANT TO A COOPERATIVE PURCHASING
AGREEMENT THROUGH THE U.S. COMMUNITIES GOVERNMENT
PURCHASING ALLIANCE, FOR THE RENTAL OF UNIFORMS, MATS,
MOPS AND OTHER ITEMS THROUGH MARCH 31, 2015, WITH TWO
ADDITIONAL TWO YEAR RENEWAL OPTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a
contract with Cintas Corporation, pursuant to a cooperative purchasing agreement through the
U.S. Communities Government Purchasing Alliance, for the rental of uniforms, mats, mops and
other items through March 31, 2015, with two additional two year renewal options.
PASSED and APPROVED this 7'' day of May, 2013.
APPROVED:
H
ATTEST:
By:�_
SONDRA E. SMITH, City Clerk/Treasurer
o`°ARK rT Rt � 0"
• F
^�; FAYETTEVILLE'
'�q � RkRNSP•' �'=
City of Fayetteville Staff Review Form
Andrea Foren
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
5/7/2013
City Council Meeting Date
Agenda Items Only
Purchasing
Division
Finance & Internal Services
Department
Action Kequirea:
Award a facilities solutions contract with Cintas Corporation for the rental of uniforms, mats, mops, and other items
on contract based on the cooperative contract through US Communities, Government Purchasing Alliance. The initial
contract term will be through March 31, 2015 with automatic renewal options for two additional two year periods, for a
total possible contract through March 31, 2019.
N/A $ 379,103.00 Uniforms / Personal Equipment
Cost of this request Category / Project Budget Program Category I Project Name
Various Departments - 5302.00 $ 79,477.97 Uniforms / Personal Equipment
Account Number Funds Used to Date Program I Project Category Name
N/A $ 299,625.03 Various Funds
Project Number Remaining Balance Fund Name
Budgeted Item 0 Budget Adjustment Attached
—�,A Q ` Ict - i�'}1 Previous Ordinance or Resolution #
Department Director Date
Original Contract Date:
Original Contract Number:
Cit ey Date
Finance and Internal Services Director Date Received �PJIQIY? _ 13 P 04 V
Clerk's Office
5- /
-;- - f Le
Date QP
Received in
Mayor's Office
v�
D e
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
RKA
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council and Mayor Lioneld Jordan
Thru: Paul Becker, Finance and Internal Services Director p
From: Andrea Foren, CPPB, CPPO, Purchasing Agent
Date: Friday, April 19, 2013
Subject: Award of cooperative contract with Cintas Corporation through US Communities
PROPOSAL:
Staff recommends award of a facilities solutions contract with Cintas Corporation for the rental of uniforms,
mats, mops, and other items on contract based on the cooperative contract through US Communities,
Government Purchasing Alliance. The initial contract term will be through March 31, 2015 with automatic
renewal options for two additional two year periods, for a total possible contract through March 31, 2019.
RECOMMENDATION:
U.S. Communities Government Purchasing Alliance is a government purchasing cooperative that reduces the
cost of goods and services by aggregating the purchasing power of public agencies nationwide. This allows the
City of Fayetteville to have access to a broad line of competitively solicited contracts with best in class national
suppliers.
Due to the nature of various City jobs, rental uniforms, mats, and mops are provided to various divisions and
Departments. The City is exiting from a current contract due to expiration of a five year contract term, ending
in July 15, 2013.
Cintas was awarded a facilities solutions contract in April of 2012. This US Communities contract will allow
the City access to national pricing which is secured by a high level of customer service, which is an important
factor to insure employees have clean, safe, and presentable uniforms on a daily basis. Prices will vary based
on uniform selected by each department or division after contract award.
Attached is the Cintas Corporation Master Agreement and Amendment 1 with Harford County Public Schools,
Maryland, who served as the lead agency on the master competitive solicitation.
BUDGET IMPACT:
The facility solutions items, such as uniforms, mats, mops, etc. are budgeted within each division of the City.
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT WITH CINTAS
CORPORATION, PURSUANT TO A COOPERATIVE PURCHASING
AGREEMENT THROUGH THE U.S. COMMUNITIES GOVERNMENT
PURCHASING ALLIANCE, FOR THE RENTAL OF UNIFORMS, MATS,
MOPS AND OTHER ITEMS THROUGH MARCH 31, 2015, WITH TWO
ADDITIONAL TWO YEAR RENEWAL OPTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a
contract with Cintas Corporation, pursuant to a cooperative purchasing agreement through the
U.S. Communities Government Purchasing Alliance, for the rental of uniforms, mats, mops and
other items through March 31, 2015, with two additional two year renewal options.
PASSED and APPROVED this 76 day of May, 2013.
APPROVED:
61
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
MASTER AGREEMENT:
By and between:
HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND
102 S. Hickory Avenure
Bel Air, MD 21014
AND
Cintas Corporation
6800 Cintas Blvd.
Mason, OH 45040
Contract #12-JLH-011C
THIS MASTER AGREEMENT made and entered into this 1st day of April, 2012, by and between Harford
County public Schools, Maryland (hereinafter referred to as "School District", "HCPS", or "District"), and
Cintas Corporation, a corporation authorized to conduct business in the State of Maryland (hereinafter
referred to as "Supplier").
This agreement is made on behalf of Harford County Public Schools, Maryland and other participating
governmental agencies, through the U.S. Communities Government Purchasing Alliance.
WITNESSETH:
WHEREAS, pursuant to a request by the District, Supplier has submitted a proposal to provide a master
agreement for a National Award covering the following: furnish, supply and deliver facilities solutions
including the rental and service of uniforms, mats, mops and towels, and other related products and
services in accordance with the scope, terms and conditions of Request for Proposal, RFP #12-JLH-011,
addenda, amendments, appendices and related correspondence. The Request for Proposal is
incorporated in its entirety and included as part of this agreement.
WHEREAS, HCPS desires to engage Supplier to perform said services; and
WHEREAS, HCPS and Supplier desire to state the terms and conditions under which Supplier will provide
said services to Harford County Public Schools (Lead Agency) and participating public agencies who have
registered with U.S. Communities.
NOW, THEREFORE, in consideration of the mutual covenants, condition and promises contained herein,
the parties hereto agree as follows:
A. Services: Supplier will provide Facilities Solutions as detailed in the referenced RFP and related
services for HCPS in its response to the heretofore referenced RFP to HCPS, which is attached
hereto and incorporated herein as a part of this Master Agreement.
R. Term: The initial term of this Master Agreement shall be three (3) years from on or about
April 1, 2012. This Master Agreement may then be renewed by mutual written agreement of
the parties for two (2) additional, two (2) year periods.
C. Compensation: HCPS agrees to pay and Supplier agrees to accept as compensation for the
products provided pursuant to this Master Agreement, the following:
I. The price proposal set forth in the best and final RFP Response, dated March 15, 2012 and
marked Amendment 1.
D. Invoicing: Supplier agrees to invoice HCPS as deliveries are completed or charge purchases to
an authorized HCPS Visa credit card. Invoices shall be delivered to HCPS accounts payable. Each
invoice shall include — as applicable — the following data: Item Number, Purchase Order Number,
item Description, Quantity purchased, Unit Price, Extended price and Delivery location. All
purchase orders will be invoiced separately. Each invoice submitted by Supplier shall be paid by
HCPS within thirty (30) days after approval. The Supplier has agreed to accept payment via a
procurement credit card (i.e. Visa, MasterCard, etc.) which is the preferred method of payment.
E. Insurance: Supplier shall maintain at its own cost and expense (and shall cause any
Subcontractor to maintain) insurance policies in form and substance acceptable to HCPS as
detailed in the Request for Proposal.
F. Termination of Contract: This contract may be terminated as per the General Information of
the RFP, Section 1, K (page 5) and General Requirements, Attachment G, VIII (page 85-86).
G. Notification: Notices under this Master Agreement shall be addressed as follows:
Jeffrey LaPorta, Supervisor of Purchasing
Harford County Public Schools
102 S. Hickory Avenue
Bet Air, MD 21014
Supplier: Cintas Corporation
Attn: Craig Jackson, Senior Global Account Manager
Address: 6800 Cintas Blvd
Mason, OH 45040
Phone: 513-459-1200
The effective date of any notice under this Master Agreement shall be the date of receipt by the
addressee. The failure of either party to give notice of default, or to strictly enforce or insist
upon compliance with any of the terms or conditions of this Master Agreement, the waiver of
any term or condition of this Master Agreement, or the granting of an extension of time for
performance shall not constitute the permanent waiver of any term or condition of this Master
Agreement. This Master Agreement and each of its provisions shall remain at all times in full
force and effect until modified by the parties in writing.
H. Governing Law: This contract shall be interpreted under and governed by the laws of the State
of Maryland. Disputes will be settled as per the stipulations contained within the Request for
Proposal.
Incorporation of Appendices: All provisions of Appendices and Amendments are hereby
incorporated herein and made a part of this Master Agreement. In the event of any
2
apparent conflict between any provisions set forth in the main body of the Master Agreement
and any provision set forth in the Appendices and Amendments the provisions shall be
interpreted, to the extent possible, as if they do not conflict. In the event that such an
interpretation is not possible, the provisions set forth in the main body of this Master
Agreement shall control.
J. Entire Master Agreement: This Master Agreement including the entire RFP solicitation and the
Appendices attached hereto contain all the terms and conditions agreed upon by both parties.
No other understandings, oral or otherwise, regarding the subject matter of this Master
Agreement shall be deemed to exist or to bind any of the parties hereto. Any agreement not
contained herein shall not be binding on either party, nor of any force or effect. The revised
Best and Final Offer contained within Amendment 1 is also included and becomes part of the
Master Agreement.
K. Participating Public Agencies: Supplier agrees to extend the same terms, covenants and
conditions available to HCPS under this Master Agreement to other government agencies
("Participating Public Agencies") that, in their discretion, desire to access this 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 ordering, delivery, inspection, acceptance, invoicing, and payment for
products and services in accordance with the terms and conditions of this 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.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT IN THE YEAR AND DAY AS
NOTED:
HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND y
by
Superi to dent of Schools Date
by Olt
Date
President
Attest:
�i;W'5�
Cintas Corporatio
by
Senior §16bal Acr4bunt Manager Date
Attest: � .et-i�� ` 'C 4 .� .23
To access pricing information, please use your login at www.uscommunities.org.
Robert M. Tombrck, Ph.D., SupertntervdEnt of Schools
102 5, Hrckory Avenue, Sell Air. Maryland 21014
Office: 410-83a-7300 • vvww.hcps.org • fax.. 410-893-2478
Purchasing Office
Jeffrey LaPorta, Supervisor of Purchasing
P.410.638.4083
HARFORD COUNTY PUBLIC SCHOOLS
CONTRACT AMENDMENT #1
RFP# 12-JLH-011
FACILITIES SOLUTIONS
This amendment dated November 12, 2012 (hereinafter "Execution Date") is entered into between
CINTAS CORP, a corporation organized and existing under the laws of the State of Nevada with its
principal office located at 6800 Cintas Boulevard, Cincinnati, Ohio 45262-5737, or any of its subsidiaries,
successors and assigns, and Harford County Public Schools, Maryland with its principal office located at
102 South Hickory Avenue, Be[ Air, MD 21014 or any of its subsidiaries, successors and assigns. This
document amends the Master Agreement #12-JLH-011C signed by the parties April 1, 2012.
The Parties hereby further agree as follows:
CINTAS may provide to Harford County Public Schools and other participating public agencies who have
registered with U.S. Communities any product or service in its enterprise not specifically referenced in
the RFP # 12-JLH-011. Pricing for such products or services shall be maintained at a discount of no less
than 10%on national voluntary book pricing. Where no national voluntary book pricing exists, local book
pricing with a discount of no less than 10% shall prevail.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the Execution Date.
HARFORD COUNTY PUBLIC SCHOOLS
By:
Title: e „ (-,..J.` r�AkCC�J+`��" �
Date:
Location No.
Contract No.
FACILITIES SOLUTIONS AGREEMENT
Customer No.
Date
Customer/Participating Agency Phone
Address City State Zip
UNIFORM PRODUCT RENTAL PRICING:
Itam # I Descrintion Unit Price
• This agreement is effective as of the date of execution of this document through . All requests for price onanges must oe jusunea ana
based upon verifiable criteria which may include the Bureau of Labor Statistics Consumer Price Index (CPI-U).
• Name Emblem $ ea • Company Emblem $ ea
• Customer Emblem $ 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 $ Ea.
• Minimum Charge $ per delivery.
• Make -Up charge $ tier 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.
Shop towel container $ per week.
• Artwork Charge for Logo Mat $
Uniform Storage Lockers: $ eatweek, Laundry Lock -up: $ ealweek Shipping: $
• Service Charge $ per delivery.
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 issues, 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 Cintas representative using garment "size samples". A charge
of $ per garment will be assessed for employees size changed within 4 weeks of installation.
FACILITY SFRVICES PRODUCTS PRICING:
Bundle* Item # Description Rental Fre Inventor Unit Price
*Indicated bundled items/services
f_ ,❑ Initial and check box if Unilease. All Garments will be cleaned by customer
Date
_1_0 — Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control
Date customer.
_1_❑ _ Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments
Dale 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.
CUSTOMER:
Cintas Loc.
By:
Title:
Accepted -GM:
Please Sign Name
Please Print Name
Please Print
Em
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US Communities 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 Harford 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 to 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 www.uscommunities.org
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 or 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 acid 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 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.
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 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.
8. 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.
9. 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.
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 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.
11. 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,
12. Indemnification To the fullest extent permitted by law, Contractor 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 Contractor under this Contract, but only to the extent of Contractor's negligence.
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. 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, for
non-payment by Customer will pay to Company, as liquidated damages 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 liquidated damages 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 liquidated
damages equal to 36 weeks of rental service.
1f this agreement is cancelled for convenience in months nineteen (19) through twenty-four (24) of the term, Customer shall pay as
liquidated damages equal to 23 weeks of rental service.
1f this agreement is cancelled after 24 months of service, Customer shall pay as liquidated damages 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.
R5-l3
Zay e �y*iilie
-t AS
MEMO
To: Mayor Lioneld Jordan
Thru: Paul A. Becker, Finance and Internal Services Director V0.1b
From: Andrea Foren, CPPB, CPPO, Purchasing Agent)5p
Date: Friday, May 24, 2013
Reference: Resolution## 95-13
PROPOSAL:
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
On May 07, 2013, the City Council approved the City to contract with Cintas Corporation for the rental of
uniforms, mats, mops, and other items on contract based on the cooperative contract through US Communities.
This was approved through Fayetteville City Council Resolution 495-13.
The facilities solution agreement could not be completed in full until after the resolution was passed by the City
of Fayetteville. It was not until after the resolution that staff and administration made decisions as to which
items would be rented.
A blank copy of the Facilities solutions agreement was included with the original City Council packet that went
when the original resolution was passed. A revised copy of the facilities solutions agreement, complete with
pricing, is attached to this memo and needs signature from Mayor Jordan.
CIWTAs
FACILITIES SOLUTIONS AGREEMENT
CustornerlParticipatingAf}ettcy r o a 6iaeW
he -
Location No. 0(as
Customer No.
Date — 1 3
Phone y 74 - S-75-9ZZ D
Address WA W Matj'4AVL" - -- cfty&qgstateL-AFL zip-292o i
uuCr%m&A oonMi if'T CCAITAI D92I11IAIT=-
vItem #'
—_ — — Description
Unit Price
3
tM r. w' i ag&yab•
=
Z70
c PdN�s
3�
• This agreement Is effective as of the date of execution of tnis document tnrougnj - c&vb_. All requests rut p"ue c mnutm Iiwsi uC iusuueu ai to
based upon verifiable criteria which may Include the Bureau of Labor Statistics Consumer Price Index (CPI-U).
• Name Emblem $ i -50 ea a Company Emblem $?� -50 —ea
• Customer Emblem $ ea • Embroidery $ ea
• COO Terms $ — —per week charge for prior service (I( 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
+ Minimum Charge $ _per delivery.
• Make -Up charge $ 1. SO per garment.
• Non-SlandardlSpecial Cut Garment (i.e., non-standard, non -stocked unusually small or large sizes, unusually short or long sleeve or length, etc.)
Premium $ _ • f S 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 dean up oil or solvent spills.
Shop towel container $ — per week.
• Artwork Charge for Logo Mat $
• Uniform Storage Lockers: $ eatweek, Laundry Lock -up: $ eaMeek Shipping: $
• Service Charge $ __per delivery.
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 issues, 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 Cintas representative using garment "size samples". A charge
of $ per garment will be assessed for employees size changed within 4 weeks of installation.
• Other
P ACII ITY SFRVICFS PROr)I ICTS PRICING•
Bundle'
Item #
Description
Rental Fre .
Inventory
Unit Price
Lixto me.*
w
AN
2•
x 110 yVkC'1*
W
Avvy
Z. g
ek
Avwy
d - 3
ej Shop w
wAviv
.0(0
rr►UP,
Ar
.00
'Indi d bundled Itemarservlces
`l_ Initial and check box if Unilease. All Garments will be cleaned by customer
Date
_!! ❑ _ Initial and check box if receiving linen Service. Company will take periodic physical inventories of items in possession or under control
osro customer.
!_❑ _ Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments
Diu direct embroidery for any reason, or terminates this agreement for any re son or fai renew this agreement, Customer will purchase
all direct et>briudered garme is at the time they are removed ai the nt rrecement values.
CUSTOMER:
Cintas Loc. No: 3 Please Sign Nam '
By: /'•nn" Please Print Name
Title: 5*.ko R#.?
Accepted -GM:
US Communities 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 Harford 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 exchmivcly 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 to 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 www.uscommunities.org
Supplier General Service Terror Section
3. Prices Customer agrees to tent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services
described an 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 Agm ertteny or terminates the Agreement for any reason other than documented quality of service reasons which are not awed,
Customer agrees to buy bade all remaining iron -standard products allocated to Customer that the Company has in service and out of service
at the then current Loss(Damage Repla memt 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 flare 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 or 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 acid 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, terminate 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 LosslDarnage Replacement Value.
7. Adding Employees Additional employees mud 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 Mercbanclise 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 shalt riot pay Company any one-time
preparation The for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for
now artWot company emblems when employees arc added to the program in garments mquirixg emblems,
8. Emblem Guarantee Customer has requested that Company supply emblems designed exclusively for Customer featuring Customers logo
or other specific identification (hereinafter "Customer Emblems"). Company will maintain a sufficient quantity ofGustomer Emblems in
inventory to provide for Customers 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 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.
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 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 bar only after all garments issued to drat individual, or value of same at the then current L.os (DamW
Replaccmem Values, are returned to Company.
11. 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.
12. Indemnification To the fullest extent permitted by law, Contractor 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 Contractor under this Contract, but only to the extent of Contractor's negligence.
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. 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 mason other than doamrentod quality of service remwns which are not cured, for
non-payment by Customer will pay to Company, as liquidated damages 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 liquidated darnagcs equal to 50
weeks of mil service.
If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the tern, Customer shall pay as liquidated
damages equal to 36 weeks of rental service.
Andrea Foren
Submitted By
City of Fayetteville Staff Review form
City Council Agenda Items
and
Contracts, Leases or Agreements
NIA, Mayor's Signature
City Council Meeting Date
Agenda Items Only
Purchasing
Division
Action
Finance & Internal Services
Department
On May 07, 2013, the City Council approved a Resolution with Cintas Corporation for the rental of uniforms, mats,
mops, and other contracted items via Resolution 95-13. Staff recommends agreeing to the attached Addendum to
the US Communities Government Purchasing Alliance contract with Cintas Corporation to allow the Fayetteville Fire
Department to rent fire resistant Nomex uniforms for on -duty use.
NIA
Cost of this request
$ 379,103.00
Category / Project Budget
Various Departments - 5302.00 $
Account Number
N/A
Project Number
Budgeted Item l
79,477.97
Funds Used to Date
299,625.03
Remaining Balance
Budget Adjustment Attached
40—A Q . ��1 7-tt-zav3
Department Director Date
K�z
Zplf�Attorney Date
�S 0h- k.` -7 -1 t - za t 3
Finance and Internal Services Director Date
-7- II-Lai-b
IComments: o _ A f1
Uniforms / Personal Equipment
Program Category / Project Name
Uniforms / Personal Equipment
Program / Project Category Name
Various Funds
Fund Name
Previous Ordinance or Resolution # � 5-,13
Original Contract Date:
Original Contract Number:
Received in City 07 -1 1-1 3 Al 0: 5 0 R C V a
Clerk's Office
Received in EN En
Mayor's Office �� i
Revised January 15, 2009
Z•
ay1e1,t,ev111e
ARKAN5A5�
STAFF REVIEW MEMO
To: Mayor Lioneld Jordan
Thru: Paul A. Becker, Finance and Internal Services Director Q kb
From: Andrea Foren, CPPB, CPPO, Purchasing Agent
Date: Thursday, July 11, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: Addendum to Facilities Solutions Agreement with Cintas Corporation through US Communities
Reference: Resolution 95-13, signed May 07, 2013
PROPOSAL:
Staff recommends Mayor's signature for the attached Addendum to the Facilities Solutions Agreement.
Signature of this Addendum will allow the City to rent flame resistant garments on the Facilities Solutions
Agreement with Cintas Corporation through US Communities, Government Purchasing Alliance. The City
Council granted permission to purchase from this Facilities Solutions Agreement on May 07, 2013 via
Resolution 95-13.
RECOMMENDATION:
U.S. Communities Government Purchasing Alliance is a government purchasing cooperative that reduces the
cost of goods and services by aggregating the purchasing power of public agencies nationwide. This
Addendum will allow the City of Fayetteville to rent flame resistant garments. The initial intent is for the
Fayetteville Fire Department, but could possibly be needed by other departments.
Cintas was awarded a facilities solutions contract in April of 2012 with US Communities. This US
Communities contract allows the City access to national pricing which is secured by a high level of customer
service, which is an important factor to insure employees have clean, safe, and presentable uniforms on a daily
basis.
The attached Addendum needs Mayor Jordan's signature to allow rental of the flame resistant garments. Due to
up from cost from Cintas Corporation, this addendum locks the City into paying a minimum 70% of the initial
invoice amount through May 07, 2016.
BUDGET IMPACT:
Funds are available in the budget of the Fayetteville Fire Department. Uniforms are only be rented or
purchased in the event budgetary funds are available.
TO:
RKANSAS
Departmental Correspondence
MEMORANDUM
LIONELD JORDAN, MAYOR
DAVID DAYRINGER, FIRE CHIEF
DON MARR, CHIEF OF STAFF
PAUL BECKER, FINANCE DIRECTOR
PEGGY VICE, PURCHASING DIVISION
ANDREA FOREN, PURCHASING DIVISION
CC: KIT WILLIAMS, CITY ATTORNEY
FROM: JASON B. KELLEY, ASST. CITY ATTORN
DATE: JULY 11, 2013
go
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
RE: INDEMNITY LANGUAGE REQUIRED BY CINTAS FOR CERTAIN FIIRE
RESISTANT GARMENTS I l
The enclosed contract addendum contains indemnity language which` does riot
conform to the City's contract policy. In discussing this situation with Andrea lin
Purchasing, I am aware that Cintas is unwilling to amend or waive this provision. It is a
decision of the Administration as to whether the City will enter into this agreement. My
duty is to advise you of this situation. It is disheartening that Cintas will provide flame
resistant garments so long as we agree not to hold them accountable if they are
insufficiently flame resistant.
Secondly, this agreement requires the City to notify all employees who will be
wearing these garments "that the garments are not designed for long term high heat
exposure or for use around open flames and that no representation is made gas to the
garment's ability to protect users from injury or death." If one has not already been
created, we will need to have a written notice prepared for each employee to sign before
picking up garments.
I
RMRF(SSIOttAtI
Addendum To Facilities Solutions Agreement
Flame Resistant Garments
Cintas Corporation agrees to provide services to the agreed upon locations of City of Fayetteville
as governed by the Facility Solutions Agreement entered into on 3OU ACG--by and between
Cintas Corporation and City of Fayetteville . Both parties agree to the Yerms below.
• Customer bears full responsibility for selecting the fabrics under this agreement. Customer
acknowledges that Company has made no warranty or covenant with respect to the flame -resistant
qualities of the fabrics or garments or with respect to the fitness or suitability of the fabrics or garments
for this purpose. Customer acknowledges that numerous manufacturers market fabrics represented to
be flame -resistant. Company makes no independent representation as to the flame -resistant qualities of
the fabric selected by Customer as compared to other available fabrics or fabrics which may become
available in the future. Customer agrees to notify all employees of Customer who will be wearing the
flame -resistant garments that the garments are not designed for long term high heat exposure or for
use around open flames and that no representation is made as to the garment's ability to protect users
from injury or death.
• Customer hereby agrees to defend and hold harmless Company from any claims and damages arising
out of or associated with this agreement, including any failure of the garments to function as flame
resistant. Further, Customer releases Company from any and all liability that results or may result from
the failure of the garment to function as flame resistant.
• In consideration of the sizeable investment Company is making in flame -resistant garments, Customer
guarantees Company minimum weekly revenue equal to 70% of the initial invoice; provided, however,
the minimum weekly revenue amount will increase by an amount equal to 70% of any increases in the
weekly invoice. This will apply from May 7 2013 through May 7 2016.
Example. If the highest weekly invoice total for the Fire Department runs $500, the lowest weekly total
can't go below $350. That equals the 70%.
4R tvleo_
Mike Ramm, Uniform Sales Rep
Date
Date
RESOLUTION NO.95-13
A RESOLUTION AUTHORIZING A CONTRACT WITH CINTAS
CORPORATION, PURSUANT TO A COOPERATIVE PURCHASING
AGREEMENT THROUGH THE U.S. COMMUNITIES GOVERNMENT
PURCHASING ALLIANCE, FOR THE RENTAL OF UNIFORMS, MATS,
MOPS AND OTHER ITEMS THROUGH MARCH 31, 2015, WITH TWO
ADDITIONAL TWO YEAR RENEWAL OPTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a
contract with Cintas Corporation, pursuant to a cooperative purchasing agreement through the
U.S. Communities Government Purchasing Alliance, for the rental of uniforms, mats, mops and
other items through March 31, 2015, with two additional two year renewal options.
PASSED and APPROVED this 7"' day of May, 2013.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE;W=
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