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HomeMy WebLinkAbout2023-097 PO 20240067- Cintas Corp. #3 CITY u Purchase Order • ,� ear2024 Page:Fiscal Ye Pa e: 1 of: 1 MCA* .E lgWs'JJII -010 �i E B City of Ashland — — __ L _ATTN: Accounts Payable Purchase Ashland, L Main 20240067 AOR 97520 ! Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us ✓ H C%O Fleet/Shop Division E CINTAS CORPORATION NO 3 I 90 North Mountain Ave N PO BOX 650838 p Ashland, OR 97520 DALLAS, TX 75265-0838 Phone: 541/488-5358 - O T Fax: 541/552-2304 . R. - O . • TT i1SCF1Sli7lj]u + Pe=13 e[al�=..=�`_4�€1_€eF�l _____[:_i@Vele_ i°1�___ =� _.. —11 ii zTi.1e AZ71Cc7i=i® Mike Morrison -- eRf FE3d- .4Wl beteltaIle§leIz1Egrilarl,-.4® .sem ae=][=1 I�t�l �€i=i=i ce=1€=€[- __€_ _ ='fiarigie_I=i J.at-= [e€ _ • 08/08/2023 3766 -.. Cit Accounts Pa able 07•e:A[ e__ 41 ti1_ mi—aCEi-- � ��l a�fCe= Carhartt Uniform Lease Program 1 Carhartt Uniform Rental Program 1.0 $4,000.00 $4,000.00 FY•24- Esimate$4,000 Z' Goods,and Services Agreement($35,000 or Less) Completion date: April 30, 2026 (3-Year Term) Project Account: • • 2 FY 25- Estimate$4,000 0 1.0 . $4,000.00 $4,000.00 Project Account: 3 FY 26-Estimate $4,000 . • 1.0 $0.01 $0.01 Project Account: *************** GL SUMMARY*************** , I 086500-60130047 $8,000.01 - I • • • • By ,:I C r { r � � Date: [ - r � Q U h: Ized Sig ..ture $8,000.01_ { r FORM #3 CITY OF • ''e97 -ASH LAN D A request fol; a-Purclase %„Ifel d REQUISITION / Date of request: . 03/21/2023 Required date for delivery: r Vendor Name CINTAS CORPORATION j,I Address,City,State,Zip • & . ��Lfff Contact Name&Telephone Number ANGELA MILLER 541-601-9834 Email address .1. 1 (y-2 • MillerAN2@cintas.com t, (� ,Z SOURCING METHOD y • ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: - 'Date approved by Council: 0 Form#13,Written findings and A t rization . • ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement - Not exceeding$5,000 Date approved by Council: ❑ State of Oregon • ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington, Date approved by Council: - Contract# . (Attach copy of council communication) ❑ Other government agency contract - Intermediate Procurement ■❑ Sole Source Agency GOODS&SERVICES ■❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 I] Written quote or proposal attached• Intergovernmental Agreement • ❑ "(3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: Date Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written.proposals&solicitation attached •❑ Form#9,Request for Approval • ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ .Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: / • Valid until: • (Date) Description of SERVICES ' • • TOTAL COST . ! O t AI€ _E=GhTA� ROCI A 1 ,.. Item# Quantity Unit • , Description of MATERIALS Unit Price Total Cost APRIL 2023-MARCH 2024 Est.$4,000.00/Year MI $4,000.00 APRIL 2024-MARCH 2025 Est.$4,000.00/Year $4,000.00 . . APRIL 2025-End date/APRIL 30,2026 Est.$4,000.00/Year $4,000.00 ❑ Per attached quotelproposal • TOTAL COST Project Number _ • Account Number 0 a 6 5 0 0- / /1/119 .. 12 Project Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures, - IT Director in collaboration with department to approve all hardware and software purchases: . IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: Z/ %. ;( ::::-- Department Head: l ►wr*lam ..4-Z3 -ial to or greater than$5,000) Department Manager/Supervisor: - City Manager: • (Greater than ,000) Funds appropriated for current fiscal year: ES 0' Ma f ,..-- 1/017,72.3( . - Finance Director-(Equal org eaterthan$5,000) . Da Comments: I Form#3-Requisition ' • GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) • PROVIDER: Cintas Corporation CT T Y OF CONTACT: Angela Miller,Key Account Manager ASHLAND 20 East Main Street ADDRESS: 2406 Antelope Road, White City, OR 97503 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: 541-601-9834 Fax: 541/488-6006 EMAIL: MillerAN3nuicintas.com ' This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City and •Cintas Corporation, (a foreign business corporation) ("hereinafter"Provider"), for Carhartt Workwear Rental Program. 1. PROVIDER'S OBLIGATIONS • 1.1 Provide Carhartt Workwear Rental Program for fleet staff as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference, incorporated herein as Exhibit A. The services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred • to as"Work." , S 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. • 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General, or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "oc'currence" and not a"claims made" form, and shall: S • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision. of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been • • issued to each,provided that the'policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; S • Provider shall immediately notify the City of any change in insurance coverage •. Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Cintas Corporation 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of • federal and state civil rights and rehabilitation statutes, rules and regulations: Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation.'made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and,other federal nondiscrimination laws. 1.6 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall.pay Provider per the attached PRICING AGREEMENT dated 02/15/2023 as specified in the SUPPORTING DOCUMENTS and attached as Exhibit A. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$12,000.00(twelve thousand dollars)without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges • that no other person has, authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official•mustbe in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as • provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. ' 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. • • 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. . 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement.• Page 2 of 6: Goods and Services'Agreement between the City of Ashland and Cintas Corporation . • • .4 This Agreement embodies the full and complete•understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. • 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235: • 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation.of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unlessexclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any'and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue, transferred, as appropriate, so as to effectuate this choice of venue. Any dispute arising under this. agreement shall be determined on an individual basis,shall';be considered unique as to its facts,and shall • not be consolidated in any arbitration or other proceeding with any claim or controversy or any other party. • . 3.8 Provider shall defend,save,hold harmless and indemnify.the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of,or relating to the negligent a,ctivities of Provider or its officers, employees,-contractors, or agents under this Agreement. If the damages, injury, loss or claim is caused by the negligence of both parties, the apportionment of Said damages, injury, loss or claim shall be • shared between both parties based upon the comparative,degree of each party's negligence and each party shall be responsible for its own defense and its own'lcosts including but not limited to the cost of defense, attorney's fees and witness' fee and expenses incident thereto. . •3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. . • 3.10 If any'provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, .such'provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,;preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. • 3.11 Deliveries will be.F.O.B destination..Provider shall pay all transportation and handling charges for the Goods.Provider is responsibleand liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defect's,fraud, and warranties. •3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not(affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). • Page 3 of 6: Goods and Services Agreement between the.City of Ashland and Cintas Corporation ' . ` • ' f 3.13 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 agentsin their applicable work environment(s). CUSTOMER ACKNOLEDGES THAT COMPANY HAS MADE NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE FLAME-RESISTENT 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 FOR 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 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 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 negligent claims and damages arising out of or associated with this Agreement or resulting from Customer's or its employees use of • the FRC. . 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • The Provider's complete written PRICING AGREEMENT dated February 15, 2023, attached as Exhibit A. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall. be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. Inthe event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,.and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or . for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. • Page 4 of 6: Goods and Services Agreement between the City of Ashland and Cintas Corporation • • 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective'from the date of executioh on behalf of the City as set forth below (the "Effective Date") and shall continue in full force and effect until April 30, 2026 (36-Month Agreement), unless sooner terminated as provided in Subsection 6.2. 6.2 Termination • 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may., upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause,by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: • City of Ashland—Fleet Maintenance Department Attn: Wes Hoadley • • 20 E.Main Street . Ashland, Oregon 97520 • Phone: (541) 552-2355 With a copy to: • City.of Ashland-Legal Department 20 E.Main Street • • Ashland, OR 97520 . • Phone: (541)488-5350 If to Provider: Cintas Corporation 1 Attn: Angela Miller . . • 541-601-9834 • • 8. WAIVER OF BREACH • One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequerit breach,whether or not of the same nature. • . 9. PROVIDER'S COMPLIANCE WITH TAX LAWS • 9.1 Provider represents and warrants to the City that: • 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; Page 5 of 6: Goods and Services Agreement between the City of Ashland and Cintas Corporation (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with.' (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, cliarter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names ' by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: CINTAS CORPORATION: By: < By: gnature g • r tn-y Laura Zirfas Printed Name Printed Name Po to,207. y Otgottra.—. Public Sector Major Account Manager Title ' Title •°( 2 � 7/13/2023 Date Date Purchase Order No. (W=9 is to be submitted with this signed Agreement) • Approved as to form: 4.19.23 • Assistant City Attorney . • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Cintas Corporation • • EXHIBIT A . . CiNfAS . FACILITIES SOLUTIONS AGREEMENT Location No. 178 • Contract No. t.• Customer No. . CC#13779—agreement#210926207" . ., ' '-'•••,GPO CC#13779—GPO Agreement#210926701 • • • Date 2/15/2023 Customer/Participating Agency City of Ashland Phone 541.488.5324 Address 90 N Mountain Ave City Ashland State' OR Zip 97520 • UNIFORM PRODUCT RENTAL PRICING: • • • Item# Description . Unit Price 74533 • " CARHARTT Rugged flex work pant .45 00396 : CARHARTT Rugged Flex Workshirt • , ' 43 00391 • CARHARTT FR 7oz COVERALL .90 . ' • r • �jd s-►L®k14�9�— t ate- ' • This agreement is effective as.9f date of execution for a term 0 esenthsfrom the date of instar t • Name Emblem $ ea •Company Emblem $ 2.25 ea • Customer Emblem $ '2.50 ea •Embroidery • $ 5.00• ea • ' " • COD Terms $ N/A per week charge for prior service(if Amount Due is Carried to Following Week) • • • Automatic Lost Replacement Charge: Item • N/A %of Inventory $__ • Ea. 1 • Automatic Lost Replacement Charge: Item NIA • %of Inventory• • $ Ea. • Minimum Charge . $ ' 35.00 per delivery. • Make-Up charge' $ 2.25 per garment. • • • Non-Standard/Special Cut Garment(i.e.;no -standard,non-stocked unusually small or large sizes,unusually short or long sleeve or length,etc.) premium •$ •15 • per garment. I . • Seasonal Sleeve Change $ .15 per garment. . " • Under no circumstances will the Companyc pct 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 • Net 30 • Size Change: Customer agrees.to have employees measured by a Cintas representative using garment"size samples". 'A charge of$ 5.00 per garment will be assessed for m o e's size changed within 4 weeks of installation. • . • • . Other OMNIA Contract Number: 222886 servicing uepi Heet • FACILITY SERVICES PRODUCTS PRICING: • ' Bundle* Item# Description Rental Freq. ,Inventory .Unit Price • X14 • Emblem Advantage • . _ w .05 X14 • Prep Advantage w ..05. • X10 - Uniform Advantage • w .05 •*Indicated hcµ�lled items/services • . i /' ❑ "Initial and check box if Unilease.All Garments will be cleaned by customer • / •ElD /�I ritial and check box if receiving Linen Service.Company will take periodic physical inventories of items in possession or under control. . Dale customer. ' 0 ; . / 0 N/Alnitial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments . Date direct embroidery for any reason,or terminates this agreement for any reason or fails to renewthis agreement,Customer will purchase . 'all direct embroidered garments at the time they are removed from service at the then current replacement values. . 0178 CUSTOMER: Cintas Loc.No: Please Sign Name • • . By: Angela Miller Please Print Name. • Title: ISM • Please Print Title • Accepted-GM: • Email .. • Omnia 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 City of Tucson 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 haps://www.omniapartners.com/aublicsector • • 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. Buybacic 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 thethen current Loss/Damage Replacement Values. • 5. Garments'Lack of Flame Retardant or Acid Resistant Features Unlessspecified 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 gannents 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 ethblems. 8. .Emblem Guarantee Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification,(hereinafer"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 allocatedto 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, 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. 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,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: - • ..• - • . • • -s•equel-to755 • • • • Fiths-thifteeti-(43-)-thfeugh-eigitteee-te _ . •If this agtvement-is.cancelled-fer:.caiw.eai eteen 1.9)..through t t'f (2n . 3 , -- _•.•. __ .. Customer shall also be responsible to return all of the Merchandise allocated to such Customer.locations terminating this Agreement®-- • _.• _• _... : • :- ► and for any unpaid charges on Customer's account prior to termination. , • • • fr• • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • i 10/25/22,3:59 PM Rent Carhartt Workwear-Carhartt Uniform Servicel Cintas IloiNnrAsl Rent >j' tt VJ READY FOR THE WORKDAY® Search... Account Sign InProducts&ServicesShopAbout UsCareersFind a Location -- •- - — -- - -- - ' contact us - < BACK TO RENTAL UNIFORMS Get the brand your employees want,to wear • Over the years, Carhartt®has built a reputation for quality, durability and performance and has become a house old name in workwear. Now you can outfit your employees in genuine _ >a ar work wear and enjoy the convenience and consistency of a UniiformR entaLPrograrim�~ rrl, ,rom,intas:;See why our customers love our Carhartt rental line—featuring durable wor -shirt options, rugged jeans and work pants,and even outerwear. Need Flame Resistant Clothing? No problem—our Carhartt line also includes protective apparel. • . 1.:p-:.., iJ ,I, 1 1 1 44, ,,\ la . . * r t'' M-. ,. ' J _ haps://www.cintas.com/uniform work-apparel/uniform-rental/carhartt-rental-workwear/ 1/6 - . 10/25/22,4:01 PM - Cintas Corporation Cooperative Contract I Uniform Rental {11 • W '• I Fr to • • • 1. .:- 4 - , Uniform Rental • • With a Cintas full-service uniform rental program, there is no laundry to-do, no uniforms to buy, and no repairs or maintenance to waste your time and money—and that means no worries! a , r (ZSnly Cin asj ilver Gar' t id.rkWe iraar-easyd*afforr abie4r fal progr`a i.- 4 Flame Resistant Clothing • - - -- Cintas FRC products are more durable, more-comfortable, and lighter than any other: • •https://w+rnnr.omniapartners.com/publicsector/suppliers/cintas-corporation/uniform-rental 3/9 • A4C'd12111 CERTIFICATE OF LIABILITY INSURANCE DATE( YYYY) 03/01/20/01/20 23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED co REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ( r IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If v SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT 'ao ) Aon Risk Services Northeast, Inc. PHON: c/o Aon Client Services (MHC No.Ext): (866) 283-7122 -(AIC.No.): (800) 363-0105 v 4 overlook Point E-MAIL Ti Lincolnshire IL 60069 USA ADDRESS: • - INSURERS)AFFORDING COVERAGE NAIC# INSURED . INSURER A: Liberty Mutual Fire Ins Co 23035 Cintas Corporation and its Subsidiaries INSURER B: LM Insurance Corporation 33600 6800 Cintas Blvd • Po Box 625737 INSURER C: Liberty Insurance Corporation 42404 Cincinnati OH 45262 USA INSURER0: Westchester Fire Insurahce Company 10030 INSURER E: INSURER F: ' COVERAGES CERTIFICATE NUMBER:570098064493 REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUB- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ?NSD WVD POLICY NUMBER (MM/ODIYYYY) (fMM/DD/VYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY• Y TB2651004227092 07/01/202207/01/2023 EACHOCCURRENCE -$2,000,000 CLAIMS-MADE riOCCUR DAMAGETO-RENTED $1,000,000 PREMISES(Ea occurrence) X Contractual Liability MED EXP(Any one person) $5,000 • PERSONAL&ADV INJURY $1,000,000 m GEMLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 g POLICY IIJECT I? LOC PRODUCTS-COMP/OPAGG $1,000,000 co OTHER: F- A AUTOMOBILE LIABILITY Y 052-651-004227-072 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT $5,000,000 ul AOS (Ea accident) .. X ANYAUTO BODILY INJURY(Per person) o OWNED —SCHEDULED BODILY INJURY(Per accident) G), AUTOS ONLY _AUTOS a HIRED AUTOS NON-OWNED PROPERTY DAMAGE a ONLY _AUTOS ONLY (Per accident) w X Comp/Coll$0 Dad. a) D X UMBRELLA LIAB X OCCUR G22035277017 07/01/2022 07/01/2023 EACH OCCURRENCE $5,000,000 0 - EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION 410,000 B WORKERS COMPENSATION AND WA565D004227102 07/01/2022 07/01/2023 X PER STATUTE ER - c EMPLOYERS'LIABILITY Y/N WA765D004227112 07/01/2022 07/01/2023 ANY PROPRIETOR/PARTNER/EXECUTIVE N WC5651004227122 07/01/2022 07/01/2023 E.L.EACH ACCIDENT $2,000,000 B OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-BA EMPLOYEE $2,000,000 yes,IfRN under DESCRIPTIONE.L.DISEASE-POLICY LIMIT $2,000,000— OF OPERATIONS below _— 2 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) P Certificate Holder is included as Additional Insured on the General Liability and Automobile Liability policies, but only with - respect to work performed under contract between the Certificate Holder and the Insured. , E CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE • POLICY PROVISIONS. E: City of Ashland AUTHORIZED REPRESENTATIVE 90 N. Mountain Ave.- - lEi Ashland OR 97520=2014 USA �te- s4 C A 7%LIJtQdcO -_ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:TB2-651-004227-092 COMMERCIAL GENERAL LIABILITY • CG 2010 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or. include as an additional insured the person(s) or equipment furnished in connection with such organizations) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. Thatportion of "your work" out of which the behalf; injury or damage- arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part ofthe same project. However: . C. With respect to the insurance afforded to these • 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement;or by the contract or agreement to provide for such . additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the • This insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage" occurring after: • SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an"occurrence"or "occurrence"or offense,to provide additional insured offense. , status. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. • CG 2010 12 19 ©Insurance'Services-Office, Inc.,2018. Page 1 of 1 • 4 POLICY NUMBER:TB2-651-004227-092 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS . This endorsement modifies insurance provided under the following: ' • COMMERCIAL GENERAL LIABILITY COVERAGE PART . PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART'. A. 'Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance:' with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or_in part, by required by a contractor agreement, the most we "your work" at. the location designated and will' pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or • However: - 2. Available under .the applicable. limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by . whichever is less. law;and ' This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. • ' required by a contract or agreement, the insurance•afforded to such additional insured will not be broader than that which you are • required by the contract or agreement to ' provide for such additional insured. . SCHEDULE • Name Of Additional Insured Person(s) c Or Organization(s): Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or • ' . entered into a written contract or agreement, prior to an agreement entered into prior to an"occurrence"or "occurrence" or offense,to provide additional insured • offense. ' status. . Information required to complete this Schedule, if not shown above,will be shown in the Declarations. • • • • • • CG 20 37 12 19 •©Insurance Services Office, Inc.,2018 ' Page 1 of 1 • POLICY NUMBER:AS2-651-004227-072. COMMERCIAL AUTO— , CA20481013 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED.AUTOS LIABILITY COVERAGE .• This endorsement modifies insurance provided under the following: r AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM . With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage. Form. This endorsement does not alter coverage provided in the Coverage Form. • SCHEDULE . Name Of Person(s)Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. • • • • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. • Each person or organization shown in the Schedule is • an "insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies • as an"insured"under the Who Is An Insured provision S contained,in Paragraph A.1. of Section II Covered Autos Liability Coverage in.the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I - Covered Autos Coverages of the Auto . Dealers Coverage Form. .. . • CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 • ti y ` Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the,document through the drafting,review,and signature processes,and will be kept with the City's final executed copy of the document. Required -fields are indicated in gray scale. • Document: CITY STANDARD CONTRACT (Include names of parties to the document), • Type of Document: Contract B Lease 0 Easement 0 Deed 0 IGA ❑ Other(specify) • Dept Contact: .KARI OLSON for WES HOADLEY ACTION REQUESTED: Dept:FLEET Phone: Ext 2290(Karin ❑ Review Draft Date submitted to Legal: 04/10/2023 • ❑ Approve fmal and forward to: Draft due by: - (Unless indicated,Legal will return document to you) • • Return Requested by: Complete this section ONLY the first time this form is filled out: • Has this document been previously worked on by the Legal Dept Staff? - 0 No 0 Yes If yes,by whom? LEGAL DEPT First Date Received by Legal Date: By: USE ONLY Returned to Dept. for Revision Date: • By: Received for additional review by Legal ! Date: By: Returned to Dept.for Revision Date: By: Received for additional review by Legal Date:_•' By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Retuned to Dept for Revision Date: By: . Final Logged out by Legal Date: By; Comments from LEGAL to DEPARTMENT: - " Comments from DEPARTMENT to LEGAL: 0 See Attached.. Contract Is for Carhartt uniform leasing program Emailed City standard contract w/vendor's agreement • attached as an exhibit to the vendor • Vendor returned contract with their revisions Requesting Legal review vendor's revisions Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? 0 No 0 Yes 0 No ' 0 Yes CITY ADMINISTRATOR/DEPARTMENT HEAD • Please do not sign the attached document until this form hasbeen approved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Date: . • • •4