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HomeMy Public PortalAbout013-2017 - Cintas Corp - Mats and towelsAGREEMENT 0 THIS AGREEMENT made and entered into this t_ day of uo� , 2017, and referred to as Contract No. 13-2017 by and between the City of Richmond, Indiana, a unicipal corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Cintas Corporation, 601 E. Main Street, Muncie, Indiana, 47305 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide cleaning and replacement services for the 2017, 2018, and 2019 calendar years for uniforms, uniform jackets, shop towels, and office mats for the Richmond Parks Department (the "Project"). Request for Quotes were made in October of 2016, which Requests has been made available for inspection by City, are on file in the office of the Parks Department for the City and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's Response to said Request for Quotes, consisting of one (1) page, provided October 26, 2017, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any requested affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION Il. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent Contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of its services. SECTION III. COMPENSATION City shall pay Contractor the quote amounts described on "Exhibit A," provided that Contractor shall be paid an amount per year not to exceed a total of One Thousand Four Hundred Ninety-five Dollars and Sixty-five Cents ($1,495.65) each year for the 2017, 2018, and 2019 calendar years for the satisfactory performance of this Agreement. Contract No. 13-2017 Page 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective January 1, 2017, and shall continue in effect until December 31, 2019. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub- contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Page 2 of 5 Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing performance under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. Contractor covenants and agrees to comply with the worker's compensation provisions of the SEP Agreement. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and Page 3 of 5 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages, SECTION XI. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the, parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Page 4 of 5 Item# Description Frequency Inv Unit Price Avg Weekly Spend Annual Spend 15 Service Charge (Mats) Every Other Week 2 $2.100 $2.10 $109.200 106 Service Charge (Uniforms) Weekly 1 $2.100 $2.10 $109.200 84035 3x10 Black Mat Every Other Week 3 $2.739 $4.11 $213.642 84335 3x5 Black Mat Every Other Week 1 $1.218 $0.61 $31,668 84435 46 Black Mat Every Other Week 1 $2.430 $1.22 $63,180 84435 46 Brown Mat Weekly 4 $2.430 $9.72 $505.440 2160 Shop Towel Weekly 50 $0.073 $3.65 $189.800 2 Uniform Advantage Weekly 24 $0.044 $1.06 $54.912 935 Work Shirt Weekly 11 $0.167 $1.84 $95.524 394 Cintas Work Jean Weekly 11 $0.167 $1.84 $95.524 970 Work Jacket Weekly 2 $0.265 $0.53 $27.560 Total Annual Spend $1,495.650 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of .Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By: —1>� k47-- I Den se Retz, Superintendent APPROVED`. Date: © 2- _ I "CONTRACTOR" CINTAS CORPORATION 601 E. Main Street Muncie, IN 47305 By: Printed: /ZZ/1P611 e-O L Title: l'✓ f ti��rC C� �— Date: J-- 1 — � :7 Page 5 of 5 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/1)D/YY1 10262Di6 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If -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). PRODUCER CONTACT NAME: Aori Risk Services Northeast, Inc. PHONE, (g66) 283-7122 FAX (800) 363-0105 c/o AOn Client Services (AIC. No. Ertl: AIC. No.: 4 overlook Point E-MAIL Lincolnshire IL 60069 USA ADDRESS: . INSURER(S) AFFORDING COVERAGE NAIC,# INSURED INSURER A: The Travelers Indemnity co Of CT 25682 Ci ntas corporation and its subsidiaries INSURER B: Westchester Fire Insurance Company 10030 6800 Cintas Blvd Po Box 625737 INSURER C: Travelers Property Cas Co of America 25674 INSURER D: Cincinnati OH 4S262 USA - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064234928 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 INS LS TYPE OF INSURANCE INSO INS 5 BR WVD POLICY NUMBER O ICY M0 IC PO C MMIOD LIMITS A X COMMERCIAL GENERAL LIABILITY HC EGLSA4 M4 1TCT16 0 Ol 1 07/01/2017 EACH OCCURRENCE S2,000,000 CLAIMS -MADE — OCCUR DAMAGE TOR PREMISES Ea occurtence S1,000,000 X MED EXP (Any one person) S5,000 Contractual Liability PERSONAL 3 ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 POLICY ❑ PRO [ X] LOC JECT PRODUCTS - COMP/OP AGG S1,000,000 OTHER: A AUTOMOBILE LIABILITY HC2E-CAP-472M4651-TCT-16 AOS 07/01/2016 07/01/2017 COMBINED SINGLE LIMIT Ea accident SS , 000, 000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) XONLY ComP/Coll $O ded. 13 X UMBREL.ALJAB EXCESS LIAB X OCCUR CLAIMS -MADE G22035277011 SIR applies per policy terns 07/01/2016 & conditions 07/01/2017 EACH OCCURRENCE S5,000,000 AGGREGATE SS,000,OOO DED X RETENTION C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER ! F_10ECUnVE - Y 1 N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N / A HC2JUB472M470616 WC-AOS 07/01/2016 07/01/2017 X STATUTE EOi2� E.L EACH ACCIDENT S1,000,000 EL DISEASE -EA EMPLOYEE S1,000,000 I1 yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION v SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED - BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE _ POLICY PROVISIONS. CIty of Richmond Dept Of Parks AUTHORIZED REPRESENTATIVE & Recreation - Attn: Tonga Bowen 2200 E. National Road Richmond IN 47374 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Affidavit Of Employment Eligibility Verification The Contractor, �f,'n 4 affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed - - and does not employ any employees; Contractor verifies fie or she is a United States —citizen - or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verif program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true.. Dated this a I� day of �G�{o (1 , 20l6 . (signature) r /Gh� �Gti (printed name) Affidavit of Employment Eligibility Verification The Contractor, 4�fi ,n i , affrrns under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor Verifies he -or Slie iS a United States Citizen - or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Datedthus.2h day of ©cqn &.r , 20/6. (signature) r (printed name)