HomeMy Public PortalAbout029-2023 - Cintas - shop towel and mat cleaning for 2023 , , . • ,
AGREEMEN'I"I( ,
(TH M.:}IS REEMENI made and entered into ihis .../-day of / , 2023, and hi/ (r/. / 'V, ''__ —
referred to as Contract No. 29-2023 by and between the C.ity of Richmond, indi2 a, a municipal
corporation acting by and tin ough its Board of Parks and Recreation (hereinafter referred to as the
"City") and Cintas ':.-,km-poration, P.O. Box 63080:3, trl'Ancinnati, Ohio, 45263-0803 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
(..lity hereby retains (:'ontractor to provide cleaning and replacement services l'for shop towels and
office mats for the Richmond Parks 1.)epartment(the "Project") for the 2023 calendar year.
Request for Quotes were made on January 27, 2023, which Request has been made available for
inspection by (liliy, are on file in the office of the Parks Department bar the Cay and are hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
satTle.
Contractor's Responw, to said Request for Quotes, consisting of two (2) pages, dated January 27,
2023, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and made a part of
this Agreement. Con v'actor agrees to abide by the same.
Should any provisioms, terms, or conditions contained in any of the documents attached hereto as
l';*x1-ibits, 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.
'Fhe 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 Ii. STATUS OF CONTR AC:FOR
Contractor shall be deemed to be an independent Contractor and is not an employee or agent of the
City of Richmond. '[he Contractor shall provide, at its own expense, competent supervision of its
services,
Contract No. 29-2023
l'age 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Five Thousand Dollars and Zero Cents
($5,000.00) for the 2023 calendar year for the satisfactory performance of this Agreement.
SECTION IV. TERM OF AGRIEEMENI
This Agreement shall become effective January 1, 2023, and shall continue in effect until December
31, 2023. This Agreement shall not automatically renew.
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:
.failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations wider 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 hands 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.
This Agreement may also he terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of. this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects
which the parties to this Agreement could not have anticipated or controlled. Examples of a force-
majeure event, or its results, would include, but would not be limited to, events such as an Act of
God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the
Federal government,the State of Indiana, or local government.
Page 2 of 6
SECTION V. INDEMNIFICATION .AND .ENSURANCE
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 negligent conduct or negligent
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 -tbrth 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 Limimits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $1.00,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person.
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE 'WIER'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 site'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.
Page 3 of 6
Contractor covenants and agrees to comply with the worker's compensation provisions or the SEP
Agreement.
SECTION VII, PROIIIDITIONAGAIN,ST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on
behalf of Contractor or arty 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 Agreernatt, 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
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 he 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 F-Verify program.
Contractor is riot 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
22-5-1.7-1 I (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall he required to
Page 4 of 6
remedy the violation not later than thirty (30) days after the City notifies the Contractor of the
violation, ff 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, IRAls±fNVOIMNIAcifIYTITES
Pursuant to Indiana ('ode (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 a&Tees 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 or 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 he
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.
This Agreement may he simultaneously executed in several counterparts, each of which shall he 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 he filed in said courts. The parties specifically agree that no
arbitration or mediation shall he required prior to the commencement of legal proceedings in said
Courts.
Page 5 of 6
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 he 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" "CONTRACTOR"
THE CITY OF RICHMOND, INDIANA by CINTAS CORPORATION
and through its Board of Parks and Recreation P.O. Box 630803
Cincinnati, OH 45263-0803
By: _
,--- 2
D ais-ketz, Su I
perintem ent
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APPROVFD ,.._ /..
'-Dav,i4-1,4, Snc,kyMay,
Date: UZ-- i 7 ILZ 0"1-7 11 Date:
Pav 6 of 6
Emma Stanton <efarrner@richmondindiana.gov
1,4
ZE: City of Richmond Parks and Recreation
messages
avis, Mark <DavisM4@cintas,com> Fri, Jan 27, 2023 at 1124 Al
a: Emma Farmer<efarmer@richmortiindiana,gov>
Emma,
Here is the quote for your Strop'Towels. I will make sure Kyle takes care of your mats for you.
Item j Description Quantity Price Total
x2160 Shop Towel 50 $ 0.15 $ '7.50
Service Charge 1 $ :11.00 $ 11.00
Bill Total $ 18,50
---
Let me know if this is all you need.
Thanks for your business,
Mark Davis
Service Manager
Cintas Corporation
Office 765.289.4411 ext,20167
601 E Main St 1Muncie, IN 47305
Davism4(geintas.corn I cintas.corn
. . 100.101E
500
NC AO,'I CM
X44
From: Emma Farmer<efarmer@richmondincliana.gov>
Sent:Thursday, January 26, 2023 1:41 PM
To: Davis, Mark<DavisM4(gcintas.com>
Subject: City of Richmond Parks and Revreation 18q, PAGE OF
' ^
HiMark'
VVuounnnUyhuveourooxioekxmatoandahopkmve|sUhmughCintao.VVewemmmnUn0hdmpdownk,onlyohoptowols (brnmx
and see how that goes. I am needing a quote for our current shop towels so we can an updated contract in plac(-., so wo car) opoll
our Purchase Order, We had asked the driver last time he was here to take the mats with him and mentioned we weren't going to
coritinue the mats for row, He said on his next round to our locations he would grab them, We have riot seen a driver in a few weeks
now so I am riot sure what is happening, Please let me know what you might need front me to Make this happen.
Thank you,
_
BnmaStantom
Business Manager
Richmond Parks Department
785'983'7277
This e'mai| transmission contains information that i; intended tobo confidential and privileged, If you receive this e'maU and You are
not named addressee you are hereby notified that you are not authorized to ead, print, retain, copy or disseminate this
communication without the consent of the sender and that doing so is prohibited and may be unlawful, Please reply to the message
immediately by informing the sender that the rnessage was misdirected.After replying, please delete and otherwise erase it and any
attachments frorn your computer system. Your assistance in correcting this error is appreciated.
mma Farmer<afarmorLCOriohmondind|ana.Aov' F/>. Jan 27, 2023at 121 P|
o: ''Devia. Mark" ,DavioM4(d)oin|ox.com^
Thank you Mark! What in the hrequancyo[the shop Wwe|a?
[Quoted text hidden)
lav)o, Mark <DaviuM4Cq),cin\as.uom> Fri. Jon 27. 2023 at 1:32 P|
n: Emme Farmer<eyarmei-@riohmundindiana,gnv/
They are weekly.
Mark Davis
Service Manager
CintasCurponahun
Dffico705.20o4v11 rxt.zO187
GU/ E Main 0|Muncin. |No7JO5
E)avism4@)Y�LLtg.i�!�j I cintas oom
d°°���'" " 500
From: Emma Farmer