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HomeMy Public PortalAbout166-2013 - Fire - Cintas - Towels & MattsAGREEMENT THIS AGREEMENT made and entered into this I, - day of 2013, and referred to as Contract No. 166-2013, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Cintas Corporation, 904 Brandt Street, Building B, Dayton, Ohio, 45404 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide the annual blanket purchase order for towel and mat services for the 2014, 2015, and 2016 calendar years for the Richmond Fire Department, Stations 1, 2, 3, 4 and 5. A Request for Quotes dated October 23, 2013, has been made available for inspection by Contractor, is on file in the office of the Richmond Fire Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is also attached hereto as Exhibit A, which Exhibit was received October 23, 2013, consists of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all services listed on "Exhibit A." 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 for 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 and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-I1(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. 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 the work. Contract No. 166-2013 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor the quoted amount of Ten Cents ($.10) per towel and Two Dollars ($2.00) per mat, including a One Dollar ($1.00) service charge per delivery. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective January 1, 2014, and shall continue in effect until December 31, 2016. 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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 date this Agreement is terminated, 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 Page 2 of 6 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $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 $1,000,000 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 work 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. SECTION VII. 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 Page 3 of 6 violation within the thirty (3.0) 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 IX. 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. 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; 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 4of6 4. That this Agreement may be canceled or terminated by the City and all. money 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 XI. 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 which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XII. 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 parry. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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 Page 5 of 6 Date: —13 APPROVED: Sarah L. Hutton, Mayor Date:' 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 Public Works and Safety By: Vicki Robinson, President "CONTRACTOR" CINTAS CORPORATION 903 Brandt Street, Building B Dayton, OH 45404 Printed: _ �- C— 1 11�e'tC11. 11 Dian Lawson, Member Title: V Q�e 4f'r— Alt 4XA PL.*Y,11,Member Date: Page 6 of 6 EXHIBIT PAGE -L-0F CITY OF RICHMOND RICHMOND FIRE DEPARTMENT FACSIMILE TRANSMITTAL. SHEET TO: FROK STITESR@CINTAS.COM Brenda. Dmgwerth, Executive Secretary COMPANY: DATE: Cintas Wednesday, October 23, 2013 FAX NUMBER: TOTAL NO. OF PAGES INCI:i]DiNG GOVER: 765.289.8811 3 PHONE NUMBER: FIRE DEPARTMENT PHONE NUMBER! 800.662.8900 (Muncie) 765-983-7266 RE: FIRE DEPARTMENT FAX _NUMBER TOWEL & MAT QUOTES 765-962-1808 ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE. RECYCLE NOTES/COUMFNTS: In order to streamline purchases and alleviate repeated quotes during the year, this office has elected to obtain quotes that would encompass the entire years of �005-ad2:01= The company_ submitting the lowest bid for all items will be awarded a Blanket Purchase Order for a �epen3=5gnnganuaxy,04oIe�rnber1,01" Items willbe purchased against this purchase order at different times during the year. In order to be fair to all quoting, please quote item brand stated. Please quote a piece price. Please include sbil2ping ckgM if gpPlicable and delivery time. Please respond with your quotes, to this office, by onEic#er If you should have any questions, please feel feee to contact this office. THIS IS NOT AN ORDER 101 SOUTH 5TH STREET RICHMOND, ,IN 47374 EMBIT b PAVt _ : w- _ -- This is a request for a price or quote for the services or materials described herein. Any additional -specifications maybe attached hereto. .This. is not an order and tine Richmond Fire Department reserves the right to acce t all or gart or decline the entire pro osaL Please corn lete your ffiH name address and phone number below with signature; itemize all rides and charges - where requested: and attach exTlanat[on for any_ si ibstitution to s ecifications altered. Please return in care of Richmond Fire De artment at address Hoc above by the s ecifi d date and time to be considered unless othe:twise_specified. State Tax Exemption No. 003121909-001 BY: JqwMla Zift! Bten& DingwQth Executive Secretary 2' NAME OF FIRM QUOTING BY_�� rrt D Z �1 AUTHORIZED BY TTTF.F• DATE: — PHONE # EXHIBIT PAaE —Z F 5 STATIONS Z x " TERRY TOWEL I-X-3 BLACK FLOOR MAT OTTY COST PER COST PER _ MAT TOWEL Station #1-101 South. 56 Street 75 5 �2, Station #2— 930 Win ' Ridge Dxive ,30 3 / Station #3 — 44300 Woodside Drive 30 3 ?- Station #4 — 801 South L Street 30 4 /U 2 - Station #5 —1971 West Main Street 30 5 J 2, d Station #6 —1501 NW 51h Street 0 0 1. All items to be cleaned and maintained by the Company. z .All items that require replacement due to normal wear wa be replaced by the Company at no charge to the Customer. 3. lte= will be delivered to each individual station on a weekly basis. 4. Towels and mats will be delivered inside each building and not left outside. Please designate- delivery days for each statov.. Is there a minimum charge? Is there a service charge? �y �v1 Wet eSo4ay DYting spring cleaning thew may be a need to deliver towels more than once a meek.. Is this r poss:ble? l e Do you accept purchase oxders? CG 3 EXHIBIT I_ PAGE �i..off- C N&A6 FACwy ssvaI RENTAL SERVICE AGREEMENt Lacatlatl Na. A Contract No, � __ _ Cum ..r W � `t �� Date Address fa f .� s��_ S City `e ���rl�.r State Ztp • - r FACILITY SEOVICES PRO13U 'i'S PPJCINQ VI WE ME __1W0W1W FESOMMMO 1WEEMME01IWOM �_� IMMORNME_� 00010 MOO iikuEL44v.S uUnul-vu .Jv x - ■ This agmernord Is offeotive as of tha date of sxscullon for a term-of� months from date of instarlatlon. .The addlilonat oharges Rated below are subject to adjustment by Compahy effective upon natice to Guelornw, vrhfeli nolice may be in ' the form of an invOce. . COD Terms S �� per delivery charge for prior service (lf Amount Due Is Oanied_to Following Week) • Credi#Tarrns - Charge Payrrtents due 10 days after End of Month. Mlnimum Charge $ Ae per dellvsry. . Automatto frost Repiacernant Charge: Item s %of Inventory 44 $ o AutamaI#c Lost Replacement Gfsarge, 118m _ . % of Inventory Ea. a Under no crroumstatices tvfll the errY accep# teAles bearing free (quid. shop towels may not be used to clean up oil of s8luant SPAS, Shop towel aantalner $ per delivery — Artwork Charge for Logomat $ .; $emd-6 Otsurg-r} $' I rO O ,..... par delrvsry. - 6 'Service charges s a help pang Pay var us uo ue ng currentfuture eoa. nc ng, u n m to, costs rea y or indlrecify related to tiie.snvlranmem, energy fswtas, service and delivery of goods and servins, in addition to Odd misoeltaneous costs In d 0 1hat may tee Invaed in the ftr ns by Compsny. Other Clntas Lac. Afo ��. /d Please Sign Hama HY �ffP.. _ _ Please Print Name Tile Please lf. Tide Accepted - GM EXHIBIT_.PAGE OF FACILITY. SERVICES RENTAL SERVIdE AGREEMENT i. The customer, its successsriG and assigns ("Custcmer"j orders from CINTA$ CORPORATION or any of if. subsidlades,,sumessors and assigns ("Company") all of tha Customer's requirements. of facility ssrvlces rental services during the tern of this agreements all In acaordantte wtyt the pricing, terms anti conditions container! ha3reln. Pricing is based -on 52 weeks billing per rentai item per year. 2. All items will fav cleaneO and maintained by Company_ Ail 'Melts that require replacement due to notmaf wear will be replaced by Gowpany at no charge,lo:Customer. W 3. The weekly rental charge for any item can be tetrrtlnated, but only after all tfems lssated-iD Cuslvrner, or the . ,value of same,. have been returned to Company. All Items remain the property of Company. Any special products _ (logo mats) must be purchased -by the oustomer K service is strapped. If Items are lost or destroyed by any means, Customer will pay for said Items at the then current replacement values. 4. Customer agrees to notify Gornpany, in wrldntg, of any hazardous rrtateriafs that may be ploksd up by Company In the soiled garments or other textiles serviced kinder tills agreement. In no case -wrfll-hazardous materials be present to the aAent that they may be harmful to Company's employpes. S. This agreement Is effective as-ot the data of executibn, The Initial term of this agreement shall be as Set forth on Ills'iront of this agreement and shall automatically renew for the same period of time Wass Company is notified, to tha cantmry, In wding, BQ slays ifs advance of the expiration bf the than- curvent term. �€+ If the Customer receives discount pricing due to Wadi In4 of productafisarvices, Customer acknowledges that discount is subject to Customer continuing the bundling of the productlsarvices. Should Customer dfsconflnue bundling, pricing mby he increased to, the non discounted prfclri . 6. Customer hereby agrees to defend, indemnity and laaid harmless Company from any ofaims and damages arlsing .dut of or associated wPh this agreement, including any claims arising frarn defective products. 7, Company guarantees to deliver tho- highest quality -textile rental service at all Bross. Any complaints about the quellty of ttte Set'vloo which have not been mao4ved 1n the nortr+ai course of buslauss rRgSt be sent by registered letter to -Company's. Getteml-fW nagaar, It Company them fails io resoiva any materlai complaint In a reasonable period of tfrtte, Ou lo=r may terrnfrtate tills agreement provJdvd all rental Items are paid for at the then current €eplaoement values or returned to Corr{pany in gotrd and usable rnndltio n. 9. Addltlonal pmdua is and services may be added to this agreement and shall autornattcaliy beware a part. of and subject to the terms hereof. it thls'agreement Ja lermfriated early, the parifee agreo that the damages suatalned by Company vdll be substantial and dMicult to ascertain. Therefore, if this agreement Is terminated by Customer prior to the applicable expiration data for any reason other than for docurnented quality of aervtce reasons which . are not -cured as set forth above, or terminated by Company for cause at any time, Custvrrrer wilt pay to Company, as liquidated damagas and not as a penalty, the greater of 507o of the average weekly Invoice total ttltrltipiiao by the number of weeks remaining In the unexpJrad term, or buy scarp all Facility Services Products alloca#ad to customer at the than current replacement values, Customer shall .arso be responsible for any unpaid oltarges on Customer's account prior to ie€rnfnation, Any dispute or mailer ertstng In connection with or relating to this -agr,eement.,shall be resolved by binding and final arbitration. The stbitratfon shall be conducted pxrrsuant-to basis, al big considered unique as to its facts; and shalt not be conscildafed In any athitratfon or other pfocoeding tivM any claim or.wnirovorsy of any other party. The exclusive jurisdiction card forum for msolutfon.of any such dispute shall lie In the state whora Customer Is located. 9. All Invoices must be paid within len days after the and ot.tbe month. Interim vvill accrue ors arty amounts which are not paid when due: Pum tints date due to the date of payment In full at an amnia] percentage rats equal to the lesser at (a) eighteen percent 1 BOX, or (b) the maximum rafe perrnifted-lay appftcuble i. t1. 10. 'Customer carillies that (),drr4mny Is ]n •rio way infringing upon any i4s#ng casrafract botwreen 'Customer and - another service -provider.