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Home My WebLink About102507 CINTAS - CONTRACT - RFP - P1078 UNIFORM RENTAL OR LEASING (2)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City' and Cintas Corporation, hereinafter referred to as "Service Provider" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference 2 Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for three (3) years, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written SA 10/01 CHANGE ORDER NO. CINTAS A PROJECT TITLE: CINTAS UNIFORM RENTAL FOR UTILITIES CONTRACTOR: CINTAS DESCRIPTION: 1 Reason for change AMEND CONTRACT TO INCLUDE UTILITIES, INCORPORATE EXHIBITS E, F, AND G INTO THE CONTRACT 2 Description of Change ADD UTILITIES SCOPE OF WORK (EXHIBIT E), CLOTHING ITEMS & COSr PER ITEM (EXHIBIT F), GARMENT REPLACEMENT COST (EXHIBIT G) EFFECTIVITY DATE TO COMMENCE UPON DATE OF EXECUTION SHOWN BELOW TOTAL THIS CHANGE ORDER $1.00 PER WEEK PER GARMENT ACCEPTED We DATE _ &I Jp SI Cin as Representative ACCEPTED BY cc Utilities Contractor Purchasing 9/99 "� -Ie� Utilities Protect Manager TE I - 28-0•1 EXHIBIT E SCOPE OF SERVICES •• UTILITIES 1) Service Provider will provide garment rental for the City of Fort Collins Utilities Division. The City will be charged a weekly Rental Cost for each garment (including laundering), as outlined in Exhibit F. Service Provider will retain ownership of the garments, as outlined in the Service Provider's Unilease program. Garment laundering will be the responsibility of Service Provider. Service Provider agrees that it is their responsibility to launder flame -resistant garments in the appropriate manner in order to protect and preserve the flame - resistant properties of the fabric. Any garments that require replacement due to normal wear will be replaced by Service Provider at no charge to the City. 2) Services Provider states that #656 Nomex Flame Resistant Shirts and #60680 Indura Flame Resistant shirts are non-standard rental products for Service Provider. As such, they are subject to buy-back chargeE, up to the Utilities Garment Replacement cost (as outlined in Exhibit G) In the event that: A) This agreement is terminated. B) Unauthorized alterations are made to the garment by the City or the City's employee (other than the addition of the approved Direct Embroidery logo). In they event of contract termination or unauthorized alterations, representatives of Service Provider and the City will review the condition of the inventory in question, in order to ascertain whether buy-back charges at the full replacement cost are warranted; or to agree upon the percentage of depreciation to apply. 3) All City employees participating In the Garment Rental Program are required to fill out Service Provider's Rental Uniform Enrollmenl Agreement. This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee's final paycheck. Replacement Costs are as outlined in Exhibit G of the Contract. If rental items are lost or destroyed by any means outside of the scope of normal wear and tear, the City will pay for the replacement value of said items 4) Garments covered under this Program are as outlined in Exhibit F. The City will determine the mix of items from that list that will be assigned to each participating Employee. The City will determine the color, sleeve length, quantity, and any other options available within the product list; that will be assigned to each participating Employee The City retains the right to add or subtract garments available under this program; and add or subtract the quantity of garments as needed. 5) Service Provider will provide Direct Embroidery logos (at a cost of $2 25 per logo) to shirts, jackets, vests, etc as directed by the City. The City will design and/or approve the artwork for the logo; and will pay for the cost of Embroidery as needed 6) The City agrees to notify Service Provider, in writing., of any hazardous materials that may be picked up by Service Provider in the soiled garments or other textiles serviced under this agreement In no case will the City knowingly present hazardous materials ;n soiled garments or other textiles, that may be harmful to Service Provider employees. 7) The City acknowledges that numerous manufacturers market fabrics represented to be flame resistant; and that Service Provider has made no representations, warranty, or covenant with respect to the flame -resistant qualities of the fabrics or garments. The City agrees, to notify all City employees who will be wearing the flame -resistant garments that the garments are not designed for long term, high heat exposure or use aground open flames; and that no representation is made as to the garment's ability to protect users from injury or death. Section 15 Indemnity/Insurance of the Services Agreement governs Exhibit E, with the exception that the City hereby agrees, to the extent permitted by law, to indemnify and hold Service Provider harmless from any claims and damages arising out of the failure of the fabric to function as flame -resistant. Service Provider does agree that ;t is their responsibility to launder flame -resistant garments in the appropriate manner in order to protect and preserve the flame -resistant properties; of the fabric. Exhibit F Utilities Uniform Weekly Rental Cost (includes Laundering) Rental Item Q Costf ty Wk #656 Nomex flame resistant shirt, or, #60680 Indura 1 $1 CO flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo; long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 2 $2 00 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 3 $3 00 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 4 $4 00 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 5 $5 00 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered too long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura _ 6 $6 00 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve EXHIBIT G UTILITIES GARMENT REPLACEMENT COST #656 Nomex flame resistant shirt: $48.00 #60680 Indura flame resistant shirt: $28.00 CHANGE ORDER NO. CINTAS -2 PROJECT TITLE: CINTAS UNIFORM RENTAL FOR UTILITIES CONTRACTOR: CINTAS DESCRIPTION: 1 Reason for change AMEND CONTRACT TO INCORPORATE REVISED UTILITIES EXHIBIT F RENTAL COSTS INTO THE CONTRACT 2 Description of Change. UTILITIES UNIFORM WEEKLY RENTAL COST (EXHIBIT F) REVISED TO ACCURATELY REFLECT REVISED COSTS AGREED TO BY JASON SCHULZ, TOM ROCK, WAYNE STERLER, AND ED BONNETTE EFFECTIVITY DATE TO COMMENCE UPON DATE OF EXECUTION SHOWN BELOW ACCEPTED BY Cintas DATE �k — Cmtas Representative ACCEPTED BY mijI)PU -44 DATE ! O Utilities Project Manager cc Utilities Contractor Purchasing 9/99 EXHIBIT E SCOPE OF SERVICES - UTILITIES 1) Service Provider will provide garment rental for the City of Fort Collins Utilities Division. The City will be charged a weekly Rental Cost for each garment (including laundering), as outlined in Exhibit F. Service Provider will retain ownership of the garments, as outlined in the Service Provider's Unilease program. Garment laundering will be the responsibility of Service Provider. Service Provider agrees that it is their responsibility to launder flame -resistant garments in the appropriate manner in order to protect and preserve the flame - resistant properties of the fabric. Any garments that require replacement due to normal wear will be replaced by Service Provider at no charge to the City. 2) Service Provider states that #656 Nomex Flame Resistant Shirts and-#60660 Indura Flame Resistant shirts are non-standard rental products for Service Provider. As such, they are subject to buyback -charges- up to the Utilities) Garment Replacement cost (as outlined in Exhibit G) in the ev"ent that: �_. _ A) Thi a agreement is -terminated. B) Unauthorized alterations are made to the garment by the City or the City's employee (other than the addition of the approved Direct Embroidery logo). In cth�_eve�t of contract termination or unauthorized alterations,' representatives`of Service Provider and the _City will.review the condition of the inventory in question, —in order to ascertain whether buy-back charges at the full replacement cost are warranted; or to agree_ upon, the percentage_ of de .,._preciation to appty. - 3) All City employees participating in the Garment Rental Program are required to fill out Service Provider's Rental Uniform Enrollment Agreement. This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee's final paycheck. Replacement Costs are as outlined in Exhibit G of the Contract. If rental items are lost or destroyed by any means outside of the scope of normal wear and tear, the City will pay for the replacement value of said items A) Garments covered under this Program are as outlined in Exhibit F. The City will determine the mix of items from that list that will be assigned to each participating Employee The City will determine the color, sleeve length, quantity, and any other options available within the product list; that will be assigned to each participating Employee. The City retains the right to add or subtract garments available under this program, and acid or subtract the quantity of garments as needed. 5) Service Provider will provide Direct Embroidery logos (at a cost of $2.25 per logo) to shirts, jackets, vests, etc as directed by the City The City will design and/or approve the artwork for the logo; and will pay for the cost of Embroidery as needed. 6) The City agrees to notify Service Provider, in writing, of any hazardous materials that may be picked up by Service Provider in the soiled garments or other textiles serviced under this agreement. In no case will the City knowingly present hazardous materials in soiled garments or other textiles, that may be harmful to Service Provider employees. 7) The City acknowledges that numerous manufacturers market fabrics represented to be flame resistant; and that Service Provider has made no representations, warranty, or covenant with respect to the flame -resistant qualities of the fabrics or garments. The City agrees to notify all City employees who will be wearing the flame -resistant garments that the garments are not designed for long term, high heat exposure or use around open flames; and that no representation is made as to the garment's ability to protect users from injury or death. Section 15 Indemnity/Insurance of the Services Agreement governs Exhibit E, with the exception that the City hereby agrees, to the extent permitted by law, to indemnify and hold Service Provider harmless from any claims and damages arising out of the failure of the fabric to function as flame -resistant. Service Provider does agree that it is their responsibility to launder flame -resistant garments in the appropriate manner in order to protect and preserve the flame -resistant properties of the fabric. Exhibit F (revised 7/2/04 ecb) Utilities Uniform Weekly Rental Cost (includes Laundering) Rental Item Change Inventory Cost/Wk #656 Nomex flame resistant shirt, or, #60680 Indura 1 3 $1 40 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo; long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 2 5 $2 33 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 3 7 $3 26 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered to o, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 4 9 $4 20 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve #656 Nomex flame resistant shirt, or, #60680 Indura 5 11 $5 13 flame resistant shirt, color khaki with navy & white embroidered logo, or color navy with white embroidered logo, long sleeve EXHIBIT G UTILITIES GARMENT REPLACEMENT COSH" #656 Nomex flame resistant shirt: $48.00 #60680 Indura flame resistant shirt: $28 00 notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses City Ed Bonnette, C P.M , Buyer City of Fort Collins P O Box 580 Fort Collins. CO 80522 Service Provider Tim Dooley, General Manager Cintas Corporation 523 101h Street P O Box 1119 Greeley, CO 80631 5 Non -Appropriation of Funds Lessee reasonably believes that it will have a need for the Service for the duration of the Lease and that funds will be available and appropriated to make all payments under this Lease, however, the availability of funds in future fiscal years is dependent upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary Lessee will seek funding each year as part of its Budget process If funds to continue the leasing of the Service for the portion of the Lease term failing in the next year are not legally available for such purpose, Lessee may terminate this Lease at the end of the current year without penalty Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds are not available for the payments required under this Lease by reason of non -appropriation or non - availability of funds as set forth above In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 6 Contract Sum Service cost will be as defined in Exhibit C Garment Replacement cost (if necessary, see Item 2 in Exhibit A) will be as defined in Exhibit D 7 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the: scope of his or her authority, all necessary SA 10/01 2 CHANGE ORDER NO. CINTAS -3 PROJECT TITLE: CINTAS UNIFORM RENTAL FOR TRANSFORT CONTRACTOR: CINTAS DESCRIPTION - Reason for change REVISE & UPDATE TRANSFORT PRICING, EXHIBITS C AND D 2 Description of Change REVISE TRANSFORT WEEKLY LEASIING COST (EXHIBIT C), AND GARMENT REPLACEMENT COST (EXHIBIT D) 3 EFFECTIVITY DATE TO COMMENCE UPON DATE OF EXECUTION SHOWN BELOW TOTAL THIS CHANGE ORDER VARIABLE ACCEPTED BY DATE_ �22 ,!; Cintas Representative ACCEPTED cc Transfort Service Provider Purchasing 9/99 TEi� 00"0S-' I► Exhibit C Transfort Uniform Weekly Leasing Cost (per Item) Item Rental Cost per Unit per Week $0.56 4366 Lined Jacket re laces #677 #175 Quilted Vest $0.44 t Cotton Shirt $0.35 #838 Security Shirt, white or light blue, long or short sleeve $0.35 #935 Work Shirt, light blue with dark blue instri es $0 35 _ #340 Cotton Pants ___ $0.30 #448 Shorts $0.30 #546 Long Pants _ #554 Shorts 096 LongPants $0.30 $0.30 $0.30 _ #865 Lon _Pants 045 Long_Pants $0 30 $0.30 _ Special Cut Charges $0.10 _ Exhibit D Transfort Uniform Garment Replacement Cost Item _ Replacement Cost per Unit #677 Lined Jacket $33.00 #366 Lined Jacket (replaces #677 Jacket _ $35.011 $25 99 #175 Quilted Vest #330 Cotton Shirt $20.00 #838 Security Shirt, white or light blue, long or short sleeve $20.49 #935 Work Shirt, light blue with dark blue mstrjpcs _ $18.00 _ #340 Cotton Pants _ #448 Shorts $20.00 _ $15.00 $20.00 -- #546 Long_Pants #554 Shoi is $15.00 #596 Long Pants #865 Long Pants $22.0U #945 Loup Pants _-- -- — — -- $16 50 EXHIBIT A SCOPE OF WORK —UNIFORM RENTAL & LEASING I SCOPE OF WORK A It is the intention of this Service Agreement that the Service Provider will assume full responsibility for furnishing, cleaning (where requested), and maintaining uniforms for City of Fort Collins personnel in the Transfort Bus, Fleet Maintenance, Light & Power operations, and in any other areas as requested by the designated departmental Project Manager B DELIVERY the City requires that the Service Provider designate one (1) day for pick-up and delivery per week Delivei y is to occur on that pre -determined day during business hours, at a time to be negotiated between Service Provider and the Project Manager for that department For those weeks in which the pickup/delivery day is on an official City holiday, arrangements are to be made for deliveries to occur the day before the holiday, or on a preapproved date C DIRTY CLOTHING/RAG/TOWEL BINS Service Provider is to provide bins that separate the clothing to allow for clothing pieces in need of mending or repair to be placed in one bin, clothing recommended for replacement in another bin and a third bin that is for dirty clothing Additional bins are to be provided for dirty Shop rags/Towels The bins are to A Provide smell containment , or hold to a minimum B Be covered and locked, to prevent pilfering C Be sized appropriately to accommodate the needs of the department D Be located in an area approved by the department Project Manager Service Provider will provide rag cans, clothes racks, soil dumps, lockers and hangers at no additional charge Project Manager for that department will determine which mix of these amenities is necessary, given the space constraints within the customer department Air Freshener Dispensers will be supplied at No Charge as needed, Air Freshener refills are rented per charge on the Pricing Schedule D UNIFORM COMPLEMENT AND QUANTITIES Garments covered under this Program will be selected by the Project Manager for each department from the items represented on the Pricing Schedule If additional items not covered on the Pricing Schedule are requested by the Project Managers, they will be priced using the Service Provider's same Pricing Multipliers that are used for similar item categories on the Pricing Schedule Project Managers will determine the quantity of each item to be provided for each employee in their department Project Managers for each area may add or delete uniform pieces, towels, covers, mats and other sundry components from the Contract at any time during the Contract Period E OVERSIZE UNIFORMS Service Provider should be aware that an average of 5% of City employees require oversized uniforms No additional cost is to be charged for oversized garments Also, the Service Provider is required to provide female -size apparel at no additional cost Service Provider is to make ever/ effort to see that oversize and female employees receive their uniform pieces in the same time frame as regular -size male employees F SIZE CHANGES Service Provider is to provide for normal size changes at no additional charge to the City G ALTERATIONS Alterations are to be the responsibility of the Service Provider If a garment requires alteration, Service Provider has seven (7) calendar days to return or replace garment from the date of being informed of the request by authorized City personnel H PROFESSIONAL APPEARANCE In order to maintain a professional appearance, the City will not accept clothing with mends and patching larger than dime size The repairor mending of a garment shall not detract from the garment's appearance Two (2) or less apparent mending sites are acceptable, if there are more in a garment, that item needs to be replaced Initial issue uniforms jor customer departments coming online initially as a result of this Service Agreement (for example, Fleet Maintenance) must be new For customer departments already with continuing service by Service Provider as a result of this Service Agreement (for example, Transfort and Light & Power) service will be maintained wilh A and B grade garments On a weekly basis the SSR will inspect City garments and make necessary upgrades to insure City garments portray a consistent professional image The City reserves the right to approve or request new garment depending on the appearance and the employee's function I MEASUREMENT Transfort, Fleet Maintenance, Light & Power, and any other new departments coming online into the program request that Service Provider measure employees (and give the opportunity for try -on) for proper fit on -site Service Provider shall negotiate location and schedule for these events with the department Project Managers J GARMENT IDENTIFICATION Service Provider is to have in place a system of garment identification (]or example, bar coding) in order to provide tracking of the uniform pieces for individual employees throughout their system K INDIRECT EMBROIDERY LOGOS Service Provider is to attach Indirect Embroidery Logos to shirls, jackets, vests, etc as directed by the department Project Managers The City will design the artwork for the logo, and will purchase the logos as needed Service Provider will not charge a fee to attach the logos to garments, or to remove them should the garment no longer be required or needed L GARMENT REPLACEMENT CHARGE Garments that require replacement due to normal wear and tear are to be replaced at no charge by the Service Provider If a City employee rips or tears a garment, loses a button, or for any other reason needs a garment repaired, a stringed repair tag is to be completed by the employee and tied to the garment with a brief description of what needs to be repaired As part of the Service Provider's Continuous Process Improvement Quality Program, Se°rvice Provider inspects each and every garment after they have been cleaned for all types of needed repairs An automatic repair system takes place in the event the garment does not pass inspection Should the garment need replacement upon inspection, the garment will be, replaced due to normal wear, free of charge Garments that are destroyed beyond repair, i e pants cut to fit over boots, sleeves cut off of shirts, rips larger than a quarter, will be charged for, subject to the Per Unit Purchase or Replacement Price in the Pricing Schedule All city employees participating in the Lease or Rental program are required to fill out an Enrollment Agreement for the Service Provider This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee's final paycheck Replacement Cost is as determined on the Pricing Schedule M UTILIZATION REPORTS The City desires to have access to various Utilization Reports (preferably on-line) at no additional cost These reports are to include access to the following but are not limited to A Activity by Employee B Activity by City Department C Cost by Employee D Cost by City Department E Location of Employee garments within the Service Provider's system (including delivery status for new or replacement items) P Mending stats G Replacement stats The City reserves the right to request Service Provider to create customized reports that will meet the City's needs It is the responsibility of each departmental Protect Manager to determine the reports that Service Provider is to provide to that department N LABORATORY TESTING Due to the fact that the City's Light & Power Division has added flame -resistant apparel within the term of this Service Agreement, the City reserves the right to request that Service Provider provide laboratory tests or test results to confirm that the articles provided meet the required standard O SAMPLES The City reserves the right to request samples of the uniform pieces to be supplied at no cost to the City, prior to their delivery The City will retain the samples provided by the Service Provider in order to create an express warranty that the whole of the goods provided shall conform to the sample submitted P IMPLEMENTATION SCHEDULE Service Provider estimates 4-6 weeks delivery time/full program implementation from Service Agreement Effectivity Date, or, in the event that new departments are added at a later date, 4-6 weeks delivery time/full program implementation from date of written notification Turnaround time for any new employees added after initial department implementation is 1-2 weeks Q COOPERATIVE PURCHASING The City of Fort Collins allows other Public Agencies the opportunity to purchase off this Service Agreement at the option of the Awarded Vendor. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider with a desire to participate in any resulting awards as a potential cooperative user R SITE AUDITS The City will reserve the right to do periodic Site Audits to the awarded Service Provider S CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION MECHANISM Service Provider shall conduct Customer Satisfaction Surveys on a quarterly basis, and conduct a followup corrective action mechanism to the satisfaction of the Protect Manager for that department for any issues identified in the course of these Surveys Service Provider is to make known to the departmental Protect Managers the escalation procedure within their organization for any issues not resolved to the satisfaction of the Protect Manager T Non -appropriation of Funds: The City (Lessee) reasonably believes that it will have a need for the Equipment for the duration of the Lease and that funds will be available and appropriated to make all payments under this Lease, however, the availability of funds in future fiscal years is dependent upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary Lessee will seek funding each year as part of its Budget process If funds to continue the leasing of the Equipment for the portion of the; Lease term falling in the next year are not legally available for such purpose, Lessee may terminate this Lease at the end of the current year without penalty Lessee will notify Service Provider (Lessor) at least thirty (30) days prior to the end of the year if funds are not available for the payments required under this Lease by reason of non -appropriation or non -availability of funds as set forth above U Rental, Lease and Purchase/Replacement Costs provided on the enclosed Pricing Schedule will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this Scope of Work No Fuel Surcharges, Environmental Charges, Makeup Charges, or Wastewater Charges will be accepted The City of Fort Collins will not be liable for any charge not provided for in the Pricing Schedule V No Buy -Back Provisions will be considered W Cleaning Process and Environmental Impact Garments are sorted and separated by color, fabric or type of soil Sorted garment loads are weighed to ensure consistency of cleaning quality Wash process and cleaning formulas are designE�d for each garment and soil type Liquid injection system and wash process are regularly monitored for quality assurance Service ProvidE�r conducts monthly testing of settable solids Annual inspection by City of Greeley on 9/21/07 stated 11 facility has a good environmental control program with many positive aspects" Zero negative environmental impact reported to date X SERVICE PROVIDER SERVICE ISSUES CONTACT Brad Darby (Service Manager) TELEPHONE (970) 352-2233 FAX (970) 356-7238 EMAIL Darbvb@crntas com BACKUP David Bowen (Service Training Coordinator) Matt Selcke (General Manager) selckemCa cintas corn SERVICE PROVIDER BILLING ISSUES CONTACT Claudia Reich (Office Manager) TELEPHONE (970) 352-2233 FAX (970) 356-7238 EMAIL reichc .cmtas corn CELL # (720) 341-0750 EMERGENCY (970) 352-2233 BACKUP Patty Rodriguez LOCATION OF SERVICE PLANT Cintas Corporation 523 10`h Street Greeley, CO 80632-1119 Y The City acknowledges that numerous manufacturers market fabrics represented to be flame resistant, and that Service Provider has made no representations, warranty, or covenant with respect to the flame -resistant qualities of the fabrics or garments The City agrees to notify all City employees who will be wearing the flame -resistant garments that the garments are not designed for long terin, high heat exposure or use around open flames, and that no representation is made as to the garment's ability to protect users from injury or death Section 14 Indemnity/Insurance of the Services Agreement governs this section, with the exception that the City hereby agrees, to the extent permitted by law, to indemnify and hold Service Provider harmless from any claims and damages arising out of the failure of the fabric to function as flame -resistant Service Provider does agree that it is their responsibility to launder flame resistant garments in the appropriate manner in ordei to protect and preserve the flame -resistant properties of the fabric II CLOTHING DESCRIPTIONS, RENTAL/LEASE PROGRAM ITEMS A Lined Jacket Fully lined, zip front, lined collar, inset pockets, adjustable cuffs B Quilted Vest 65%poly/35% cotton twill five layer 4" vertical quilted shell, zip front, side elastic inserts, roomy hand warmer pockets C Oxford Cotton Dress Shirt (short or long-sleeved), wrinkle resistant cotton shirt 100% cotton preshrunk twill, button- down collar, breast pocket D Security Shirt (short or long-sleeved) 65%polyester/35%cottori poplin soil release finish, button front, convertible collar with stays, pleated chest pockets with flaps and button closure, epaulets F Work Shirt (short or long-sleeved) 65% polyester/35% cotton poplin, Soil release finish, button front, convertible collar withstays, button through chest pockets, (Red Kap or equivalent), Color Light Blue F Work Shirt (short or long-sleeved) 100% cotton durapress wrinkle resistant finish, preshrunk, button front, convertible collar with stays, pockets G Wrinkle -resistant cotton pants 100% pre-shrunk cotton wrinkle resistant finish, plain front, slack style front pockets, hip pockets (left with button closure), ratcheting zipper with button closure H Work Pants 65% polyester/35% cotton twill, nice drape with front and back pockets along with reinforced stress points that stand up to frequent washings, zip Iront with button closure I Work Shorts 65% polyester/35% cotton twill double -pleated front, slack -style front pockets, set-in hip pockets, zip front with button closure 1 Coveralls 65% polyester135% cotton twill with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes K Coveralls, 100% cotton 100% cotton twill, with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes L Indura Ultra Soft Flame Resistant Uniform Shirt Button front work shirt with two-piece, lined convertible collar with stays Two chest pockets, with button closure and pencil stall in left pocket Long-sleeved only One-piece, lined cuffs with button closures Sleeve vents Shirt sewn with Aramid fiber thread ATPV 8 7 HRC 2 M Indura Heavyweight Denim Jeans 14 oz Indura FR 100% cotton prewashed denim sewn with Nomex thread, relaxed fit, five lean style pockets, heavy duty Nomex taped brass zipper, melamine button at waist, two -needle felled seam construction Arc rating 16 0 ATPV N Shop Towels Premium (for cleaning sensitive applications) 100% cotton, pre -bleached available in white, 18x18" cut size O Shop Towels Standard 100% cotton, 18x18" cut size P Shop Towels Heavy (for heavy grease & soil applications) 100% cotton, 18x18" cut size Q Fender Covers 50% polyester/50% cotton, 36x54" cut size R Glass Towels 100% cotton, 16x28" cut size S Track Control Mats, nylon bonded to 100% Nitrile rubber, 3x5' 'I Track Control Mats, nylon bonded to 100% Ndrile rubber, 4x6' U Dust mop, 18", collapsible v Wet mop, large W Mop frame, 18", collapsible X Air Freshener Refills Y Air Freshener Dispensers and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 8 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 9 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 10 Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 11 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwornanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or SA 10101 Ar EXHIBIT C - PRICING I RENTAL & LEASE PRICING SCHEDULE a w � w h v a L -aa LU w w w w � 0 O w U�� a � ww y U 01 Uj d ww d ya 2� ITEM a _� d aF� a O d mza -j w 5 �z v z �w # DESCRIPTION > a Q �� m Q aU p Cn k zO%IL av ° a o� a� °' y °' aw 1 c) ' cai z U t- Q w Z J m J a. m N aIx RENTAL/LEASE PROGRAM ITEMS- 1 Lined Jacket 677 $0 40 $0 80 $0 24 $0 48 $35 00 2 Quilted Vest 366 $0 40 $0 80 $0 24 $0 48 $35 00 3 Oxford Cotton Dress Shirt 374 $0 29 $0 60 $0 18 $0 36 $25 00 (Long or Short Sleeve 4 Security Shirt (Long or Short 838 $0 26 $0 52 $0 16 $0 31 $15 00 Sleeve 5 Work Shirt, 65/35 (Long or 935 $0 13 $0 27 $0 08 $0 16 $15 00 Short Sleeve 6 Work Shirt, 100% Cotton (Long 330 $0 23 $0 47 $0 14 $0 28 $20 00 or Short Sleeve 7 Cotton Pants 340 $0 28 $0 57 $0 17 $0 34 $22 00 8 Work Pants, 65/35 945 $0 22 1 $0 45 $0 13 $0 27 $18 00 9 Work Shorts, 65/35 448 $0 24 $0 49 $0 14 $0 29 $15 00 10 Coveralls, 65/35 912 $0 34 $0 68 $0 20 $0 40 $21 00 11 Coveralls,100% Cotton 910 $0 42 $0 84 $0 25 $0 50 $20 00 12 Indura Flame-Resistant160694 $0 33 $066 $0 19 $039 $3500 Uniform Shirt 13 Indura Heavyweight Denim535$0 52 $1 04 $0 31 $062 $3700 Jeans 14 Sho Towels, Premium white164 N/A $009 N/A N/A $045 15 Sho Towels, Standard160 N/A $0 07 N/A N/A $0 45 16 Shop Towels, Heavy 2163 N/A $0 09 N/A N/A $0 45 17 Fender Covers 2190 N/A $0 66 N/A N/A $6 00 18 Glass Towels 2960 N/A $0 14 N/A N/A $1 00 19 Track Control Mats, 3x5' 84315 N/A $1 50 N/A N/A $40 00 20 Track Control Mats, 4x6' 84435 N/A $2 50 N/A N/A $65 00 21 Dust mo , 18", collapsible 2560 N/A $0 17 N/A N/A $5 00 22 Wet mo , lar e 2660 N/A $0 80 N/A N/A $10 00 23 Mop frame„ 18", collapsible N/A $0 00 N/A N/A $3 00 24 Air Freshener Refills N/A $2 00 N/A N/A N/A 25 Air Freshener Dispensers N/A No charge N/A N/A N/A nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 12 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 13 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 14 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 15 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property SA 10/01 a c Without limiting any of the Service Providers obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P O Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 16 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 17 Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement CITY OF FORT COLLINS, COLO/R/ADO a rncip Icorpor—tion\�� Y Jame B 'Neill II, CPPO, FNIGP Direcftivf Purchasing and Risk Management Date / Zi 2, _ CINTAS COjRPOFtATION �% By PRINT Date OR VICE PRESIDENT SA 10/01 EXHIBIT A SCOPE OF SERVICES 1) Cintas Corporation will provide garment leasing for the City of Fort Collins Transfort Division The City will be charged a weekly Leasing Cost for each garment, as outlined in Exhibit C Cintas will retain ownership of the garments, as outlined in the Cintas Unilease program Garment laundering will be the responsibility of the Transfort employee the garments are assigned to Any garments that require replacement due to normal wear will be replaced by Cintas at no charge to the City 2) All City employees participating in the Garment Leasing Program are required to fill out a Cintas Rental Uniform Enrollment Agreement This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee's final paycheck Replacement Costs are as outlined in Exhibit D of the Contract 3) Garments covered under this Program are as outlined in Exhibit C The City will determine the mix of items from that list that will be assigned to each participating Employee The City will determine the color, sleeve length, quantity, and any other options available within the product list, that will be assigned to each participating Employee The City retains the right to add or subtract garments available under this program, and add or subtract the quantity of garments as needed 4) Cintas will attach Indirect Embroidery logos to shirts, jackets, vests, etc as directed by the City The City will design the artwork for the logo, and will purchase the logos as needed Cintas will not charge a fee to attach the logos to garments, or to remove them should the garment no longer be required or needed SA 10/01 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance shovang the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law 2 Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractors insurance SA 10101 Exhibit C Transfort Uniform Weekly Leasing Cost Rental Item ✓#677 Qty Cost/Wk Lined Jacket 1 $0 50 J�175 Quilted Vest 1 $0 40 #838 Security Shirt, white or light blue, long or short 5 $1 56 sleeve #838 Security Shirt, white or light blue, long or short 3 $0 94 sleeve L-465 Pleated Uniform Slacks 5 $1 35 ✓#865 Pleated Uniform Slacks 3 $0 80 ✓#945 Comfort Fabric Work Pants 5 $1 14 --'/#945 Comfort Fabric Work Pants 3 $0 69 #828 Button-down Executive Shirt, blue & white 5 $124 pinstripe #828 Button-down Executive Shirt, blue & white 3 $0 75 pinstripe EXHIBIT D GARMENT REPLACEMENT COST 4677 Lined Jacket $33 00 #175 Quilted Vest $25 99 #838 Security Shirt (longsleeved or shortsleeved) $20 49 #865 Pleated Uniform Slacks $22 00 #945 Comfort Fabric Work Pants $16 50 #828 Button-down Executive Shirt (longsleeved or shortsleeved) $17 00