HomeMy WebLinkAboutC2018-309 - 6/12/2018 - Approved QyaB
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SERVICE AGREEMENT NO. 1689
' Z Uniform Rental for Utilities Department
THIS Uniform Rental for Utilities Department Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City") and Cintas Corporation ("Contractor"), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Uniform Rental for Utilities
Department in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which
RFB/RFP includes the required scope of work and all specifications and which
RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as
if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Uniform Rental for Utilities Department
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with
Exhibit 2.
2. Term. This Agreement is for 24 months,with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator
or Purchasing Division. This Agreement includes an option to extend the term
for up to zero additional zero-month periods ("Option Period"), provided, the
parties do so prior to expiration of the original term or the then-current Option
Period. The decision to exercise the option to extend the term of this
Agreement is, at all times, within the sole discretion of the City and is
conditioned upon the prior written agreement of the Contractor and the City
Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $130,027.64, subject to approved extensions and changes.
Payment will be made for Services completed and accepted by the City
within 30 days of acceptance, subject to receipt of an acceptable invoice.
All pricing must be in accordance with the attached Bid/Pricing Schedule,
as shown in Attachment B, the content of which is incorporated by
reference into this Agreement as if fully set out here in its entirety.
2018-309
6/12/15 Page 1 of B
M2018-093 'tas corp.
Cintas Corporation
INDEXED
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Joanna Moreno
Department: Utilities
Phone: (361) 826-1649
Email: JoannaM@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required
insurance coverages, to the City's Risk Manager and the Contract
Administrator. Additionally, the COI must state that the City will be given at
least 30 days' advance written notice of cancellation, material change in
coverage,or intent not to renew any of the policies. The City must be named
as an additional insured in Contractor's commercial general liability
insurance and auto liability insurance policies. The City Attorney must be
given copies of all insurance policies within 10 days of the City Manager's
written request. Insurance requirements are as stated in Attachment C, the
content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement
before performance can commence, the terms, conditions, and amounts
required in the bonds and appropriate surety information are as included in
the RFB/RFP or as may be added to Attachment C, and such content is
incorporated here in this Agreement by reference as if each bond's terms,
conditions, and amounts were fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its
right to specify time, place and quantity of Services to be delivered in the
following manner: any City department or division may send to Contractor
a purchase release order signed by on authorized agent of the department
or division. The purchase release order must refer to this Agreement, and
Services will not be rendered until the Contractor receives the signed
purchase release order.
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
7. Inspection and Acceptance. Any Services that are provided but not
accepted by the City must be corrected or re-worked immediately at no
charge to the City. If immediate correction or re-working at no charge
cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including
additional costs over the item's bid/proposal price, must be paid by the
Contractor within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended
purpose, and of good material and workmanship. The Contractor warrants
that it has clear title to the products and that the products are free of liens or
encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is
attached to this Agreement and is incorporated by reference into this
Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the
Bid/Pricing Schedule are estimates only and do not obligate the City to order
or accept more than the City's actual requirements nor do the estimates
restrict the City from ordering less than its actual needs during the term of the
Agreement and including any Option Period. Substitutions and deviations
from the City's product requirements or specifications are prohibited without
the prior written approval of the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of
any fiscal year of the City,which fiscal year ends on September 30th annually,
is subject to appropriations and budget approval specifically covering this
Agreement as an expenditure in said budget, and it is within the sole
- discretion of the City's City Council to determine whether or not to fund this
Agreement. The City does not represent that this budget item will be
adopted, as said determination is within the City Council's sole discretion
when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its
own manner and method, and under no circumstances or conditions will any
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
agent, servant or employee of the Contractor be considered an employee
of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Contractor must obtain prior written approval from the
Contract Administrator if the subcontractors were not named at the time of
bid or proposal, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors
and their employees to the same extent as if the Contractor and its
employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the
City Manager shall be provided proof of payment of these taxes within 15
days of such request.
16. Notice. Any notice required under this Agreement must be given by fax,
hand delivery, or certified mail, postage prepaid, and is deemed received
on the day faxed or hand-delivered or on the third day after postmark if sent
by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
_. Title: Contracts/Fund Administrator
Address: 2726 Holly Road Corpus Christi, Texas 78415
Fax: 1361) 826-3174
IF TO CONTRACTOR:
Cintas Corporation Not.
Attn: Robert Moseley
Title: Service Manager
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
Address: 301 Junior Beck Drive, Corpus Christi, Texas 78405
Fax: [361) 289-6571
17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS,
EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST
ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND
CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY
OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND
EXPERT WITNESS FEES, TO THE EXTENT CAUSED BY THE
CONTRACTOR'S NEGLIGENCE OR WILLFUL MISCONDUCT IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT,
EXCEPT TO THE EXTENT THE INJURIES, DEATH OR DAMAGES ARE
CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES. CONTRACTOR
MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND
DEMANDS SUBJECT TO INDEMNIFICATION HEREUNDER, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS
BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY
ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER
COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.
THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT.
18. Termination. •
)A) The City Manager may terminate this Agreement for Contractor's failure
to perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Contractor written notice of the breach
and set out a reasonable opportunity to cure. If the Contractor has not
cured within the cure period, the City Manager may terminate this
Agreement immediately thereafter.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The
City Manager may also terminate this Agreement upon 24 hours written
notice to the Contractor for failure to pay or provide proof of payment of
taxes as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any
right or interest contained herein, is effective unless the City Manager first
gives written consent to such assignment. The performance of this
Agreement by the Contractor is of the essence of this Agreement, and the
City Manager's right to withhold consent to such assignment is within the sole
discretion of the City Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable
and, if, for any reason, any provision or part of this Agreement is determined
to be invalid and contrary to applicable law, such invalidity shall not impair
the operation of nor affect those portions of this Agreement that are valid,
but this Agreement shall be construed and enforced in all respects as if the
invalid or unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies
between this Agreement, its attachments, and exhibits, such conflicts and
inconsistencies will be resolved by reference to the documents in the
following order of priority:
A. this Agreement and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Contractor's bid response (Exhibit 2)
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to
complete Form 1295 "Certificate of Interested Parties" as part of this
Agreement.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company
for goods or services unless the contract contains a written verification from
the company that it: (1) does not boycott Israel;and (2) will not boycott Israel
during the term of the contract. The signatory executing this Agreement on
behalf of the Contractor verifies that the company does not boycott Israel
and will not boycott Israel during the term of this Agreement.
City of Corpus Christi Page 6 of B
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
24. Governing Law. This Agreement is subject to all federal,State, and local laws,
rules, and regulations. The applicable law for any legal disputes arising out
of this Agreement is the law of the State of Texas, and such form and venue
for such disputes is the appropriate district, county, or justice court in and for
Nueces County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes
all prior negotiations, arrangements, agreements and understandings, either
oral or written, between the parties.
[SIGNATURE PAGE TO FOLLOW]
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
CONTRACTOR: CINTAS CORPORTION NO. 2
Signature:
Printed Name: 'f,Pc'Lia2_ -/z e
Title: ( ,1".ve/zif C 4('szL
Date: 7.- 2)/K
CITY OF CORPUS CHRISTI
Signature: Oen -1�
Printed Name: C N9-r ct Tay ‘t--
Title: Pr a c . i.. .�..� Q-:7C, e..r
Date: 6/ 1 3
ATTEST: k ' / A_ r ;4
Attached and Incorporated by Reference: RE:ECCA HUERTA
CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements M1 C
Y U I nw%,....
Incorporated by Reference Only: sY COUNCIL 2
2,
Exhibit 1 : RFB/RFP No. N/A
Exhibit 2: Contractor's Bid/Proposal Response SECRETARY
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form-Cintas Corp.
Approved as to Legal Form 2/16/18
OSP U S cti�
, Attachment A: Scope of Work
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itib2
Project name: Uniform Rental for Utilities Department
Scope of Work:
Contractor will supply rental of uniforms for City and temporary employees.
1. Contractor will pick up soiled garments and deliver the clean garments on
a weekly basis.
2. Pick up and deliveries will happen during working hours.
3. Contractor will inspect uniforms for any needed repairs or replacement.
4. Contractor will make repairs or replace garments with the contract
administrator's approval.
5. Contractor will work directly with the contract administrator.
6. Uniform Advantage Program which covers repair or replacement charges
for damaged or aged out pants and shirts.
7. Size premium covers size upcharges for pants and shirts.
8. Prep Plan covers ID Tape charge on shirts, pants and shorts for new
employee set up as well as ID tape charge on shirts, pants and/or shorts
that require repair or replacement as defined in Uniform Advantage.
9. Emblem covers City Emblem charge on shirts, pants and shorts for new
employee set-up, as well as emblem charges on shirts, pants and/or shorts
that require repair or replacement as defined in Uniform Advantage.
10. Send all invoices to the contract administrator for review and/or processing.
Page 1 of 1
Attachment B: Quote/Pricing Schedule
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READY FOR THE WC)RK()AY
CITY OF CORPUS CHRISTI-UTILITIES DEPARTMENT '
U.S.Communities Contract#12-JLH-011C
U.S.Communities Unit Price
Item R Stem De :notion Weekly Leese Pricing QtY
(no deeming) weekly
-52) Extended Price
330 Mere Long Sleeve Shirt Cotton $0.186 1,800 $ 17,409.60
935 Mans Long Sleeve Shirt $0.140 588 $ 4,280.64
340 Mens Pants $0.262 1.600 $ 21,793.10
394 Mens Pants-Jeans $0.226 600 $ 7,051.I0
945 Mens Pants $0.160 — 188 $ 1,564.16
970 Jacket $0.318 398 $ 6,581.33
106 Service Charge $0.000 0 $
Site Premium $0.156 180 $ 1,460.16
Emblem Charge' $2.500 600 S 1.500.00
Make-Up/Prep Charge' $1.555 600 5 933.00
$ 62,578.49
Item f Item Description U.S.Commtnitles Unit Price Qty Extended Price
Lost Replacement Charge
330 Mens Long Sleeve Shirt Cotton $17.617 24 $ 422.81
935 Mens Long Sleeve Shirt $15345 24 5 373.08
340 NenPants $24.612 � 24 $ 590,69
394 Mere Pants-Jeans $20.209 24 $ 485.02
945 Mens Pants $18.394 24 $ 441.46
970 Jacket $30.572 4 $ 122.29
$ 2,435.34
Annual price GRANO TOTAL $ 65,033.82
'Not weekly pricing/one time charge,per garment for new issue:,reppemenl,or damages
Local Contact.
Robert Moseley 24 Months$ 130,027.64
Service Manager
361113.2154
Attachment C -Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management one (I) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional insured
on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on all applicable policies. Endorsements must be
provided with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change, or termination required on all
-- -- -- certificates and policies.
COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
--- Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall hove the option to suspend
Contractor's performance should there be a lapse in coverage of any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Utilities
Employee Work Uniform Services
02/12/2018 sw Risk Management
Valid Through 12/31/2018
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; section 5. (B) is null for this
service agreement.
Attachment D - Warranty Requirements
No warranty requirements necessary for this service agreement; Section 8. Warranty
is null for this Service Agreement.