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HomeMy WebLinkAboutPR 23398: AUTHORIZING A FIVE-YEAR RENTAL CONTRACT WITH CINTAS CORPORATION ,q i , .,,, ,, 4 _TT.: E ___-4. City of o r t ftltus ,_. 7/„.......(--ras www.PortArthurTx.gov INTEROFFICE MEMORANDUM I Date: October 27, 2023 To: The Honorable Mayor and City Council i Through: Ronald Burton, City Manager From: Flozelle C. Roberts,E.I.T., M.Eng., M.B.A.,Public Works Director RE: P.R. 23398—Authorizing a five-year rental contract with Cintas Corporation Introduction: The intent of this agenda item is to authorize the City Manager to enter into a five-year rental contract with Cintas Corporation of Cincinnati, Ohio, through the Omnia Partners Cooperative Purchasing Program for the rental of the Public Works Departments uniforms for the not-to- exceed amount of$36,816.00 annually. Background: The Public Works Department supplies members of each division with uniform shirts with name tags and City emblems and pants. This effort improves our image, promotes professionalism, provides protection, improves security, and increases identification and recognition of employees when out in public. Budget Impact: There will be a budgetary impact of$36,816.00 annually for uniforms from Drainage Uniform Account Number 001-21-055-5251-00-70-000; Facilities Maintenance Uniform Account Number 001-21-059-5251-00-70-000; Landfill Uniform Account Number 403-50-320-5251- 00-00-000; Solid Waste Commercial Uniform Account Number 403-50-315-5251-00-00-000; Solid Waste Residential Uniform Account Number 403-50-310-5251-00-00-000; Solid Waste Trash Uniform Account Number 403-50-305-5251-00-00-000; Streets Uniform Account Number 001-21-053-5251-00-70-000; Traffic Uniform Account Number 001-21-0547-5251- 00-70-000. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that the City Council approves P.R. 23398 authorizing the City Manager to execute a contact with Cintas Corporation of Cincinnati, Ohio, through the Omnia Partners Cooperative Purchasing Program for the rental of uniforms for the not-to-exceed amount of $36,816.00 annually. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.No.23398 10/27/2023 LLJ Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER IN A FIVE-YEAR RENTAL SERVICE AGREEMENT WITH CINTAS CORPORATION OF CINCINNATI, OHIO, THROUGH OMNIA PARTNERS FOR UNIFORMS AND UNIFORM MAINTENANCE FOR THE NOT-TO-EXCEED ANNUAL AMOUNT OF $36,816.00. FUNDS ARE AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS LISTED WHEREAS, the Public Works Department rents uniforms from Cintas Corporation of Cincinnati, Ohio, through the Omnia Partners Cooperative Purchasing Program; and, WHEREAS, the annual cost for the department's employee uniform rental services is not-to-exceed annual total of$36,816.00 (see attachment A) for a term of 60 months from the date of execution; and, WHEREAS, Chapter 271.102 of the Texas Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs, such as Omnia Partners, as an alternative to formal bid process; and, WHEREAS, per Resolution Nos. 11-195 and 18-140, the City entered into interlocal agreements for cooperative purchasing with U.S. Communities and National IPA respectively, now known as Omnia Partners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, City Council hereby authorizes the execution of a rental service agreement, in substantially the same form as attached hereto as Exhibit "B", on behalf of the Public Works Department for employee uniform rental services with Cintas Corporation of Cincinnati, Ohio, through Omnia Partners, for the not-to-exceed annual amount of $36,816.00 for a term of 60 months from the date of execution; and, P.R.No.23398 10/27/2023 LLJ Page 2 of 3 THAT, funding for these uniforms is provided for in the Drainage Uniform Account Number 001-21-055-5251-00-70-000; Facilities Maintenance Uniform Account Number 001-21- 059-5251-00-70-000; Landfill Uniform Account Number 403-50-320-5251-00-00-000; Solid Waste Commercial Uniform Account Number 403-50-315-5251-00-00-000; Solid Waste Residential Uniform Account Number 403-50-310-5251-00-00-000; Solid Waste Trash Uniform Account Number 403-50-305-5251-00-00-000; Streets Uniform Account Number 001-21-053- 5251-00-70-000; Traffic Uniform Account Number 001-21-0547-5251-00-70-000; and, THAT, a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of , 2023 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ,• Councilmembers: NOES: Thurman Bill Bartie Mayor P. R.No.23398 10/27/2023 LLJ Page 3 of 3 ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: e'er- Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager ozelle . oberts , ng, MBA, CPM Public rks Dir APPROVED AS TO THE AVAIL LITY OF FUNDS: Kandy Daniel )- '- Finance Director Clifto E. Williams,Jr., CPPB Purchasing Manager P. R.No.23398 10/27/2023 LLJ Page 4 of 4 EXHIBIT "A" c::, 00 ‘.0 N 00 O 00 0 .O 00 O N Es-- 00 O �D M O C M N o0 ''aO o Q. N M M V) 00 V) _ _ 'O c; ,O 6A 6R 6R 6A EA 6A 6R Y9 ad CU 3 i M as O C' 0, N r. N CT •-- 1--- n In O cn o0 kn O — _ N �O Ff3 6A 6A 69 EA EA EA b9 R 0, O O }, as. N N C' O 6R ER EA EA O al E n a) co o U a `` C ,- o w W ¢o [i F- c -cc C O ct a) to OD ro ea >, c c o c Q ^a C CU Q. O O 000 00 r � qD of:, O `kr? N oc cu 00 r O N U N p O b0 •O C r CT vO N 00 .c y ER EA EA EA ER 6R 69 EA 6A N EA 4 u N N N N N NNNNN N _ U1 V1 V1 , V1 V) V7 in V) V) V) ea O co r M .p O N N 0 - O� O M C O• cn 4 O N -- M Np 00 _ V'1 M M 00 M z 69 6A 6R 6A 6A 6A 6A .en EA EA 0.4 0A CI L Y Q 1 F.:.4 ,� z w Q • O V W F- C.: FQ'. U .- 0 64 ..1 • o F' . 4. c4 k4 z p Z r4J rs z rs. °4-. o c. Q es., Q z G F. O v z 0 4' v c,.) Q z P. R.No.23398 10/27/2023 LLJ Page 4 of 4 EXHIBIT "B" PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the day of , 2023, by and between an individual, firm partnership or corporation, Cintas Corporation, of Cincinnati, Ohio, hereinafter called "Contractor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be for sixty months from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle, with thirty (30) days written notice. 2. The Vendor will supply uniforms as delineated in the contract. 3. During the term of this Contract, the Vendor will furnish all cargo pants, enhanced VLS comfort shirt, Comfort jacket, Carhardt denim jeans, Nomex shirts, not to exceed $36,816.00 annually. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)Specifications (C)General Information (D)Bid (E)Notice of Award (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2023. WITNESS: CONTRACTOR: CINTAS CORPORATION Print Name: Title: SIGNED AND AGREED to on the day of , 2023. ATTEST : CITY OF PORT ARTHUR: Sherri Bellard, City Secretary Ron Burton, City Manager Workplace Solutions Cooperative Acceptance Agreement dimrAs, pp g READY FOR THE WORKDAY Location#: 084 Contract#: 210251322 Customer#: 13582255 Main Corporate Code—•13897 GPO#211011196 MLA#211011348 Date: 10-5-23 Customer/Participating Agency City of Port Arthur ("Customer") Phone: 409-983-85D1 Address:W SERVICE DR Ci: : Port Arthur State:TX Zip: 77640 UNIFORM PRODUCT RENTAL PRICING: ITEM# DESCRIPTION STANDARD ITEM UNIT PRICE REEPLACPLACE..VALUE E ALUE 270 Cargo Pant ®Yes 0 No $0.28 $26.10 59935 Enhanced Vis Comfort Shirt ®Yes ❑No $0.60 $30.60 970 Comfort Jacket ®Yes ❑No $0.44 $31.95 381 Carhartt Denim Jean ®Yes 0 No $0.32 $24.30 280 FR Carhartt Denim Jean ®Yes ❑No $0.53 $49.50 656 Nomex Shirt ®Yes ❑No $0.70 $63.00 Space for additional entries provided on page 5 This Workplace Solutions Cooperative Acceptance Agreement(this"Acceptance Agreement")is effective as of the date of execution for a term of 60 months from the date of installation or renewal the"Term"). Standard Name Emblem S 1.67 ea Standard Agency Emblem — $ 1.67 ea Custom Agency Emblem $ 2.00 ea Embroidery $N/A ea Uniform Advantage Item:All Non FR items $ .009 ea per week Premium Uniform Advantage ' Item:All FR items $ 0.18 ea per week Emblem Advantage Item: All items $ 0.068 ea per week Prep Advantage Item:All items $ 0.057 ea per week Minimum Charge $35 per delivery or 50%of initial invoice(the greater of the two). R Make-up Charge $ 2.25 per garment Non-Standard/Special Cut Garment(i.e.,non-standard,non-stocked unusually small or large sizes,unusually $ 0.15 per garment short or long sleeve or length,etc.)premium Seasonal Sleeve Change $ 5.00 per garment Under no circumstances will Cintas accept textiles bearing free liquid.Shop towels may not be used to dean up oil or solvent spills. _Artwork Charge for Logo Mat __ , $ 150.00'waived within 60 days of renewal date if choose to add logo mats Payment Terms:Net 30 Customer agrees to have employees measured by a Cintas representative using garment"size samples" Size Change or Cintas TruFit.A charge of$5.00 per garment will be assessed for employee's size changed within 4 weeks of installation. Other WORKPLACE SERVICES PRODUCTS PRICING: ITEM# DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE 10184 3x5 scraper mat 1 any $4.32 ) 2160 Shop Towels Red 1 any $0.12 84050 3x10 Brown Mat 1 any $3.29 84350 3x5 Brown Mat 1 any $2.24 84450 4x6 Brown Mat 1 any $2.13 ' 84035 3x10 Black Mat 1 any $3.29 84335 3x5 Black Mat 1 any $2.24 84435 4x6 Black Mat 1 any $2.13 Space for additional entries provided on page S _Automatic Lost Replacement Charge Item:N/A %of inventoryN/A $N/A ea Automatic Lost Replacement Charge t Item:N/A %of inventoryN/A $N/A ea CHECKBOX INITIALS DATE Initial and check box if Unilease.All Garments will be cleaned by customer. ❑ 10-5-23 Initial and check box if receiving Linen Service.Company will take periodic physical inventories of items in possession or under control. ❑ Initial and check box if receiving direct embroidery.If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason,or terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,Customer will purchase ❑ all direct embroidered garments at the time they are removed from service at the then current replacement values.(See Section 6 of Cintas General Service Terms Section). Cintas Representative Initials: UCH Customer Initials: Page t of Rev.8.4.23 PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THIS ACCEPTANCE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ,AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY,THESE TERMS. OMNIA PARTICIPATING PUBLIC AGENCIES TERMS 1. Participating Public Agencies.Cintas Corporation No.2("Cintas")agrees to extend the same terms,conditions,and covenants agreed to under the OMNIA Vendor Agreement executed between Cintas and University of Nebraska(the"Master Agreement")to other government agendas("Participating Public Agencies")that,in their discretion,desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto.Each Participating Public Agency will be exclusively responsible and deal directly with Cintas on matters relating to length of agreement,ordering,delivery,inspection,acceptance,invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement.By executing this Acceptance Agreement,the Customer identified on Page 1 herein agrees to be bound by the terms and conditions set forth in the Master Agreement as a Participating Public Agency and the terms and conditions set forth in this Acceptance Agreement.Master Agreement available at https://www.omniapartners.com/publicsector. 2. Dispute Resolution-Arbitration and Class Waiver.This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice.Customer agrees to the maximum extent permitted by law that any dispute,controversy,or claim arising out of or relating to this Acceptance Agreement(including its enforcement,performance,breach,arbitrability,or interpretation)or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration.ARBITRATION MEANS THAT AN ARBITRATOR,AND NOT A JUDGE OR A JURY,WILL DECIDE THE DISPUTE,CONTROVERSY,OR CLAIM.BY ACCEPTING THESE TERMS,YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BYJURY AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION,COLLECTIVE ACTION,OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT.,To the extent a class or collective action or representative claim or proceeding may not be waived,you agree to stay any such actions,claims, and proceedings until after all actions,claims,and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures.Any arbitration between Customer and Cintas will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes(collectively,"AAA Rules")of the American Arbitration Association("AAA"),as modified by this Acceptance Agreement,and will be administered by the AAA.The AAA Rules and filing forms are available online at www.adr.org,by calling the AAA at 1.800-778-7879,or by contacting Cintas. Any arbitration hearings will take place in the state in which Customer is located;provided,however,that if the claim is for$10,000 or less, Customer may choose for the arbitration instead to conducted:(I)solely on the basis of documents submitted to the arbitrator.,or(ii)through a telephonic hearing. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award,if any,are based. c. Fees.Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in Arbitration or in Any Court,No Jury Trial.CUSTOMER AND CINTAS AGREE THAT,TO THE MAXIMUM EXTENT PERMITTED BY LAW,EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,WHETHER IN ARBITRATION OR IN ANY COURT.FURTHER,UNLESS BOTH CUSTOMER AND CINTAS AGREE OTHERWISE,AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OFA REPRESENTATIVE OR CLASS PROCEEDING. FOR THE AVOIDANCE OF DOUBT,CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL,NON-REPRESENTATIVE,NON-CLASS BASIS IN ARBITRATION,BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. a. Enforceability.If the requirement to submit any and all disputes,controversies,and claims to binding arbitration is found to be unenforceable or contrary to applicable law,the dispute,controversy or claim will be resolved in accordance with,and governed by,the laws of the State in which the Participating Public Agency exists. f. Severability.If any section or provision of this¶2,Dispute Resolution-Arbitration and Class Waiver,is found to be unenforceable or invalid,the parties will substitute an enforceable provision that,to the maximum extent possible under applicable law,preserves the original intentions of the parties,and the remainder will be given full force and effect. 3. Dispute Resolution-Timing of invoice challenges:Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer's receipt of the contested invoice,or any billing dispute is waived. Notification to Cintas of a request for an invoice adjustment must be made in writing and must include the invoice number,disputed amount,and the reason for the disputed charge. 4. In the event of any conflict between this Acceptance Agreement and the Master Agreement,the Master Agreement shall prevail,except to the extent this Acceptance Agreement specifically provides that it is superseding a provision in the Master Agreement. CINTAS GENERAL SERVICE TERMS SECTION 1. Prices Customer agrees to rent from Cintas,and Cintas agrees to provide to Customer,the merchandise,inventory and services at the prices listed in the Master Agreement and/or outlined above.There will be a minimum charge of thirty-five dollars(S35.00)or 50%of initial invoice(whichever is greater)per delivery for each Customer location required to purchase its rental services from Cintas as set forth in this Acceptance Agreement. 2. Buyback of Non-Standard Garments Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company's normal rental product line or include direct embroidery or an unusual emblem placement.Non-standard items will also include standard garments that have been embroidered.Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s).In the event the Customer deletes a non-standard product,alters the design of the non-standard product,fails to renew the Agreement,or terminates the Agreement in whole or in part for any reason,the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values. ' 3. Garments'Lack of Flame Retardant or Acid Resistant Features Unless specified otherwise in writing by Cintas,the garments supplied under this Acceptance Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features.They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible.Flame resistant and acid resistant garments are available from Cintas upon request.Customer warrants that none of the employees for whom garments are supplied pursuant to this Acceptance Agreement require flame retardant or acid resistant clothing. 4. Logo Mats In the event that Customer decides to delete any mat bearing the Customer's logo(Logo Mat)from the rental program,changes the design of the Logo Mats,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change or termination,all remaining Logo mats that Cintas has in service and out of service held in inventory at the then current Loss/Damage Replacement Value. 5. Adding Employees Additional employees and merchandise may be added to this Acceptance Agreement at any time upon written or oral request by the Customer to Cintas.Any such additional employees or merchandise shall automatically become a part of and subject to the terms of this Acceptance Agreement.If such employees are employed at a Customer location that is then participating under this Acceptance Agreement,the Customer shall pay Cintas the one-time preparation fee indicated on the Master Agreement and/or outlined above.Customer shall not pay Cintas any one-time preparation fee for garments for employees included in the initial installation of a Customer location.There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems. 6. Emblem Guarantee If Customer has requested that Cintas supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter"Customer Emblems"),Cintas will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a low cast per emblem through quantity purchases. In the event Customer decides to discontinue the use of Customer Emblems,changes the design of the Customer Emblems,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change,termination or expiration,all remaining Customer Emblems that Cintas allocated to Customer at the price indicated on the Master Agreement and/or outlined above of this Acceptance Agreement.In no event shall the number of Customer Emblems allocated to Customer exceed the greater of(a)twelve(12)months'volume for each unique Customer Emblem or(b)a quantity agreed to by Cintas and Customer and noted on the Master Agreement and/or outlined above. 7. Terminating Employees Subject to the provisions of this Acceptance Agreement,the weekly rental charge attributable to any individual leaving the employ of the Customer,or on a temporary leave of absence of three(3)weeks or more,shall be terminated upon oral or written notice by the Customer to Cintas but only after all garments issued to that individual,or value of same at the then current Loss/Damage Replacement Values,are returned to Cintas. 8. Replacement In the event any merchandise is lost,stolen or is not returned to Cintas,or is destroyed or damaged by fire,welding damage,acid,paint,ink,chemicals, neglect or otherwise,the Customer agrees to pay for said merchandise at the then current Loss/Damage Replacement Values. 9. Additional Customer Locations.Notwithstanding anything to the contrary contained herein,there will be a minimum term equal to the greater of thirty-six(36)months or the remainder of the Term for any individual Customer location added after the date of this Acceptance Agreement. Cintas Representative Initials: V Eau Qmer_'liv3cals':�{ Page2oiu Rev.8.4.23 10.Additional Items:Additional Customer employees,products and services may be added to this Acceptance Agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions.If this Acceptance Agreement is terminated early for convenience,the parties agree that the damages sustained by Cintas will be substantial and difficult to ascertain.Therefore,if this Acceptance Agreement is terminated by Customer prier to the applicable expiration date for any reason other than documented quality of service reasons which are not cured,or terminated by Cintas for non-payment by Customer at any time Customer will pay to Cintas,as termination charges and not as a penalty based upon the following schedule: - If this Acceptance Agreement is cancelled for convenience in the first twelve months of the term,Customer shall pay as termination charges equal to 52 weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months thirteen(13)through twenty-four(24)of the term,Customer shall pay as termination charges equal to thirty-nine(39)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months twenty-five(25)through thirty-six(36)of the term,Customer shall pay as termination charges equal to twenty-six(26)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience after forty-eight(48)months of service,Customer shall pay as termination charges of thirteen(13)weeks of rental service. - Customer shall also be responsible to return all of the merchandise allocated to such Customer locations terminating this Acceptance Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer's account prior to termination. 11. Federal Funds.In no event will Cintas act as a subcontractor under a U.S.federal prime contractor or a subrecipient under a U.S.federal grant or cooperative agreement. 12. Customer Funding Source.Customer must select the appropriate response below: Is Customer a United States federal government agency or instrumentality,or will Customer pay for the goods and services ordered under this Acceptance Agreement with any United States government funds? 0 Yes ❑No (If Yes,Customer must provide any applicable U.S.government flowdown terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 13. Additional Terms.Customer must select the appropriate response below: Does Customer require any additional terms and conditions to be incorporated into this Acceptance Agreement,or is Customer accepting this Acceptance Agreement without additional terms? ❑Yes,additional terms required ®No additional terms needed (If yes,Customer must provide any applicable additional terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 14. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided.I am authorized to sign on behalf of this company.In addition,I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. Cintas Location#: 084 ? Customer Signature, By: Janet Calaway Print Natne. Title: Key Account Manager Print Title* Accepted-GM: Erriai t/ Cintas Matrix Account ❑Yes m No Custortter_Cont cti- Cintas MAM Partners: Customer Contact Ertia Cintas Representative Initials: \J .J. Customer Initials:(` Page 3 of 6 Rev.8.4.23 Accounts Payable Contact dBilling Information O�A READY FOR THE WORKDAY' How should the Business Name read on the invoice? City of Port Arthur Do you have other sites/locations within your company that are set up for billingwith Cintas? ®YES 0 NO 0 UNSURE Are you Tax Exempt? ®YES ❑NO PL_'gs,Where-an f;get p!w ,l cky'itr ft]i email PAYER INFORMATION:This section covers the address where the person who pays the bills is and their contact information. AMTeit=I aSI "Cantact Name' on file AetatihrRaVObiktiieftWMfke if: AiferaWrit MiiI5Ie mil: City:Weslaco ST/PROV: TX ZIP/PC: 78596 We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. BILL-TO INFORMATION:This section covers where the bill will be mailed/sent to. m Same as Payer OR ❑Same as Sold-To BillgTo St?eat Adelie55: ON File SR6RRt 1t: ZIP/RG: WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING Invoice Delivery(choose one): 0 Leave at Site and Email 0 Email Only 0 Physically Mail 0 Leave at site after service Do invoices require a purchase order? ®YES ❑ NO if ye;piease.p?oviV O# Will the same PO need to appear on each invoice? 0 YES 0 NO Is there an, p)Fa illgrAtle�,., PAYMENT TERMS:Net 30 Standard PAYMENT OPTIONS El Check ❑ACH/EFT-We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details ❑Credit Card-We will have our Payment Center contact the AP Contact above for credit card details Unless noted below,your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing.myCintas allows you to conveniently access your account anytime using your computer,tablet,or mobile device! Do not send information about Online Bill Pay(US Only) Cintas Representative Initials:_C� +rdsfomer.lnitiats:� Page 4 of 6 Rev.8.4.23 UNIFORM PRODUCT RENTAL PRICING(cont.): Continued from.cape ITEM# DESCRIPTION STANDARD ITEM UNIT PRICE LOSS/DAMAGE REPLACE.VALUE 935 Comfort Work Shirt ®Yes ❑No $0.18 $21.60 945 Comfort Work Pant ®Yes ❑No $0.21 $23.40 389 Cathy Cargo Pants ®Yes ❑No $0.77 $25.65 370 Cargo Shorts ®Yes ❑No $0.72 $19.80 ®Yes ❑No Yes 0 No ❑Yes ❑No ❑Yes 0 No ❑Yes ❑No O Yes 0 No ❑Yes ❑No ❑Yes ❑No El Yes No ❑Yes 0 No ❑Yes 0 No O Yes 0 No El Yes ❑No ❑Yes No ❑Yes ❑No O Yes 0 No ❑Yes ❑No ❑Yes ❑No ❑Yes 0 No ❑Yes ❑No ❑Yes 0 No ❑Yes ❑No WORKPLACE SERVICES PRODUCTS PRICING(cont.): ITEM li DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE 2570 36"Dust Mop 1 any $1.598 2650 Wet Mop Large 1 any $2.246 27069 Sanis Soap Service 1 any $2.804 7717 Microfiber Towels 1 Min Inv 25 $0.293 9314 Heavy Duty Hand Scrub Service 1 any $2.23 9559 Sig Hand Sanitizer Stand 1 any $0.90 27180 Sig Desktop Stand 1 any $0.90 84315 3x5 Red Mat 4 any 12.15 2700 Terry Towels 1 Min Inv 25 $0.13 2604 48"Dust Mop 1 any $2.635 62299 Wet Wipe Dispenser Can 1 any $0.45 Cintas Representative Initials\JLi Customer Irutials Page s Ufa Rev.8.4.23 LOCATION LISTING Cintas Representative Initials: NC% egitlififriatriitialdi /\ Page 6 of 6 Rev.8.4.23 Workplace Solutions dISITAS, Coo erative Acce tance A reement RE ORTHoAY Location#: 084 Contract#: 210249729 Customer#: 13582314 Main Corporate Code—0 13897 GPO#211011196 MLA#211011348 Date: 10-5-23 Customer/Participating Agency: City of Port Arthur "Customer") Phone: 409-983-8501 Address:444 4TH ST City: Port Arthur State:TX Zii,: 77640 UNIFORM PRODUCT RENTAL PRICING: ITEM# DESCRIPTION STANDARD ITEM UNIT PRICE REPLACE.YAWS 270 Cargo Pant ®Yes ❑No $0.28 $26.10 59935 Enhanced Vis Comfort Shirt ®Yes ❑No $0.60 $30.60 970 Comfort Jacket ®Yes ❑No $0.44 $31.95 381 Carhartt Denim Jean ®Yes ❑No $0.32 $24.30 280 FR Carhartt Denim Jean ®Yes 0 No $0.53 $49.50 656 Nomex Shirt ®Yes ❑No $0.70 $63.00 Space for additional entries provided on page 5 This Workplace Solutions Cooperative Acceptance Agreement(this"Acceptance Agreement")is effective as of the date of execution fora term of 60 months from the date of installation or renewal the"Term":. Standard Name Emblem $ 1.67 ea Standard Agency Emblem $ 1.67 ea Custom Agency Emblem S 2.00 ea Embroidery $N/A ea Uniform Advantage Item:All Non FR items $ .009 ea per week Premium Uniform Advantage Item:All FR items $ 0.18 ea per week Emblem Advantage Item: All items $ 0.068 ea per week Prep Advantage Item:All items $ 0.057 ea per week Minimum Charge $35 per delivery or 50%of initial invoice(the greater of the two). Make-up Charge $ 2.25 per garment Non-Standard/Special Cut Garment(i.e.,non-standard,non-stocked unusually small or large sizes,unusually $ 0.15 per garment short or long sleeve or length,etc.)premium Seasonal Sleeve Change $ 5.00 per garment Under no circumstances will Cintas accept textiles bearing free liquid.Shop towels may not be used to clean up oil or solvent spills. Artwork Charge for Logo Mat $ 150.00*waived within 60 days of renewal date if choose to add logo mats Payment Terms:Net 30 Customer agrees to have employees measured by a Cintas representative using garment"size samples" Size Change or Cintas TruFit.A charge of S 5.00 per garment will be assessed for employee's size changed within 4 weeks of installation. Other WORKPLACE SERVICES PRODUCTS PRICING: ITEM# DESCRIPTION RENTAL FREQ. ', INVENTORY ! UNIT PRICE 10184 3x5 scraper mat 1 any $4.32 2160 84050 84350 84450 84035 Shop Towels Red 1 any $0.12 3x10 Brown Mat 1 any $3.29 3x5 Brown Mat 1 any $2.24 4x6 Brown Mat 1 any $2.13 3x10 Black Mat 1 any $3.29 84335 3x5 Black Mat 1 any $2.24 84435 4x6 Black Mat 1 any $2.13 Space for additional entries provided on page 5 Automatic Lost Replacement Charge Item:N/A %of inventoryN/A S N/A ea Automatic Lost Replacement Charge Item:N/A %of inventoryN/A $N/A ea CHECKBOX INITIALS DATE Initial and check box if Unilease.All Garments will be cleaned by customer. Q 10-5-23 Initial and check box if receiving Linen Service,Company will take periodic physical inventories of items El in possession or under control. Initial and check box if receiving direct embroidery.If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason,or terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,Customer will purchase El - all direct embroidered garments at the time they are removed from service at the then current replacement values.(See Section 6 of Cintas General Service Terms Section). Cintas Representative Initials: V CI Customer Initials!' Page 1 of 6 Rev.8.4.23 PLEASE READ THESE TERMS CAREFULLY.BY SIGNING THIS ACCEPTANCE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ,AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY,THESE TERMS. OMNIA PARTICIPATING PUBLIC AGENCIES TERMS 1. Participating Public Agencies.Cintas Corporation No.2("Cintas")agrees to extend the same terms,conditions,and covenants agreed to under the OMNIA Vendor Agreement executed between Cintas and University of Nebraska(the"Master Agreement")to other government agencies("Participating Public Agencies")that,in their discretion,desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto.Each Participating Public Agency will be exclusively responsible and deal directly with Cintas on matters relating to length of agreement,ordering,delivery,inspection,acceptance,invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement By executing this Acceptance Agreement,the Customer identified on Page 1 herein agrees to be bound by the terms and conditions set forth in the Master Agreement as a Participating Public Agency and the terms and conditions set forth in this Acceptance Agreement.Master Agreement available at https://www.omniapartners.com/publicsector. 2. Dispute Resolution-Arbitration and Class Waiver.This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice.Customer agrees to the maximum extent permitted by law that any dispute,controversy,or claim arising out of or relating to this Acceptance Agreement(including its enforcement,performance,breach,arbitrability,or interpretation)or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration.ARBITRATION MEANS THAT AN ARBITRATOR,AND NOT A JUDGE OR A JURY,WILL DECIDE THE DISPUTE,CONTROVERSY,OR CLAIM.BY ACCEPTING THESE TERMS,YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION,COLLECTIVE ACTION,OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT.To the extent a class or collective action or representative claim or proceeding may not be waived,you agree to stay any such actions,claims, and proceedings until after all actions,claims,and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures.Any arbitration between Customer and Cintas will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes(collectively,"AAA Rules")of the American Arbitration Association("AAA"),as modified by this Acceptance Agreement,and will be administered by the AAA.The AAA Rules and filing forms are available online at www.adr.org,by calling the AAA at 1-800-778-7879,or by contacting Cintas. Any arbitration hearings will take place in the state in which Customer is located;provided,however,that if the claim is for$10,000 or less, Customer may choose for the arbitration instead to conducted:(i)solely on the basis of documents submitted to the arbitrator;or(ii)through a telephonic hearing. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award,if any,are based. c. Fees.Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in Arbitration or in Any Court,No Jury Trial.CUSTOMER AND CINTAS AGREE THAT,TO THE MAXIMUM EXTENT PERMITTED BY LAW,EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,WHETHER IN ARBITRATION OR IN ANY COURT.FURTHER,UNLESS BOTH CUSTOMER AND CINTAS AGREE OTHERWISE,AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FOR THE AVOIDANCE OF DOUBT,CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL,NON-REPRESENTATIVE,NON-CLASS BASIS IN ARBITRATION,BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. e. Enforceability.If the requirement to submit any and all disputes,controversies,and claims to binding arbitration is found to be unenforceable or contrary to applicable law,the dispute,controversy or daim will be resolved in accordance with,and governed by,the laws of the State in which the Participating Public Agency exists. f. Severability.If any section or provision of this 112,Dispute Resolution-Arbitration and Class Waiver,is found to be unenforceable or invalid,the parties will substitute an enforceable provision that,to the maximum extent possible under applicable law,preserves the original intentions of the parties,and the remainder will be given full force and effect 3. Dispute Resolution-Timing of invoice challenges:Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer's receipt of the contested invoice,or any billing dispute is waived. Notification to Cintas of a request for an invoice adjustment must be made in writing and must include the invoice number,disputed amount,and the reason for the disputed charge. 4. In the event of any conflict between this Acceptance Agreement and the Master Agreement,the Master Agreement shall prevail,except to the extent this Acceptance Agreement specifically provides that it is superseding a provision in the Master Agreement. CINTAS GENERAL SERVICE TERMS SECTION 1. Prices Customer agrees to rent from Cintas,and Cintas agrees to provide to Customer,the merchandise,inventory and services at the prices listed in the Master Agreement and/or outlined above.There will be a minimum charge of thirty-five dollars($35.00)or 50%of initial invoice(whichever is greater)per delivery for each Customer location required to purchase its rental services from Cintas as set forth in this Acceptance Agreement. 2. Buyback of Non-Standard Garments Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company's normal rental product line or include direct embroidery or an unusual emblem placement.Non-standard items will also include standard garments that have been embroidered.Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s).In the event the Customer deletes a non-standard product,alters the design of the non-standard product,fails to renew the Agreement,or terminates the Agreement in whole or in part for any reason,the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values. 3. Garments'Lack of Flame Retardant or Add Resistant Features Unless specified otherwise in writing by Cintas,the garments supplied under this Acceptance Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features.They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible.Flame resistant and acid resistant garments are available from Cintas upon request.Customer warrants that none of the employees for whom garments are supplied pursuant to this Acceptance Agreement require flame retardant or acid resistant clothing. 4. Logo Mats In the event that Customer decides to delete any mat bearing the Customer's logo(Logo Mat)from the rental program,changes the design of the Logo Mats,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change or termination,all remaining Logo mats that Cintas has in service and out of service held in inventory at the then current Loss/Damage Replacement Value. 5. Adding Employees Additional employees and merchandise may be added to this Acceptance Agreement at any time upon written or oral request by the Customer to Cintas.Any such additional employees or merchandise shall automatically become a part of and subject to the terms of this Acceptance Agreement.If such employees are employed at a Customer location that is then participating under this Acceptance Agreement,the Customer shall pay Cintas the one-time preparation fee indicated on the Master Agreement and/or outlined above.Customer shall not pay Cintas any one-time preparation fee for garments for employees induded in the initial installation of a Customer location.There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems. 6. Emblem Guarantee If Customer has requested that Cintas supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter"Customer Emblems"),Cintas will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a law cost per emblem through quantity purchases. In the event Customer decides to discontinue the use of Customer Emblems,changes the design of the Customer Emblems,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change,termination or expiration,all remaining Customer Emblems that Cintas allocated to Customer at the price indicated on the Master Agreement and/or outlined above of this Acceptance Agreement.In no event shall the number of Customer Emblems allocated to Customer exceed the greater of(a)twelve(12)months'volume for each unique Customer Emblem or(b)a quantity agreed to by Cintas and Customer and noted on the Master Agreement and/or outlined above. 7. Terminating Employees Subject to the provisions of this Acceptance Agreement,the weekly rental charge attributable to any individual leaving the employ of the Customer,or on a temporary leave of absence of three(3)weeks or more,shall be terminated upon oral or written notice by the Customer to Cintas but only after all garments issued to that individual,or value of same at the then current Loss/Damage Replacement Values,are returned to Cintas. 8. Replacement In the event any merchandise is lost,stolen or is not returned to Cintas,or is destroyed or damaged by fire,welding damage,acid,paint,ink,chemicals, neglect or otherwise,the Customer agrees to pay for said merchandise at the then current Loss/Damage Replacement Values. 9. Additional Customer Locations.Notwithstanding anything to the contrary contained herein,there will be a minimum term equal to the greater of thirty-six(36)months or the remainder of the Term for any individual Customer location added after the date of this Acceptance Agreement. Cintas Re2resentative Initials: V "L Citstome�lniiials�( _ Page zofe Rev.8.4.23 10.Additional Items:Additional Customer employees,products and services may be added to this Acceptance Agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions.If this Acceptance Agreement is terminated early for convenience,the parties agree that the damages sustained by Cintas will be substantial and difficult to ascertain.Therefore,if this Acceptance Agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured,or terminated by Cintas for non-payment by Customer at any time Customer will pay to Cintas,as termination charges and not as a penalty based upon the following schedule: - If this Acceptance Agreement is cancelled for convenience in the first twelve months of the term,Customer shall pay as termination charges equal to 52 weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months thirteen(13)through twenty-four(24)of the term,Customer shall pay as termination charges equal to thirty-nine(39)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months twenty-five(25)through thirty-six(36)of the term,Customer shall pay as termination charges equal to twenty-six(26)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience after forty-eight(48)months of service,Customer shall pay as termination charges of thirteen(13)weeks of rental service. - Customer shall also be responsible to return all of the merchandise allocated to such Customer locations terminating this Acceptance Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer's account prior to termination. 11. Federal Funds.In no event will Cintas act as a subcontractor under a U.S.federal prime contractor or a subrecipient under a U.S.federal grant or cooperative agreement. 12.Customer Funding Source.Customer must select the appropriate response below: Is Customer a United States federal government agency or instrumentality,or will Customer pay for the goods and services ordered under this Acceptance Agreement with any United States government funds? Yes No (If Yes,Customer must provide any applicable U.S.government flowdown terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 13.Additional Terms.Customer must select the appropriate response below: Does Customer require any additional terms and conditions to be incorporated into this Acceptance Agreement,or is Customer accepting this Acceptance Agreement without additional terms? ❑Yes,additional terms required ®No additional terms needed (If yes,Customer must provide any applicable additional terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 14. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided.I am authorized to sign on behalf of this company.In addition,I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. Cintas Cint Location#: 084 X _-_—_ Gus�otl'ter Signature. By: Jarret Calaway Print Name Title: Key Account Manager PrintTitle)� Accepted-GM: Eft Cintas Matrix Account ❑Yes m No Cu&taater'Contactt Cintas MAM Partners: Customer Contact Email( Cintas Representative Initials:U l � Customerdnitiats:. Page 3 ors Rev.8.4.23 Accounts Payable ContactdhlirASe Billing Information READY FOR THE WORKDAY' How should the Business Name read on the invoice? City of Port Arthur Do you have other sites/locations within your company that are set up for billing with Cintas? ®YES ❑NO 0 UNSURE Are you Tax Exempt? ®YES ❑NO If Yes where can i qet a copy ofyour tax-exemptWft? email PAYER INFORMATION:This section covers the address where the person who pays the bills is and their contact information. 4c bbi];r"t;P'a IAti Ctititrprtatrei On file Account Payable Cgnt/cl PsW,tii Ac i dint Kvs?ble EiwiatL Payer StfeE.t�: City:Weslaco ST/PROV: TX ZIP/PC: 78596 We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. BILL-TO INFORMATION:This section covers where the bill will be mailed/sent to. 2 Same as Payer OR ❑Same as Sold-To Bill.-.To Street Address: ON File City: ST/PROV: _-- ZIP/PC: WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING Invoice Delivery(choose one): ®Leave at Site and Email 0 Email Only ❑ Physically Mail 0 Leave at site after service Do invoices require a purchase order? ®YES 0 NO If vtlsi pfease.pravi%!'@TPO# Will the same PO need to appear on each invoice? 0 YES ❑NO Is thiika: ;eiipir,tign'date?, PAYMENT TERMS:Net 30 Standard PAYMENT OPTIONS 0 Check ❑ACH/EFT-We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details ❑ Credit Card-We will have our Payment Center contact the AP Contact above for credit card details Unless noted below,your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing.myCintas allows you to conveniently access your account anytime using your computer,tablet,or mobile device! Do not send information about Online Bill Pay(US Only) Cintas Representative Initials:�I�1 Guetornei Initials'�C Page 4 of 6 Rev.8.4.23 UNIFORM PRODUCT RENTAL PRICING(cont.): Continued from peyr t ITEM# DESCRIPTION STANDARD ITEM : UNIT PRICE LOSS/DAMAGE REPLACE.VALUE 935 Comfort Work Shirt ®Yes 0 No $0.18 $21.60 945 Comfort Work Pant ®Yes 0 No $0.21 $23.40 389 Cathy Cargo Pants ®Yes 0 No $0.77 $25.65 370 Cargo Shorts ®Yes 0 No $0.72 $19.80 ®Yes 0 No ®Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ID No ❑Yes 0 No ❑Yes ❑ No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes 0 No ❑Yes ❑No ❑Yes 0 No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No 0 Yes 0 No WORKPLACE SERVICES PRODUCTS PRICING(cont.): ITEM# DESCRIPTION RENTAL FREO. I INVENTORY UNIT PRICE 2570 36"Dust Mop 1 any $1.598 2650 Wet MopLarge 9 1 any $2.246 27069 Sanis SoapService 1 any $2.804 7717 Microfiber Towels 1 Min Inv 25 $0.293 9314 Heavy Duty Hand Scrub Service 1 any $2.23 9559 Sig Hand Sanitizer Stand 1 any $0.90 27180 Sig Desktop Stand 1 any $0.90 64315 3x5 Red Mat 4 any 12.15 2700 Terry Towels 1 Min Inv 25 $0.13 2604 48"Dust Mop 1 any $2.635 62299 Wet Wipe Dispenser Can 1 any $0.45 [ . Cintas Reoresentative Initials\JL\ Customer lnitialsi _ Page Sof6 Rev.8.4.23 LOCATION LISTING Cintas Representative Initials: .\1('` Page 6.of 6 Rev 8.4 23 Workplace Solutions • Cooperative Acceptance C��� Location#: 084 p P AgreementREADY FOR THE WORKDAY" --- Contract#: 210668121 Customer#: 17243331 Main Corporate Code--0 13897 GPO#211011196 MLA#211011348 Date: 10-5-23 Customer/Partici atin Agency: City of Port Arthur � 9 g cy ;"Customer") Phone: 409-983-8501 Address:4732 Hwy 73 W City:Port Arthur _ --- -- State:TX Zip: 77640 UNIFORM PRODUCT RENTAL PRICING: ITEM# DESCRIPTION STANDARD ITEM UNIT PRICE REEPLACPLACE..VALUE E ALUE 270 Cargo Pant ®Yes 0 No $0.28 $26.10 59935 Enhanced Vis Comfort Shirt ®Yes ❑No $0.60 $30.60 970 Comfort Jacket ®Yes 0 No $0.44 $31.95 381 Carhartt Denim Jean ®Yes ❑No $0.32 $24.30 280 FR Carhartt Denim Jean ®Yes 0 No $0.53 $49.50 656 Nomex Shirt ®Yes 0 No $0.70 $63.00 Space for additional entries provided on page 5 This Workplace Solutions Cooperative Acceptance Agreement(this"Acceptance Agreement")is effective as of the date of execution for a term of 60 months from the date of installation or renewal the'Term"). Standard Name Emblem $ 1.67 ea Standard Agency Emblem $ 1.67 ea Custom Agency Emblem $ 2.00 ea Embroidery $N/A ea Uniform Advantage Item:All Non FR items $ .009 ea per week Premium Uniform Advantage Item:All FR items $ 0.18 ea per week Emblem Advantage Item: All items $ 0.068 ea per week Prep Advantage Item:All items $ 0.057 ea per week Minimum Charge $35 per delivery or 50%of initial invoice(the greater of the two). Make-up Charge $ 2.25 per garment Non-Standard/Special Cut Garment(i.e.,non-standard,non-stocked unusually small or large sizes,unusually $ 0.15 arment short or long sleeve or length,etc.)premium Per g Seasonal Sleeve Change $ 5,00 per garment Under no circumstances will Cintas accept textiles bearing free liquid.Shop towels may not be used to clean up oil or solvent spills. __Artwork Charge for Logo Mat $ 150.00*waived within 60 days of renewal date if choose to add logo mats Payment Terms:Net 30 Customer agrees to have employees measured by a Cintas representative using garment"size samples" Size Change • or Cintas TruFit.A charge of$ 5.00 per garment will be assessed for employee's size changed within 4 weeks of installation. Other WORKPLACE SERVICES PRODUCTS PRICING: ITEM# DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE 10184 3x5 scraper mat 1 any $4.32 2160 Shop Towels Red 1 any $0.12 84050 3x10 Brown Mat 1 any $3.29 • 84350 3x5 Brown Mat 1 any $2.24 84450 4x6 Brown Mat 1 any $2.13 84035 3x10 Black Mat 1 any $3.29 84335 3x5 Black Mat 1 any $2.24 84435 4x6 Black Mat 1 any $2.13 Space for additional entries provided on page 5 Automatic Lost Replacement Charge_, Item:N/A %of inventoryN/A $N/A ea Automatic Lost Replacement Charge Item:N/A %of inventoryN/A $N/A ea I CHECKBOX INITIALS DATE Initial and check box if Unilease.All Garments will be cleaned by customer. ❑ 10-5-23 Initial and check box if receiving Linen Service.Company will take periodic physical inventories of items in possession or under control. El Initial and check box if receiving direct embroidery.If service is discontinued for any employee or • Customer deletes any of the garments direct embroidery for any reason,or terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,Customer will purchase ❑ all direct embroidered garments at the time they are removed from service at the then current replacement values.(See Section 6 of Cintas General Service Terms Section). Cintas Representative Initials: V L. Customer Initials:XPage 1 of 6 Rev.8.4.23 PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THIS ACCEPTANCE AGREEMENT,YOU ACKNOWLEDGE THAT YOU HAVE READ,AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY,THESE TERMS. OMNIA PARTICIPATING PUBLIC AGENCIES TERMS 1. Participating Public Agencies.Cintas Corporation No.2("Cintas")agrees to extend the same terms,conditions,and covenants agreed to under the OMNIA Vendor Agreement executed between Cintas and University of Nebraska(the"Master Agreement")to other government agencies("Participating Public Agencies")that,in their discretion,desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto.Each Participating Public Agency will be exclusively responsible and deal directly with Cintas on matters relating to length of agreement,ordering,delivery,inspection,acceptance,invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement.By executing this Acceptance Agreement,the Customer identified on Page 1 herein agrees to be bound by the terms and conditions set forth in the Master Agreement as a Participating Public Agency and the terms and conditions set forth in this Acceptance Agreement.Master Agreement available at httpsi/www.omniapartners.com/publicsector. 2. Dispute Resolution-Arbitration and Class Waiver.This provision shall take precedence aver and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice.Customer agrees to the maximum extent permitted by law that any dispute,controversy,or claim arising out of or relating to this Acceptance Agreement(including its enforcement,performance,breach,arbitrability,or interpretation)or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration.ARBITRATION MEANS THAT AN ARBITRATOR,AND NOT A JUDGE OR A JURY,WILL DECIDE THE DISPUTE,CONTROVERSY,OR CLAIM.BY ACCEPTING THESE TERMS,YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION,COLLECTIVE ACTION,OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT.To the extent a class or collective action or representative claim or proceeding may not be waived,you agree to stay any such actions,claims, and proceedings until after all actions,claims,and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures.Any arbitration between Customer and Cintas will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes(collectively,"AAA Rules")of the American Arbitration Association("AAA"),as modified by this Acceptance Agreement,and will be administered by the AAA.The AAA Rules and filing forms are available online at www.adr.org,by calling the AAA at 1-800-778-7879,or by contacting Cintas. Any arbitration hearings will take place in the state in which Customer is located;provided,however,that if the claim is for$10,000 or less, Customer may choose for the arbitration instead to conducted:(i)solely on the basis of documents submitted to the arbitrator;or(ii)through a telephonic hearing. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award,if any,are based. c. Fees.Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in Arbitration or in Any Court,No Jury Trial.CUSTOMER AND CINTAS AGREE THAT,TO THE MAXIMUM EXTENT PERMITTED BY LAW,EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,WHETHER IN ARBITRATION OR IN ANY COURT.FURTHER,UNLESS BOTH CUSTOMER AND CINTAS AGREE OTHERWISE,AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CI AS PROCEEDING. FOR THE AVOIDANCE OF DOUBT,CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL,NON-REPRESENTATIVE,NON-CLASS BASIS IN ARBITRATION,BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT,CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. e. Enforceability.If the requirement to submit any and all disputes,controversies,and claims to binding arbitration is found to be unenforceable or contrary to applicable law,the dispute,controversy or claim will be resolved in accordance with,and governed by,the laws of the State in which the Participating Public Agency exists. - f. Severability.If any section or provision of this¶2,Dispute Resolution-Arbitration and Class Waiver,is found to be unenforceable or invalid,the parties will substitute an enforceable provision that,to the maximum extent possible under applicable law,preserves the original intentions of the parties,and the remainder will be given full force and effect. 3. Dispute Resolution-Timing of invoice challenges:Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer's receipt of the contested invoice,or any billing dispute is waived. Notification to Cintas of a request for an invoice adjustment must be made in writing and must include the invoice number,disputed amount,and the reason for the disputed charge. 4. In the event of any conflict between this Acceptance Agreement and the Master Agreement,the Master Agreement shall prevail,except to the extent this Acceptance Agreement specifically provides that it is superseding a provision in the Master Agreement. CINTAS GENERAL SERVICE TERMS SECTION 1. Prices Customer agrees to rent from Cintas,and Cintas agrees to provide to Customer,the merchandise,inventory and services at the prices listed in the Master Agreement and/or outlined above.There will be a minimum charge of thirty-five dollars($35.00)or 50%of initial invoice(whichever is greater)per delivery for each Customer location required to purchase its rental services from Cintas as set forth in this Acceptance Agreement. 2. Buyback of Non-Standard Garments Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company's normal rental product line or include direct embroidery or an unusual emblem placement.Non-standard items will also include standard garments that have been embroidered.Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s).In the event the Customer deletes a non-standard product,alters the design of the non-standard product,fails to renew the Agreement,or terminates the Agreement in whole or in part for any reason,the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values. 3. Garments'Lack of Flame Retardant or Acid Resistant Features Unless specified otherwise in writing by Cintas,the garments supplied under this Acceptance Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features.They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible.Flame resistant and acid resistant garments are available from Cintas upon request.Customer warrants that none of the employees for whom garments are supplied pursuant to this Acceptance Agreement require flame retardant or acid resistant clothing. 4. Logo Mats In the event that Customer decides to delete any mat bearing the Customer's logo(Logo Mat)from the rental program,changes the design of the Logo Mats,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change or termination,all remaining Logo mats that Cintas has in service and out of service held in inventory at the then current Loss/Damage Replacement Value. 5. Adding Employees Additional employees and merchandise may be added to this Acceptance Agreement at any time upon written or oral request by the Customer to Cintas.Any such additional employees or merchandise shall automatically become a part of and subject to the terms of this Acceptance Agreement.If such employees are employed at a Customer location that is then participating under this Acceptance Agreement,the Customer shall pay Cintas the one-time preparation fee indicated on the Master Agreement and/or outlined above.Customer shall not pay Cintas any one-time preparation fee for garments for employees included in the initial installation of a Customer location.There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems. 6. Emblem Guarantee If Customer has requested that Cintas supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter"Customer Emblems"),Cintas will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a low cost per emblem through quantity purchases. In the event Customer decides to discontinue the use of Customer Emblems,changes the design of the Customer Emblems,terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement,the Customer will purchase at the time of deletion,design change,termination or expiration,all remaining Customer Emblems that Cintas allocated to Customer at the price indicated on the Master Agreement and/or outlined above of this Acceptance Agreement.In no event shall the number of Customer Emblems allocated to Customer exceed the greater of(a)twelve(12)months'volume for each unique Customer Emblem or(b)a quantity agreed to by Cintas and Customer and noted on the Master Agreement and/or outlined above. 7. Terminating Employees Subject to the provisions of this Acceptance Agreement,the weekly rental charge attributable to any individual leaving the employ of the Customer,or on a temporary leave of absence of three(3)weeks or more,shall be terminated upon oral or written notice by the Customer to Cintas but only after all garments issued to that individual,or value of same at the then current Loss/Damage Replacement Values,are returned to Cintas. 8. Replacement In the event any merchandise is lost,stolen or is not returned to Cintas,or is destroyed or damaged by fire,welding damage,acid,paint,ink,chemicals, neglect or otherwise,the Customer agrees to pay for said merchandise at the then current Loss/Damage Replacement Values. 9. Additional Customer Locations.Notwithstanding anything to the contrary contained herein,there will be a minimum term equal to the greater of thirty-six(36)months or the remainder of the Term for any individual Customer location added after the date of this Acceptance Agreement. `Cintas Representative Initials: V -1 Gllstonle 4nitials:� Page2of6 _.. __., Rev.8.4.23 10.Additional Items:Additional Customer employees,products and services may be added to this Acceptance Agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions.If this Acceptance Agreement is terminated early for convenience,the parties agree that the damages sustained by Cintas will be substantial and difficult to ascertain.Therefore,if this Acceptance Agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured,or terminated by Cintas for non-payment by Customer at any time Customer will pay to Cintas,as termination charges and not as a penalty based upon the following schedule: - If this Acceptance Agreement is cancelled for convenience in the first twelve months of the term,Customer shall pay as termination charges equal to 52 weeks of rental service. If this Acceptance Agreement is cancelled for convenience in months thirteen(13)through twenty-four(24)of the term,Customer shall pay as termination charges equal to thirty-nine(39)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months twenty-five(25)through thirty-six(36)of the term,Customer shall pay as termination charges equal to twenty-six(26)weeks of rental service. - If this Acceptance Agreement is cancelled for convenience after forty-eight(45)months of service,Customer shall pay as termination charges of thirteen(13)weeks of rental service. - Customer shall also be responsible to return all of the merchandise allocated to such Customer locations terminating this Acceptance Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer's account prior to termination. 11. Federal Funds.In no event will Cintas act as a subcontractor under a U.S.federal prime contractor or a subrecipient under a U.S.federal grant or cooperative agreement. 12. Customer Funding Source.Customer must select the appropriate response below; Is Customer a United States federal government agency or instrumentality,or will Customer pay for the goods and services ordered under this Acceptance Agreement with any United States government funds? 0 Yes ❑No (If Yes,Customer must provide any applicable U.S.government flowdown terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 13.Additional Terms.Customer must select the appropriate response below: Does Customer require any additional terms and conditions to be incorporated into this Acceptance Agreement,or is Customer accepting this Acceptance Agreement without additional terms? ❑Yes,additional terms required ®No additional terms needed (If yes,Customer must provide any applicable additional terms and conditions,which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 14. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided.I am authorized to sign on behalf of this company.In addition,I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. Cintas Location#: 084 Customer Si rettiter BBB Jarret Calaway Print Hamel. Title: Key Account Manager Print Accepted-GM: Etna* Cintas Matrix Account ❑Yes m No Custotner_Cotitafti• Cintas MAM Partners: Customer Contact EmaiRC Cintas Representative Initials:v 1.. Customer Initials:�C Page3of6 Rev.6.4.23 Accounts Payable Contact BillingInformation dNTAS.,, READY FOR THE WORKDAY' How should the Business Name read on the invoice? City of Port Arthur Do you have other sites/locations within your company that are set up for billing with Cintas? ®YES ❑ NO 0 UNSURE AreYou Tax Exempt? ®YES 0 NO :whiff* I get-WN O .Tt tijc r foan3s email PAYER INFORMATION:This section covers the address where the person who pays the bills is and their contact-information. A°. q itit P y`age Centact:Naeir�' On file AccountPayable'Cantact Phone ti *d? "dt Payable EWA: Pi Yer Wit NcTili"i §: Cy•Weslaco ST/PROV: TX ZIP/PC: 78596 We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address. SILL TO INFORMATION:This section covers where the bill v41ll be mailed/sent to. m Same as Payer OR ❑Same as Sold-To &Mb MLitt MUM:: ON File City: I R.CQY: ZIPSR& WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING Invoice Delivery(choose one): ®Leave at Site and Email 0 Email Only 0 Physically Mail 0 Leave at site after service Do invoices require apurchase order? ®YES ❑ NO If Ws;pleas;,p" iVrde,PQ€O0.e Will the same PO need to appear on each invoice? 0 YES ❑ NO IftlTr an.Qxt iir°atro'rF l te? PAYMENT TERMS:Net 30 Standard PAYMENT OPTIONS D Check ❑ACH/EFT-We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details ❑ Credit Card-We will have our Payment Center contact the AP Contact above for credit card details Unless noted below,your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing.myCintas allows you to conveniently access your account anytime using your computer,tablet,or mobile device! Do not send information about Online Bill Pay(US Only) C1 Ci�stomer_tdif 5f Sls Cintas Representative Initials: � Page 4ora Rev.8,4.23 UNIFORM PRODUCT RENTAL PRICING(cont.): ..:untinued from 1 ITEM# DESCRIPTION STANDARD ITEM ! UNIT PRICE LOSS/DAMAGE REPLACE.VALUE 935 Comfort Work Shirt ®Yes 0 No $0.18 $21.60 945 Comfort Work Pant ®Yes ❑No $0.21 $23.40 389 Cathy Cargo Pants ®Yes 0 No $0.77 $25.65 370 Cargo Shorts ®Yes 0 No $0.72 $19.80 ®Yes 0 No ®Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No El Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes No ❑Yes ❑No ❑Yes ❑No O Yes 0 No ❑Yes 0 No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑ No WORKPLACE SERVICES PRODUCTS PRICING (cont.): ITEM# DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE 2570 36"Dust Mop 1 any $1.598 2650 Wet Mop Large 1 any $2.246 27069 Sanis SoapService 1 any $2.804 7717 Microfiber Towels 1 Min Inv 25 $0.293 9314 Heavy Duty Hand Scrub Service 1 any $2.23 9559 SigHand Sanitizer Stand 1 any $0.90 27180 Sig Desktop Stand 1 any $0.90 84315 3x5 Red Mat 4 any 12.15 2700 Terry Towels 1 Min Inv 25 $0.13 2604 48"Dust Mop 1 any $2.635 62299 Wet Wipe Dispenser Can 1 any $0.45 Cintas Representative Initialsa Custon erinitials Page 5 of 6 Rev.8.4.23 LOCATION LISTING Cintas Representative Initials: Ctti Page 6 of 6 Rev.8.4 23