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HomeMy WebLinkAboutCAG2023-598 - Original - Cintas Corporation - City Uniform Rental - 12/1/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Molly Bartlemay Finance E Date Sent: Date Required: > 11/30/2023 12/8/2023 0 Q Authorized to Sign: Date of Council Approval: Q Q Mayor or Designee N/A Budqet Account Number: Grant? Yes NoE] Budget? Yes E]No Type: N/A 266 Vendor Name: Category. Cintas Corporation Contract Vendor Number: Sub-Category: = 36030 Original 0 0 w Project Name: City Uniform Rental Contract cProject Details: Staff Uniform Rentals c c AgreementAmount $50,000 Basis for Selection of Contractor: Written Quote E Memo to Mayor must be attached 3- Start Date: 12/1/2023 Termination Date: 11/30/2026 Q Local Business? Yes F,/—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: ❑✓ Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2023-598 Comments: 1A W 3 C C N 0 GJ F te Received:City Attorney: 12/1/23 Date Routed:Mayor's Office 12/1/23 City Clerk's Office 12/1/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W-1-T.. GOODS & SERVICES AGREEMENT between the City of Kent and Cintas Corporation THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cintas Corporation, located and doing business at 631 Valley Ave NW, Puyallup, WA 98371 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Uniform services in accordance with Vendor's August 17, 2023 response to the City's July 20, 2023 Request for Quotes (RFQ). Copies of the City's Request for Quote is attached and incorporated as Exhibit A and the Vendor's response is attached and incorporated as Exhibit B. All rented uniforms will be placed with new garments after 18 months of use. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services through November 30, 2026. However, upon the parties mutual agreement, this Agreement may be extended on a month-to-month basis, up to an additional one year term. However, in no event shall the term of this Agreement be extended beyond November 30, 2027. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $50,000 for the original three year term of his Agreement, for the goods, materials and services contemplated in this agreement. This `not to exceed' amount is provided as an estimate only and is in no way a guarantee of the payment the Vendor can expect to receive during the term of this agreement. However, because the City's uniform needs depend on number of employees it has on staff, this amount may fluctuate up and down. If the parties agree to extend this Agreement after the initial three year term, and should the `not to exceed' amount provided for in this section prove Insufficient to cover the costs associated with that extension, the parties shall properly negotiate and execute an amendment to this Agreement. However, by its execution of this Agreement, the Vendor agrees that the rental rates it charges the City during that extension period shall remain locked at the rates originally provided for within this Agreement, unless the City agrees otherwise, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule; GOODS &SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Vendor will be paid on a monthly basis for services rendered and goods received during the prior month. The City has elected to contract with Vendor to provide rental uniforms and uniform laundry services. During the term of this Agreement, the City will rent garments in the quantities as the City may designate, as provided in Exhibit C. For those uniform garments that are rented, the weekly laundry service and all mending or repair services are included within the rental cost. For those uniform garments purchased by the City or employee, and which require laundry service due to contamination, the Vendor shall invoice the City $3.00 per laundered item. The Vendor shall not repair or mend any purchased item that has been sent to Vendor for laundry service, unless first requested by the City. Invoices will be paid within thirty(30 days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City's receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City's receipt and acceptance of the items identified in the invoice thereof.. Card Payment P_rograrn. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS BY BOTH PARTIES, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. GOODS &SERVICES AGREEMENT- 2 (Over$20,000, including WSST) D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. GOODS &SERVICES AGREEMENT- 3 (Over$20,000, including WSST) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Comalete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. IX. LIMITATION OF ACTIONS. EACH PARTY MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Vendor warrants at the time of delivery goods are merchantable, , and will perform in accordance with their specifications. The Vendor shall promptly correct all defects in workmanship and materials that exist at delivery: (1) when GOODS &SERVICES AGREEMENT- 4 (Over$20,000, including WSST) the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. Company and Customer each agree to defend, indemnify and hold the other harmless from claims for injury or property damage arising out of the performance of this Contract, but only in proportion to and to the extent such injury or property damage is caused by or results from the negligence of the indemnifying party. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions the safety of its employees, agents, and subcontractors in the performance of the contract work and shall. utilize all protection necessary for that purpose. Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the negligent performance of work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS &SERVICES AGREEMENT- 5 (Over$20,000, including WSST) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. Any dispute arising under this agreement shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other party. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire A reement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Require . Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Si natures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page GOODS &SERVICES AGREEMENT - 6 (Over$20,000, including WSST) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. L. Prevailing Wage/Living Wage. Customer represents and warrants that this agreement is not subject to laws pertaining to prevailing wages, living wages, or other wage and/or benefit requirements established by law, except minimum wage laws ("Wage Statutes"). Customer agrees and acknowledges that it will not attempt to enforce any Wage Statutes in relation to this agreement and Customer hereby waives and releases Cintas from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority in relation to Cintas's failure to satisfy any such Wage Statute in relation to agreement. M No Federal Contractor. As a material condition of this Agreement, Customer represents and warrants that: (a) this Agreement is not federally funded; (b) this Agreement does not constitute, and is not entered into to support a federal government contract, subcontract or third party contract; (c) Cintas does not hereby become a subrecipient, subgrantee, project participant, or third party contractor or subcontractor in relation to any contract with the federal government; and (d) by entering this Agreement, Cintas does not become obligated to comply with federal regulations or federal laws (including specifically the Service Contact Act), whether by virtue of such obligation flowing down from a contract between Customer and any third party, by virtue of federal funding being used in relation to this project, or otherwise. In the event that any of the foregoing is or becomes untrue, Cintas shall have the option to unilaterally terminate this Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS &SERVICES AGREEMENT - 7 (Over$20,000, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By: By; D—a,-�a (z) Print Name: s~�� f '.'� d� Print Name: Dana Ralph_ Its r7r A Its Mayor DATE: DATE: 12/01/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Derek Darlington Molly Bartlemay Cintas Corporation City of Kent 631 Valley Ave NW 220 Fourth Avenue South Puyallup, WA 98371 Kent, WA 98032 509-881-9423 (telephone) (253) 253-856-5206 (telephone) DarlingtonD@cintas.com (email) mbartlemay@kentwa.gov (email) APPROW.13 AS TO ORM: — Kehf Law Depart nt ATTEST: Kent City Clerk GOODS &SERVICES AGREEMENT- 8 (Over$20,000, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. il. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: ' r 1"1 G[.Ca A4 _1 [.ci��+aq Lr Date: EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT El 1, Mariane From: Finance Customer Services Sent: Thursday, July 20, 2023 3:39 PM To, Scheer, Christoher; Caudill, Joel; Nguyen, Huy;Zirfas, Laura Cc: Fly, Mariane, Bartlemay, Molly; Chun, Janessa Subject: City of (Cent Rental Uniforms - Request for Quote (RFQ) Attachments: City of Kent Rental Uniforms - Request for Quote.pdf; Rental Uniform tist.dnc; C ityofKentGoods&ServicesAg reeme nt.pdf Hi, we started our Rental Uniform RF=Q process and are reaching out to vendors for written quotes. Nease see attached documents. We're emailing you, as you've asked to be included in this process. To be considered, Quotes are due on or before August 18, 2023 via email at: customerseryiceDa kentwa.gov. Thank you, Mariane Ely, Sr. Financial AnalystAR/LID Customer Service Division I Finance department 220 Fourth Avenue South, (Cent, WA 98032 Phone 253-856-5233 1 Fax 253-856-6200 mq-1y-Q-K!afg gov CITY OF KENT,WASHINGTON KentWA.uvV Es-L4;g4DQk y2gH1Lft Ynstaaram 1 Rental Uniform Services Quote The City of Kent seeks written quotes from qualified vendors of rental uniform services for the purpose of servicing the City's limited uniform needs. The resulting contract will have a duration period of three years. Quotes should be signed and completed on the City's Rental Uniform List form, which is attached, and sent via email to customerservice kentwa. ov on or before August 18, 2023. General Information The City of Kent has approximately 9 employees that will be serviced by this contract. Rental and Laundry • Approximately 9 Mechanics/Full-time that are entitled to the following: 11 shirts, 11 pants (combination of pants and non- insulated ❑veralls), 3 jackets, and 3 coveralls/overalls and regular weekly laundering. • Laundry service for both leased and non-leased clothing that has been contaminated. This will be on an as needed basis for all employees. • Payments based on items laundered. • Rental and laundry of uniforms. See attached City of Kent Rental Uniform List form. These numbers may vary with the needs and operational goals of the City. Requirements and Services 1. Unit prices shall remain constant during the life of the contract. 2. The contract period shall be three (3) years beginning approximately December 1, 2023 to November 30, 2026. 3. Delivery of uniforms may be required at any or all of the following locations: City Mall Public Works Golf Maintenance 220-40 Avenue S 5821 5 240th 24058 Russell Road Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 4. The City of Kent has the right to decrease or increase its employees to meet the needs of the City. Quantities are estimates only. During the life of the contract the City reserves the right to change quantities (increase or decrease) as required. The City reserves the right to change locations (add or delete) as needed. S. The successful bidder will furnish for the use of the City all items listed on the Rental Uniform List and cleaning of same for a period beginning December 1, 2023 through November 30, 2026. 6. Pickups and deliveries will be made weekly. Deliveries and pickups should fall on the same day of the week for the duration of the contract. 7. All rental garments shall remain the property of the supplier. If the garments are lost or destroyed, or become unpresentable through misuse, the City shall pay for those garments at their depreciated value. Depreciation schedule should be provided as part of a responsive quote. Damaged garments will be replaced within (2) weeks. 8. The successful bidder will invoice individual City of Kent Departments as directed. Billing and payment periods will be determined prior to contract execution. Currently, the City's vendor employs a weekly billing and payment period. 9. The supplier's driver should check clothing regularly to ensure that name tags and City identification tags are intact and in good condition. The supplier shall mend, alter, or replace leased garments to the extent necessitated by normal wear and tear. The supplier will furnish all necessary repair tags. 10. Leased uniforms that require mending shall be properly labeled by the city, and the selected supplier will mend and return items to the city within one laundering cycle. 11. It is the intent of the city to give the successful bidder a thirty (30) day lead to measure, order and deliver all required leased items by December 1, 2023. It is expected that the current vendor, if not the successful bidder, will be prepared to pick up its products during the same week. 12. The City will work with the vendor to come up with an implementation plan. The selected supplier(s) will install all locations within a five consecutive day time period. Exceptions to this plan must be agreed in writing. 13. Names: The employee's first name will be stitched over the left breast pocket of shirts and jackets. The `City of Kent' will be stitched over the right breast pocket of shirts and jackets. Style, size, format, color, etc., for names will require the City's prior approval. 14. The supplier will properly measure each employee before supplying uniforms. Measuring may need to be scheduled to accommodate shift changes. Measuring is the responsibility of the vendor. Employees will be measured by using size samples to insure accurate measurements for each employee. This process should be completed prior to the beginning of the service start date provided in the new contract. 15. Garments shall be deemed unsatisfactory if the employee refuses the garments for good reason. Since employees are usually in the field at the time of delivery an employee shall have one working day (typically 24 hours) to refuse delivery of garments, at which time the supplier will replace the article(s). 16. Vendor will count all dirty uniforms removed from each site and provide a report to the City for each pick-up cycle. The report will be provided to the city no later than 24 hours after pickup of dirty uniforms. The preferred method of reporting will be determined prior to contract execution. 17. Vendor will provide a count of all uniforms returned to the city after laundering, noting any discrepancies and reason. The preferred method of reporting will be determined prior to contract execution. 18, Vendor will provide at City's request an accurate and itemized listing with associated costs. 19. Vendor shall provide cleaning services for purchased garments, on an as needed basis, where garments have been contaminated. Purchased garments lost or damaged by vendor will be replaced at full list price. 20. The city will notify the vendor in writing of any employee who is no longer in need of the vendor's service. The employee shall be removed from the invoice within one billing cycle. All garments shall be returned to the vendor at time of notification. Any vendor selected by the City will be required to enter into a Goods & Services Agreement, substantially in the form attached. Quote Requirements: 1. Quotes should be signed, clearly marked "QUOTE" and received via email at customerservice@ken_twa.gov on or before August 18, 2023. 2. Quotes should be made on the blank form attached to these specifications and all prices stated must be in ink or typewritten. Failure to use this form may result in rejection of your proposal. 3. The bidder shall provide the City with a replacement price list for all items and a depreciation schedule. 4. This contract is subject to all the terms and conditions of state, local, and federal law, including without limitation, WTSHA and OSHA regulations. 5. Cost of the item must include any and all silk screening and embroidery costs. 6. Bidder shall supply samples of materials on which they have bid. Materials shall be as specified. 7. Photos of all proposed garments must be attached to the proposal if different from the garments on the bidder form, 8. For questions or concerns contact: Mariane Ely Senior Financial Analyst 253-856-5233 Selection Process 1. The City reserves the right to reject any or all proposals, and to waive any informality in the process, or determine which proposal or bidder is the most advantageous to the City and most reasonable and shall be the sole judge thereof. 2. In awarding the contract, the City will consider among other things, the reliability of the supplier, services offered by the vendor, product quality, as well as the price quoted. Bidders should furnish a list of three references of contracts approximately equal to the City's volume. 3. The City of (Cent is an Equal Opportunity Employer, The City of Kent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 20aOd- 4) and the Regulations, here by notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair ❑pportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Small, Minority and Women-Owned firms are encouraged to submit bids. 4. This contract will be awarded to one supplier only. City of Kent Rental Uniform List Quote Picture description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service r t Work rants + 8.25 oz. twill + 65% of ester 35a/a combed cotton P Y pants Heavy duty brass ratcheting zipper • Sixes and styles for bath men and women should be available Regular cut with slashed pocket, a ,'--0 western jean cut, and double pleated slacks } . Color: Davy Carhartt Pants - Dungaree • 383 The Work Dungaree • Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably. Built tough with multiple tool packets and two reinforced back pockets. + 19" leg opening accommodates work boots. Coveralls « tg oz., 100% cotton fisher stripe + Concealed zipper + Front closure Page 1 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Industrial Shirts • 65% polyester/35% combed cotton + Double chest pocket Sewn in stay collars • Long sleeve and short sleeve lengths Sizes S-6xL, for both men and women Colors: Navy + City of Kent logo required White silkscreen or embroidery Left chest I'4 Denim Shirt 100% cotton denim shirt Long oversized cut with a Fully constructed button-down collar • Two-button cuffs and sleeve + Button-through chest pocket • Color: Faded ❑enim • Sizes: S-6XL + City of(Cent logo required White silkscreen or embroidery Left chest Pala Shirt Fade resistant, shrink resistant and wrinkle resistant. Three-button placket, rib knit cuffs, chest packet. • 10011% polyester Sizes XS-4XL l� Page 2 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price x Irental [:ost of uniforms are weekly and are to include laundry service Ike Jacket + Short-waisted, 65/35 poly/cotton twill jacket Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button- down patch pockets. Sizes: 5-6XL + City of Kent logo required White silkscreen or embroidery Left chest Jacket-Lined + 7,25 oz, twill, 65% polyester/35%combed cotton + Pre-cure durable press + Light soil wash + Solid brass zipper + Collar and waistband is 10"p polyester lxl rlb knit • Mid length + Welted slash packets and utility pocket on left sleeve + Permanently lined, black 100% nylon taffeta quilted to a 3.3ox. 1/9"poiyurethane foam Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest + Sizes: S-6XL Page 3 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are'weekly and fire to include latindlry service Launder/Wash — Cost per Xtem • City owned garments Contaminated garments Additional Costs? Weekly Service Charges? Rentals - Name/Company Emblem Purchase - City Logo Make Up/Prep Charge The respondent hereby warrants that their quote is genuine and that it is not the WiLlIt of collusion with other respondent(s)or any other person(s). Signature Name Printed Title Date Page 4 of 4 • F-NT GOODS & SERVICES AGREEMENT between the City of Kent and [insert Vendor's Co. Name] THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Vendor's Company Name] organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at [Insert Vendor's Address, Phone Number, and Contact Person] (hereinafter the "Vendor"), AGREEMEN I. DESCRIPTION OF WORD. The Vendor shall provide the following goods and materials and/or perform the following services for the City: [insert Detailed Description of goods, materials, and/or services Vendor will be providing. Please be as detailed as possible. You may also refer to an Exhibit so long as it is clearly identified by title and date.] The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services [Enter either "within" or "by" depending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months, years, etc.], III. COMPENSATION. The City shall pay the Vendor an amount not to exceed [Insert maximum dollar amount to be paid for services. You may type out the dollar amount and place the numerical dollar amount In parentheses or you may just enter the numerical dollar amount], including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) [Insert Detailed Description of how Vendor is to be Paid for its Goods and Services] Card Payment Program. The Vendor may elect to participate In automated credit card payments provided for by the City and its financial Institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees Imposed by financial institutions or credit card companles. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an Invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized.Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services, If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, Incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. 13. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's GOODS & SERVICES AGREEMENT - Z (Over$20,000, including WSST) business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may Issue a written amendment for any change In the goods, materials or services to be provided during the performance of this Agreement. if the Vendor determines, for any reason, that an amendment Is necessary, the Vendor must submit a written amendment request to the person listed In the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as It deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting In the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that Is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, stake, or local law in response to the current pandemic, If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay In performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other previsions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the GOODS &. SERVICES AGREEMENT - 3 (Over$20,000, Including W55T) project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the Failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an /oral order from the City, Including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth In subsections A, Items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following Information: 1. The date of the Vendor's Claim; 2. The nature and circumstances that caused the claim; 3. The provisions In this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed worm and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption If the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures In this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an Invalid protest. C. Ve QWty to Complete Protested Wo. . In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Co.nstitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure tp Follow Procedurgs onstit w iver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX, LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE GOODS &SERVICES AGREEMENT - 4 (Over$20,000, including WSST) CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit For the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of Its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and If that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, Including all reasonable expert witness fees and reasonable attorneys` fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors In the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall GOODS &. SERVICE-S AGREEMENT- 5 (Over$20,000, including WSSr) be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Cade, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. S, Non-Walter of Breach. The failure of the City to Insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more Instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain In full force and effect. C. Resolutiop gf Disputes a gGoverning. Lpw. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, Icing County, Washington, unless the parties agree in writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing In this paragraph shall be construed to limit the City's right to Indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification oP any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreemp.nt. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance wlth_ I The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor In its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. GOODS & SERVICES AGREEMENT - 6 (aver$20,000, Including WSST) J. City Buslne_s5 License Requires. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of (Cent business license pursuant to Chapter 5.01 of the Kent City Code. K. Couoterparts and Signature5 by Fax Email. This Agreement may be executed In any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received In person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT, By: By: Print Name: Print Name: Qana Ralph Its Its MayQr DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF (CENT: [Insert Contact Name] [Insert Name of City Rep. to Receive Notice] [Insert Company Name] City of Kent [Insert Address] 220 Fourth Avenue South [Address - Continued] Kent, WA 98032 [Insert Telephone Number] (telephone) (253) (Insert Phone Number] (telephone) [Insert Email] (email) [Insert Email] (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In t1119 A91O,y40 mAy gnknr the electronic fllepath whim Um contract has teen 9tived] GOODS & SERVICES AGREEMENT- 7 (Over$20,000, including WSST) DECL..ALtATION CITY OF KENT NOWDISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: * Title VI of the Civil (tights Act of 1964 (42 U.S.C. g 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of ]ustice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. I During the time of this Agreement T, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the I.J.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and, generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses t❑ furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to eater into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinen Non-Discrimination Authoriti i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles Ix and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 xi. Executive Order 13166, Improving Access to Services for persons with Limited English proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that L,EP persons have meaningful access to your programs (70 Fed. Reg. at 74067 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xili. Washington Law Against Discrimination (Ch. 49,60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By:For: Title: Date EEO COMPLIANCE DOCUMENTS 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT B Ely, Mariane From: Darlington, Derek <DarlingtonD@cintas.com> Sent: Thursday, August 17, 2023 11:10 AM To: Finance Customer Services Cc: Zirfas, Laura Subject: City of Kent Rental Uniform Quote Attachments: City of Kent- Rental Uniform Quote.pdf Categories: Molly,Janessa, Mariane EXTERNAL EMAIL Good Morning Team, I hope you and yours are doing well! Attached is the updated documents requested for the RFP. Please let me know if anything else is needed on our end, and we look forward to connecting soon. I hope you have a great day! Sincerely, Derek Darlington ( Public Sector Major Account Manager Covering WA, OR, ID, and Western Canada Cell Number: 509-881-9423 Darlingtond@Cintas.com I www.cintas.com � FORTUNE CiNEA60500 READY FOR THE WORKDAY Upcoming Travel and PTO: August 16-17:Sacramento August 24-30: Presidents Club This e-mail transmission contains information that is intended to be confidential and privileged. If you receive this e-mail and you are not a named addressee you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this communication without the consent of the sender and that doing so is prohibited and may be unlawful. Please reply to the message immediately by informing the sender that the message was misdirected.After replying, please delete and otherwise erase it and any attachments from your computer system.Your assistance in correcting this error is appreciated. 1 City of Kent RFQ Rental Uniforms Quote 8/18/2023 CI mm READY FOR THE WORKDAY" 8/18/2023 Mariane Ely Senior Financial Analyst City of Kent RE: Rental Uniforms Quote Dear Ms. Ely, I want to begin by thanking you for including Cintas in the City of Kent's Request for Quote. Cintas is proud to present this comprehensive RFQ response as it specifically relates to your needs of Rental Uniforms.This is one of our core business offerings for our company and we are committed to providing you and your staff with the most professional level of service possible. We are excited at the prospect of partnering you and look forward to presenting our capabilities to you in this RFQ Process. We look forward to future discussions regarding our response and the needs of the City of Kent. Please let me know if you have further questions or comments regarding our response and pricing proposal. My contact information is below, and I can be contacted at any time. Best regard Y Derek Darlington Major Account Manager-Public Sector Cintas Corporation Phone#: (509) 881-9423 UarlfngtonD(dicintas.com dwm READY MR THE WORKDAY" City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Work Pants - 945 $• 19 $28.99 8.25 oz. twill ' 65/o o polyester/35% combed cotton pants • Heavy duty brass ratcheting zipper • Sizes and styles for both men and women should be available • Regular cut with slashed pocket, a _ western jean cut, and double pleated slacks 0 Color: Navy Carhartt Pants — Dungaree - 383 .49 $35.00 • 383 The Work Dungaree • Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably. Built tough with multiple tool pockets and two reinforced back pockets. 19" leg opening accommodates work boots. Coveralls - 910 .54 $48.00 • 10 oz., 100% cotton fisher stripe • Concealed zipper • Front closure t Page 1 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Industrial Shirts-935 $•16 $24.00 • 65% polyester/35% combed cotton ` Double chest pocket • Sewn in stay collars • Long sleeve and short sleeve lengths • Sizes S-6XL,for both men and women • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest Denim Shirt- 65415 $.25 $29.00 • 100% cotton denim shirt • Long oversized cut with a fully constructed Discontin button-down collar ued? Two-button cuffs and sleeve • Button-through chest pocket • Color: Faded Denim • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Polo Shirt - 259 $.27 $33.99 • Fade resistant, shrink resistant and wrinkle resistant. Three-button placket, rib knit cuffs, chest pocket. • 100% polyester • Sizes XS-4XL Page 2 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Discontin Ike Jacket - 971 ued ' • Short-waisted, 65/35 poly/cotton twill jacket • Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button- down patch pockets. • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Jacket-Lined-970 $.O8 $3 5.50 • 7.25 oz. twill, 65% polyester/35%combed cotton • Pre-cure durable press • Light soil wash • Solid brass zipper • Collar and waistband is 100% polyester 1x1 rib knit • Mid length Welted slash pockets and utility pocket on left sleeve • Permanently lined, black 100% nylon taffeta quilted to a 3.3oz. 1/8"polyurethane foam • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest • Sizes: S-6XL Page 3 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service .....-----. — $3.00 Launder/Wash — Cost per Item City owned garments • Contaminated garments $4.00 S.C. Additional Costs? $3.50/$4.50 . Weekly Service Charges? $7.00$3.65 Rentals- Name/Company Emblem Purchase-City Logo Make Up/Prep Charge The respondent hereby warrants that their quote is genuine and that it is not the result of collusion with other res dcnt(s)or any Cher p son(s) b" Signature Naine Printed Title Date Page 4 of 4 RFQ Rental Uniforms Quote 8/18/2023 Deviations and Exceptions Goods&Services Agreement Page 2 Section III Compensation: Card Payment Program Paragraph A. Defective or Unauthorized Work. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources. ,and the VeRdeF shall RGIUdiRg leg-al rce-Sts -;;Rd- attGFRey fees, ineui:Fed by the City beyeicild the MaXiMURI AgFeeMeRt pee bercerne due the\/e Rder Goods&Services Agreement Page 2 Section: III Compensation: Card Payment Program Paragraph B. Final Payment:Waiver of Claims. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS BY BOTH PARTIES, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. Goods&Services Agreement Page 3 Section VI Changes The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2)writing a separate acceptance, oF (3) t p' + st•„g iRthe way this seGti9R pFeyid . Goods&Services Agreement Page 4 Section VIII Claims FAILURE Tfl PROVIDE A COMPLETE. WRITTEN N OTIFICATIGNl OF CLAIM WITHIN :rWE TINAS A1101AMI) C WA11 QE AN AR50111TE WAIVER OF ANY GI AINAQ ARISING INI ANIV 1A/AV FROM THE FACTS OR EVEIUTC1. CI IDDlII INDING TWAT Q AIM OR CAUSED QV THAT IIEI AV Goods&Services Agreement Page 4 Section Vill Claims Paragraph D. Failure to Protest Constitutes Waiver and E. Failure to Follow Procedures and Constitute Waiver CINrS. READY FOR THE WORKDAY City of Kent RFQ Rental Uniforms Quote 8/18/2023 Goods&Services Agreement Page 4 Section IX. Limitation of Actions VENDOR EACH PARTY MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. Goods&Services Agreement Page 5 Section X.Warranty The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. . The Vendor warrants at the time of delivery goods are merchantable, aFe fit f the PaFtiGzwIaF PuFPGs^fee w they, eFe obtained and will perform in accordance with their specifications. and-he" seRtati&n W G#y-. Vendor shall promptly correct all defects in workmanship and materials that exist at delivery: (1) when the Vendor knows or should have known of the defect, or(2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used rebuilt or used parts will not be acceptable. `.Nheen defeets ^ FF ted theWaFlFaRty f^r that ^^r+;^., Of+h^ k The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City,the City may complete the corrections. and the"^^�'^� Goods&Services Agreement Page 5 Section XII. Indemnification The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, to the extent arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. HEREIN CONSTITUTES THE VENDOR'S WAIVER OF 1 UNITY WNDER INDUSTRIAL TITLE 51 RG�WT SOLELY FQ'R THE DCR 129S€S OF -4PS INDEMNIFICATION T14E PA°; gS FURTHER A!'KAIlIW EDGE TLATTLEV LAVE MUTUALLY IA11 V NEGOTIATEII THIS WAIVED CINTA& READY FOR THE WORKDAY City of Kent RFQ Rental Uniforms Quote 8/18/2023 , thPA e Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement, for 2 years. Goods&Services Agreement Page 5 Section XIV. Work performed at Vendor's Risk The Vendor shall take all necessary precautions in an effort to promote and shall be Fespe sihle the safety of its employees, agents, and subcontractors in the performance of the contract work and All L -;hall h d ^ t the Ve der n risL shall utilize all protection necessary for that purpose. ��� e a< <��= a ci,avi .`� vaei� Fisk, Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the negligent performance of work. Goods&Services Agreement Page 6 Section XV. Miscellaneous Provisions Paragraph C. Resolution of Disputes and Governing Law In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. Any dispute arising under this agreement shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other party. Goods&Services Agreement Page 7 Section XV. Miscellaneous Provisions Paragraphs L. and M. A. Prevailing Wage/Living Wage. Customer represents and warrants that this agreement is not subject to laws pertaining to prevailing wages, living wages, or other wage and/or benefit requirements established by law ("Wage Statutes"). Customer agrees and acknowledges that it will not attempt to enforce any Wage Statutes in relation to this agreement and Customer hereby waives and releases Cintas from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority in relation to Cintas's failure to satisfy any such Wage Statute in relation to agreement. B. No Federal Contractor. As a material condition of this Agreement, Customer represents and warrants that: (a) this Agreement is not federally funded; (b) this Agreement does not constitute, and is not entered into to support a federal government contract, subcontract or third party contract; (c) Cintas does not hereby become a subrecipient, subgrantee, project participant, or third party contractor or subcontractor in relation to any contract with the federal government; and (d) by entering this Agreement, Cintas does not become CiN06. READY FOR THE WORKDAY" City of Kent RFQ Rental Uniforms Quote 8/18/2023 obligated to comply with federal regulations or federal laws (including specifically the Service Contact Act), whether by virtue of such obligation flowing down from a contract between Customer and any third party, by virtue of federal funding being used in relation to this project, or otherwise. In the event that any of the foregoing is or becomes untrue, Cintas shall have the option to unilaterally terminate this Agreement. C'NEA& READY FOR THE WORKDAY` AC DATEIM(A DD(YYYY) k— CERTIFICATE OF LIABILITY INSURANCE D6t1Rt2°2, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this w_ certificate does not confer rights to the certificate holder in lieu of such endorsement(s). a PRODUCER CONTACT _ NAME' ADn Risk Services Northeast, Inc. PNONE FAX AJC.No.Exq: C,Nq.:C666) 2$3-7122 (800) 363-0105 I $ C/O AOn Client services o 4 overlook Point EMAIL S Lincolnshire IL 60069 USA aooaess: INSURER(S)AFFORDING COVERAGE NAIL M INSURED INSURER A: Liberty Insurance corporation 42404 cintas Corporation and its subsidiaries INSURERR: Liberty Mutual Fire Ins co 23035 6800 cintas Blvd Po Box 625737 INSURERC: LM Insurance Corporation 33600 Cincinnati OH 45262 USA INSURERD: Westchester Fire Insurance Company 10030 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570loOO82128 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH. THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as re nested INSR TYPE OF INSURANCE AD OL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIALGENERALL1A81LITY TBZ651004227 93 0 / 1J 23 /Ol/ 024NMIODA'Ym EACH OCCURRENCE $2,000+00 DAMAGE TO RENTED Sl 000,00C CLAIMS-MADE �OCCUR PREMI',:E, a P. n:e MED EXP(Any oneperson) $5,OOf X Contractual Liability PERSONALS ADV INJURY S1,000,000m GENERAL AGGREGATE $2,000,00 N r3EM1 AGGREGATE LIlI1T APPLiF_5^-PEn o POLICY PRO y1LOC PRODUCTS•COMP/OP AGG $2,DOD+DDC p JECT 0 OTHER r Ir A AUTOMOBILE LIABILITY AS7-651-004227-073 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT 55.000,000 ADS )( ANY AUTO BODILY INJURY(Per person)) C SCHEOULED BODILY INJURY(Per a eid nt) Z OWNED AUTOS « AUTOS ONLY PROPERTY Ot.MAGE U HIREOAUTOS NOWOWNEO (Per acciden,I — CNLY AUTO.ONLY —X Cu„•p'Call Se Dcd N n r?N)3S777f11R 07/01/702407I01J7074 r".11nnoalnnrnnr S5,000,000 U D UMAELLALIAA I X t.t,l;H EXCESSI" nccaecA7c $5,000,000. LLJUMYMAUc DED I X RETEN71ON 51.0,000 C WORKERS COMPENSATION AND WA565DO04227103 07/0I/Z023 07/01/2024 X I PERSTATUTE I JOTH- C EMPLOYERS'LIASILWY WC5651004227123 07/01/2023 07/01/2024 IFIR ANY PROPPII:TDR I PAPTNER i E*Ei,U'iv_ N El EACH ACCIDENT $2,000,000 OrF:LEKT,tFMEER EXCLUDED' N1'4 IMandalory In NH) E.L DISEASE-EA EMPLOYEE S2,000,.000 If yea,d...nbe ewe, E.L.DISCA5C•POUC1 i MIT S2,000,000 i= DESCRIPTION OF OPERATIONS t.LOCATIONS t VEHICLES(ACORD 101,Addill—I Remrhs Schedule,may be mooched if more space Is required) �I City of Kent is included as Additional Insured on the General Liability policy, but only With respect to Work performed under contract between the certificate Holder and the insured. y-• rl` r1.Fr CERTIFICATE HOLDER CANCELLATION 3: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 9W EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Kent AUTHORIZED REPRESENTATIVE Financial Reporting Division Finance Department eXiO?L i'% ;,ry efU[Usti*.ttCe"�c/lc+G�J 220 4th Ave. S. Kent WA 98032 USA = ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and loge are registered marks of ACORD Policy Number TB2-651-004227-093 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2.under Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you have agreed to add as an additional insured in a written agreement.Such person or organization is an additional insured but only with respect to that portion of the additional insured's liability for "bodily injury", "property damage", or"personal and advertising injury" caused by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in performance of your ongoing operations. However: 1. The insurance afforded to such additional insureds only applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s)or organization(s)for any "bodily injury", "property damage"or"personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or"property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury"or"property damage"occurs, or at the time the offense giving rise to the"personal and advertising injury"is committed. B. Solely with respect to the insurance afforded to these additional insureds,the following exclusions apply: This insurance does not apply to"bodily injury","property damage",or"personal and advertising injury"arising out of: 1. "Your product" or "your work" included in the "products-completed operations hazard". However, this exclusion does not apply if you are required to provide such coverage for the additional insured by written agreement, in which case additional insured status is granted under this endorsement subject to this endorsement's terms, and then only for the period of time required by the written agreement and only for liability caused by your act(s)or omission(s)or the act(s)or omission(s)of those acting on your behalf; or 2. "Your product"or"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. LDZ 20 13 03 23 A O 2023 Liberty Mutual Insurance Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Solely with respect to the insurance afforded to these additional insureds,the following is added to Section III —Limits Of Insurance: If coverage provided to the additional insured is required by a written agreement the most we will pay on behalf of the additional insured is: 1. The minimum amount of insurance required by the written agreement;or 2. The amount of insurance available under the applicable limits of insurance of this Policy; whichever is less- This endorsement shall not increase the applicable limits of insurance under this Policy. D. Solely with respect to the insurance afforded to these additional insureds, the following is added to Paragraph 2. Exclusions under Section I—Coverage A—Bodily Injury And Property Damage Liability: The insurance does not apply to: 1. 'Bodily injury","property damage", or"personal and advertising injury"that occurs prior to you commencing operations for the additional insured where such "bodily injury", "property damage", or "personal and advertising injury" occurs. 2. 'Bodily injury"or"property damage" arising out of the rendering of or the failure to render any professional architectural, engineering, or surveying services including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders,or drawings and specifications; and b. Supervisory, inspection,architectural, or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision;hiring,employment, training, or monitoring of others by that insured, if the 'occurrence"which caused the"bodily injury" or"property damage"or the offense which caused the"personal and advertising injury"involved the rendering of or failure to render any professional architectural,engineering;or surveying services. E. Solely with respect to the insurance afforded by this endorsement, Section IV—Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties in The Event Of Occurrence,Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable. a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers who also may have insurance available to the additional insured;and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Policy. 2. Solely with respect to the insurance provided by this endorsement, Paragraph 4., of Section IV — Commercial General Liability Conditions is amended as follows: a. The following replaces Paragraph 4.a. Primary Insurance: LDZ 20 13 03 23 A O 2023 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services office, Inc.,with its permission, If you have agreed in a written agreement to provide the additional insured coverage on a primary and noncontributory basis,this Policy shall be primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss and we will not seek contribution from the additional insured's policy for damages we cover, but only if the "bodily injury"or "property damage"occurs or the offense giving rise to the"personal and advertising injury"is committed subsequent to the execution of the written agreement. b. The following replaces Paragraph 4.b. Excess Insurance: Where a written agreement does not specify on what basis the liability insurance will apply, this insurance will be excess over any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis available to an additional insured.This Policy will not contribute with any other such insurance. However,this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same 'occurrence", claim, or"suit". 3. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s)or organization(s) prior to loss. For the purposes of this endorsement,"you"and"your"mean the Named Insureds and do not include any person(s) or organization(s)included as an additional insured in A. above. LDZ 20 13 03 23 A ©2023 Liberty Mutual Insurance Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. EXHIBIT C City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Work Pants - 945 $ 19 $28.99 • 8.25 oz. twill • 65% polyester/35% combed cotton pants • Heavy duty brass ratcheting zipper • Sizes and styles for both men and » women should be available • Regular cut with slashed pocket, a western jean cut, and double pleated ,.i slacks • Color: Navy Carhartt Pants — Dungaree - 383 .49 $35.00 • 383 The Work Dungaree • Sits slightly below the natural waist # and is full through the seat and thighs, giving more room to work comfortably. • Built tough with multiple tool pockets and two reinforced back pockets. • 19" leg opening accommodates work boots. Coveralls - 910 .54 $48.00 'a - • 10 oz., 100% cotton fisher stripe Af • Concealed zipper Front closure I Page 1 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Industrial Shirts-935 $•16 $24.00 • 65% polyester/35%combed cotton • Double chest pocket • Sewn in stay collars Long sleeve and short sleeve lengths • Sizes S-6XL,for both men and women • Colors: Navy VCity of Kent logo required r> y White silkscreen or embroidery Left chest Denim Shirt-65415 $•25 $29.00 • 100% cotton denim shirt • Long oversized cut with a fully constructed Disconti n button-down collar ued? • Two-button cuffs and sleeve Button-through chest pocket • Color: Faded Denim • Sizes: S-6XL City of Kent logo required White silkscreen or embroidery Left chest Polo Shirt - 259 $.27 $33.99 Fade resistant, shrink resistant and wrinkle resistant. • Three-button placket, rib knit cuffs, chest pocket. • 100% polyester • Sizes XS-4XL Page 2 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Discontin Ike Jacket - 971 Ued i } Short-waisted, 65/35 poly/cotton twill jacket • Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button- down patch pockets. • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Jacket-Lined-970 $.88 $35.JO • 7.25 oz. twill, 65% polyester/35%combed cotton • Pre-cure durable press Light soil wash • Solid brass zipper • Collar and waistband is 100% polyester 1xl rib knit • Mid length • Welted slash pockets and utility pocket on left sleeve • Permanently lined, black 100% nylon taffeta quilted to a 3.3oz. 1/8"polyurethane foam • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest • Sizes: S-6XL Page 3 of 4 City of Kent Rental Uniform List Quote Picture Description Rental Purchase Cost* Price *Rental Cost of uniforms are weekly and are to include laundry service Launder/Wash - Cost per Item City owned garments Contaminated garments $4.00 S.C. Additional Costs? $3.S0/$4.50 Weekly Service Charges? $7.00$3.65 Rentals— Name/Company Emblem Purchase— City Logo Make Up/Prep Charge The respondent hereby warrants that their quote is genuine and that it is not the result of collusion with other res) dent(s)or any Other p son(s). `I I)VIf ti (3 Signature 1� Name Printed f 1,,a4"(Or AC. ouAk I10' ta' �u �(+ ��G �} 3 Title Date Page 4 of 4 Exhibit D Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. a/. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. A�Q® DATE(061116/2023 ) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED co REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 0) v PRODUCER CONTACT NAME: Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 v C/o Aon Client Services (A/C.No.Ext): ac.rvo.: p 4 Overlook Point E-MAIL = Lincolnshire IL 60069 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC M INSURED INSURERA: Liberty Insurance Corporation 42404 Cintas Corporation and its Subsidiaries INSURERB: Liberty Mutual Fire Ins Co 23035 6800 Cintas Blvd PO Box 625737 INSURERC: LM Insurance Corporation 33600 Cincinnati OH 45262 USA INSURERD: Westchester Fire Insurance Company 10030 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570100082128 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER lMMfDD1YYYYl MM/DDNYYY B X COMMERCIAL GENERAL LIABILITY TB2651004227093 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 — DAMAGE TO RENTED $1,OOO,OOO CLAIMS-MADE I X OCCUR PREMISES Ea occurrence L� MED EXP(Any one person) $5 r 000 X Contractual Liability PERSONAL B ADV INJURY $1,000,000 be N GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 0 POLICY ❑PRO F'1 LOC PRODUCTS-COMP/OP AGO $2,000,000 JECT o 0 0 OTHER: r N A AUTOMOBILE LIABILITY A57-651-004227-073 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT $5,000,000 A05 Ea accident) X ANY AUTO BODILY INJURY(Per person) O S AUTOS CHEDULED BODILY INJURY(Per accident) Z OWNED AUTOS ONLY NON-OWNED PROPERTY DAMAGE V HIRED AUTOS Per accident) ONLY AUTOS ONLY X Camp/Coll$0 Oetl, d o X UMBRELLALIAB OCCUR G22035277018 07/01/2023 07/01/2024 EACH OCCURRENCE $5,000,000 V X AGGREGATE $5,000,000 EXCESS LIAS CLAIMS-MADE DED I X RETENTION $10,000 C WORKERS COMPENSATION AND wAS65DO04227103 07/01/2023 07/01/2024 X I PER STATUTE OTH- C EMPLOYERS'LIABILITY YIN WC5651004227123 07/01/2023 07/01/2024 AN V PROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $2,000,000 OFFICE MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $2,O00,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City Of Kent is included as Additional Insured on the General Liability policy, but only with respect to work performed under contract between the Certificate Holder and the insured. a---1111 Irk' IIFF. 91 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE , EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Kent AUTHORIZED REPRESENTATIVE Financial Reporting Division Finance Department 411, 1 /J 220 4th Ave. S. � �/ J Kent wA 98032 USA = ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Policy Number TB2-651-004227-093 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you have agreed to add as an additional insured in a written agreement. Such person or organization is an additional insured but only with respect to that portion of the additional insured's liability for "bodily injury", "property damage", or"personal and advertising injury"caused by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in performance of your ongoing operations. However: 1. The insurance afforded to such additional insureds only applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", property damage" or 'personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or"property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the"bodily injury"or"property damage"occurs, or at the time the offense giving rise to the"personal and advertising injury" is committed. B. Solely with respect to the insurance afforded to these additional insureds, the following exclusions apply: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of: 1. "Your product" or "your work" included in the "products-completed operations hazard". However, this exclusion does not apply if you are required to provide such coverage for the additional insured by written agreement, in which case additional insured status is granted under this endorsement subject to this endorsement's terms, and then only for the period of time required by the written agreement and only for liability caused by your act(s)or omission(s) or the act(s) or omission(s) of those acting on your behalf; or 2. "Your product" or"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. LDZ 20 13 03 23 A ©2023 Liberty Mutual Insurance Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. Solely with respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits Of Insurance: If coverage provided to the additional insured is required by a written agreement the most we will pay on behalf of the additional insured is: 1. The minimum amount of insurance required by the written agreement; or 2. The amount of insurance available under the applicable limits of insurance of this Policy; whichever is less. This endorsement shall not increase the applicable limits of insurance under this Policy. D. Solely with respect to the insurance afforded to these additional insureds, the following is added to Paragraph 2. Exclusions under Section I—Coverage A—Bodily Injury And Property Damage Liability: The insurance does not apply to: 1. 'Bodily injury", "property damage", or"personal and advertising injury"that occurs prior to you commencing operations for the additional insured where such "bodily injury", "property damage", or "personal and advertising injury"occurs. 2. 'Bodily injury" or"property damage" arising out of the rendering of or the failure to render any professional architectural, engineering, or surveying services including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory, inspection, architectural, or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the 'occurrence"which caused the"bodily injury" or"property damage" or the offense which caused the"personal and advertising injury"involved the rendering of or failure to render any professional architectural, engineering, or surveying services. E. Solely with respect to the insurance afforded by this endorsement,Section IV—Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties in The Event Of Occurrence, Offense,Claims Or Suit: An additional insured under this endorsement will as soon as practicable. a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit' to all insurers who also may have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Policy. 2. Solely with respect to the insurance provided by this endorsement, Paragraph 4., of Section IV — Commercial General Liability Conditions is amended as follows: a. The following replaces Paragraph 4.a. Primary Insurance: LDZ 2013 03 23 A ©2023 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. If you have agreed in a written agreement to provide the additional insured coverage on a primary and noncontributory basis, this Policy shall be primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss and we will not seek contribution from the additional insured's policy for damages we cover, but only if the "bodily injury" or "property damage"occurs or the offense giving rise to the"personal and advertising injury"is committed subsequent to the execution of the written agreement. b. The following replaces Paragraph 4.b. Excess Insurance: Where a written agreement does not specify on what basis the liability insurance will apply, this insurance will be excess over any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis available to an additional insured. This Policy will not contribute with any other such insurance. However,this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim, or"suit". 3. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. For the purposes of this endorsement,"you"and"your"mean the Named Insureds and do not include any person(s) or organization(s) included as an additional insured in A.above. LDZ 20 13 03 23 A ©2023 Liberty Mutual Insurance Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.