FAC111 Cintas Customer Engagement Form 5.30.2019.pdf

COMMONWEALTH OF MASSACHUSETTS

FAC111 ELIGIBLE ENTITIES CINTAS CUSTOMER ENGAGEMENT FORM

Form last updated 5/30/2019 1

Date:

The undersigned Eligible Entity of The Commonwealth of Massachusetts (as defined below) (hereinafter “Customer”) elects to participate in a rental service for garments and/or other rental items governed by State Contract (FAC111) as the same may be amended or renewed from time to time by and between Cintas Corporation No. 2 (hereinafter “Company”) and the Commonwealth of Massachusetts (hereinafter “Agreement”). Customer agrees to be bound by the terms and conditions of the Agreement.

GENERAL TERMS

A.

This agreement is effective from to . The length of this rental agreement will commence with the actual uniform rental, not affiliated with the start date of the Master Agreement. Any negotiations of price, terms or discounts must be approved by Prince William County Public Schools and the Operational Services Division for the Master Agreement. Any such changes shall take effect on the anniversary date of the Master Agreement. All requests for price changes must be justified and based upon verifiable criteria which may include the Bureau of Labor Statistics Consumer Price Index (CPI-U). Terms are a minimum of 12 months and may not exceed 36 months.

B.

Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent in writing to the FAC111 Company Contract Manager. If Company then fails to resolve any material complaint within 30 calendar days, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition.

If Customer does not renew service after 12 months for reasons other than quality of service as set forth above, Customer will buy back, and retain, the garments in inventory at 72% of the US Communities Loss Replacement value. Customer shall also be responsible for any unpaid charges on Customer’s account prior to termination.

If Customer does not renew service after 18 months for reasons other than quality of service as set forth above, Customer will buy back, and retain, the garments in inventory at 46% of the US Communities Loss Replacement value. Customer shall also be responsible for any unpaid charges on Customer’s account prior to termination.

If Customer does not renew service after 24 months all garments must be returned and there will be no penalty to the participating agency.

Customer shall also be responsible for any unpaid charges on Customer’s account prior to termination.

Additional fees for the buyback of non-standard garments, logo mats, and emblems, garment replacement costs, and the addition or termination of employee accounts appear in the “Additional FAC111 Terms” on page 3 of this form.

C.

Products not listed on the FAC111 Cintas Price File will need approval from the Commonwealth of Massachusetts, Operational Services Division Contract Manager. Local contracts are invalid and will not be binding to the Agreement.

CINTAS CUSTOMER

Cintas Location #

Customer Entity Name

City, State

City, State

Signature: ____________________________________ Signature: ____________________________________

Name: Name:

Date: Date:

Title: Title:

The following are the Commonwealth entities (“Eligible Entities”) that are designated by the State Purchasing Agent as eligible to use this Acceptance Agreement for Services from Company through Statewide Contract FAC111:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth, and;

9. Other states and territories with no prior approval by the State Purchasing Agent, and;

10. Other entities when designated in writing by the State Purchasing Agent.

Additional FAC111 Terms on page 3.

Form last updated 5/30/2019 2

Location No.:

Contract No.:

Customer No.:

Main Corporate Code New CC 13218

Date:

Customer/Participating Agency: Phone:

Address: City: State: Zip:

UNIFORM PRODUCT RENTAL PRICING:

Item # Description Unit Price

Name Emblem $ EACH Company Emblem $ EACH

Customer Emblem $ EACH Embroidery $ EACH

COD Terms $ per week charge for prior service (if Amount Due is Carried to Following Week)

Automatic Lost Replacement Charge: Item: % of Inventory % $ EACH.

Automatic Lost Replacement Charge: Item: % of Inventory % $ EACH.

Minimum Charge $ PER DELIVERY

Make-Up charge $ PER GARMENT

Non-Standard/Special Cut Garment (i.e., non-standard, non-stocked unusually small or large sizes, unusually short or long sleeve or length, etc.)

premium $ PER GARMENT

Seasonal Sleeve Change $ PER GARMENT

Artwork Charge for Logo Mat $

Size Change: Customer agrees to have employees measured by a Cintas representative using garment “size samples”.

A charge of $ PER GARMENT will be assessed for employee’s size changed within 4 weeks of installation.

Other:

FACILITY SERVICES PRODUCTS PRICING:

Bundle* Item # Description Rental Freq. Inventory Unit Price

Indicated bundled items/services

Check box if Unilease. All Garments will be cleaned by customer.

Check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control of customer.

Check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values.

Form last updated 5/30/2019 3

Additional FAC111 Terms

Fire Resistant Garments: Customer agrees it bears sole responsibility for selecting the flame resistant clothing and fabrics (“FRC”) under this Contract determining whether such items are appropriate for use by its employees and agents in their applicable work environment(s). THE CUSTOMER ACKNOWLEDGES THAT CONTRACTOR HAS

MADE NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE FLAME-RESISTANT QUALITIES OR OTHER CHARACTERISTICS OF THE FRC

OR WITH RESPECT TO THEIR FITNESS OR SUITABILITY FOR THIS OR ANY OTHER PURPOSE. CONTRACTOR MAKES NO REPRESENTATION WHETHER THE

FRC CONSTITUTES APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT FOR THE ENVIRONMENT(S) TO WHICH THE CUSTOMER’S EMPLOYEES OR AGENTS

MAY BE EXPOSED OR AS TO THE FRC’S ABILITY TO PROTECT USERS FROM INJURY OR DEATH. The Customer agrees to notify all employees and other agents of the Customer who may wear or will be wearing the FRC that it is not designed for substantial heat exposure or for use around open flames. The Customer acknowledges that compliance with any and all OSHA or other similar regulations or requirements relating to personal protective equipment is the sole responsibility of the Customer. Further, to the extent permitted by Section 11 of the Commonwealth’s Terms and Conditions, the Customer releases Contractor from any and all liability that results or may result from the use of the garments, including but not limited to any alleged failure of the FRC to function as flame-resistant or provide protection against fire and/or heat.

High Visibility Garments: Customer bears sole responsibility for: (a) determining the level of visibility needed by wearers of the garments for their specific work conditions or uses; (b) identifying and selecting which garments meet the required level of visibility for any particular work conditions or uses; and (c) determining when garments require repair or replacement to meet the required level of visibility. Customer acknowledges and understands that the garments alone do not ensure visibility of the wearer. Customer further acknowledges that Company is relying upon Customer to determine whether any garments need repair or replacement to maintain the required level of visibility.

Company represents only that the uniforms supplied satisfy certain ANSI/ISEA standards to the extent the garments are so labeled. Customer acknowledges that Company has made no other representations, covenants, or warranties, whether express or implied, related to the uniforms.

Prices: Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on the FAC111 CINTAS

Price File, "Garment and Non-Garment Pricing" at the prices set forth in the FAC111 CINTAS Price File. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement.

Buyback of Non-Standard Garments: Customer has ordered from Company a garment rental service requiring embroidered garments that may not be standard to

Company’s normal rental product line. In the event Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values as published in the FAC111

CINTAS Price File on COMMBUYS.

Garments' Lack of Flame Retardant or Acid Resistant Features: Unless specified otherwise in writing by the Company, the garments supplied under this Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features. They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Company upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Agreement require flame retardant or acid resistant clothing.

Logo Mats: In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining

Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.

Adding Employees: Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one time preparation fee indicated on the FAC111 CINTAS Price File. Customer shall not pay Company any one time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.

Emblem Guarantee: Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification

(hereinafter "Customer Emblems"). Company will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a low cost per emblem through quantity purchases.

In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on the FAC111 CINTAS Price File of this Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on the FAC111

CINTAS Price File.

Terminating Employees: Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Company

Replacement: In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement Values.

Additional Items: Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company for non-payment by Customer at any time Customer will pay to Company, as liquidated damages and not as a penalty based upon the schedule in Section B of the General Terms on page 1 of this form.

Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills.