Item 11 - Agreement for Uniform Rental and Workplace Solutions Services

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Omnia Participating Public Agencies Terms 1. Participating Public Agencies: Supplier agrees to extend the same terms. covenants agreed to under the OMNIA Vendor Agreement executed between Cintas Corporation and University of Nebraska (the "Master Agreement') to other government agencies ("Participating Public Agencies") that, in their discretion. desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement, ordering_ delivery, inspection, acceptance. invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. 2. Dispute Resolution —,arbitration and Class Waiver. This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice. Customer agrees to the maximum extent permitted by law that any dispute, controversy, or claim arising out of or relating to this Agreement (including its enforcement, performance, breach, arbitrability, or interpretation) or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration. ARBITRATION MEANS THAT AN ARBITRATOR, AND NOT A JUDGE OR A JURY, WILL DECIDE THE DISPUTE, CONTROVERSY, OR CLAIM. BY ACCEPTING THESE TERMS. YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT. To the extent a class or collective action or representative claim or proceeding may not be waived, you agree to stay any such actions, claims. and proceedings u-nil after all actions. claims, and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures. Any arbitration between Customer and Cint v rill be gov.med by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consu.ne Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at w�vm-.adr.org, by calling the AAA at '-800-778-7879, or by contacting Cintas. Any arbitration hearings will take place in the state .n which Customer is located; provided, however, that if the claim is for $10,000 or less. Customer may choose for the arbitration instead to con-ucted: (i) solely- on the basis of documents submitted to the arbitrator: or (ii) through , telephonic hearing. n, arbitrator must issue a reasoned written decision sufficient to explain the essential findings dnd conclusions on which the decision and award, if any, are based. C. Fees. Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in .arbitration or in Any �ourt, No Jury Trial. CUSTOMER AND CINTAS AGREE THAT, TO THE MAXIMUM EXTENT PERIVITTED BY LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN ANY COURT. FURTHER, UNLESS BOTH CUSTOMER AND CINT S AGREE OTHERWISE, AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FOR THE AVOIDANCE OF DOUBT, CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL. NON-REPRESENTATI 'E, NON -CLASS BASIS IN ARBITRATION. BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT, CT' TOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. e. Enforceability. If the requirement to submit any and all disputes, controversies, and claims to binding arbitration is found to be unenforceable or contrary to applicable law, the dispute. controversy or claim will be resolved in accordance with, and governed by. the laws of the State in which the Participating Public Agency exists. f. Severability. If any section or provision of this I- 2, Dispute Resolution — Arbitration and Class Waiver, is found to be unenforceable or valid, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions of the parties, and the remainder Nvill be given fill force and effect. 3. Dispute Resolution — Timing of invoice challenges: Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer's receipt of the contested invoice, or any billing dispute is waived. Notification to Cintas of a request for all invoice adjustment must be made in writing and must include the invoice number, disputed amount, and the reason for the disputed charge. 4. Master Agreement available athl[�sartavnti'.omni artnzis.com' uhficsector. 5. In the event of any conflict between this Facilities Solutions Cooperative Acceptance Agreement (this "Agreement") and the Master Agreement- the Master Agreement shall prevail_ except to the extent this Agreement specifically provides that it is superseding a provision in the Master Agreement Supplier General Service Terms Section 6. Prices Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services on the Master Agreement and / or outlined above. There will be a minimum charge of thirty-five dollars ($35.00) or 50% of initial invoice (whichever is greater) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement. Page 2 of 7 Cintas Representative Initial Customer Initial