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HomeMy WebLinkAboutItem 15 Approval of Updated Cintas Corporation Piggyback Contract City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 5, 2025 Item #: 15 Contact Name: Stephen Krug Department Director: Stephen Krug Contact Number: Ext. 6002 City Manager: Craig Shadrix Subject: Approval of Updated Cintas Corporation Piggyback Contract. (Assistant Public Works Director Gajadhar) Background Summary: At the June 4, 2013, City Commission meeting, the Commission approved the Public Works Team’s utilization of Cintas for uniform, shop rag, fender cover and carpet service. Pricing was based on a Hartford County Public Schools, Maryland, Master Agreement. This agreement has expired and was updated to a new Master Agreement with the University of Nebraska. Ocoee is a member of Omnia Partners, which is a government cooperative that allows the City to take advantage of competitively bid contracts from other public agencies. The University of Nebraska has provided a cooperative agreement for the City to utilize uniform, shop rag, fender cover and carpet service, providing significant savings. Public Works will save approximately $1,500 annually for the services compared to the current expired contract. Public Works recommends awarding the uniform, shop rag, fender cover and carpet service to Cintas through the Omnia Partners Master Agreement by and between The University of Nebraska and Cintas, Contract #210198220. Issue: Should the Honorable Mayor and City Commissioners approve uniform, shop towel, fender cover, and carpet service with Cintas under the University of Nebraska Contract #210198220? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve uniform, shop towel, fender cover, and carpet service with Cintas under the University of Nebraska Contract #210198220. Attachments: 1. Cintas and University of Nebraska Master Agreement and RFP 2. City of Ocoee - University of Nebraska Piggyback Agreement Financial Impacts: The funding for the uniforms, shop towels, fender covers and carpet service, is adequately covered in the Public Works Department operational budget. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent Cintas Representative Initials: Customer Initials: Page 1 of 6 Rev. 1.8.24 Workplace Solutions Cooperative Acceptance Agreement Location #: Contract #: Customer #: Main Corporate Code ➞ Omnia Nebraska Rental/FS MLA CC #13897 MLA Agreement #211011348 GPO CC #13897 GPO Agreement #211011196 Date: Customer/Participating Agency: (“Customer”) Phone: Address: City: State: Zip: UNIFORM PRODUCT RENTAL PRICING: WORKPLACE SERVICES PRODUCTS PRICING: ITEM #DESCRIPTION STANDARD ITEM UNIT PRICE LOSS/DAMAGE REPLACE. VALUE  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No ITEM #DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE Automatic Lost Replacement Charge Item:% of inventory $ ea Automatic Lost Replacement Charge Item:% of inventory $ ea This Workplace Solutions Cooperative Acceptance Agreement (this “Acceptance Agreement”) is effective as of the date of execution for a term of 60 months from the date of installation or renewal (the “Term”). Standard Name Emblem $ ea Standard Agency Emblem $ ea Custom Agency Emblem $ ea Embroidery $ ea Uniform Advantage Item:$ ea per week Premium Uniform Advantage Item:$ ea per week Emblem Advantage Item:$ ea per week Prep Advantage Item:$ ea per week Minimum Charge $35 per delivery or 50% of initial invoice (the greater of the two). 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 Under no circumstances will Cintas accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. Artwork Charge for Logo Mat $ Payment Terms: Net 30 Size Change Customer agrees to have employees measured by a Cintas representative using garment “size samples” or Cintas TruFit. A charge of $ per garment will be assessed for employee’s size changed within 4 weeks of installation. Other CHECKBOX INITIALS DATE Initial and check box if Unilease. All Garments will be cleaned by customer. Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control. Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values. (See Section 6 of Cintas General Service Terms Section).  Space for additional entries provided on page 5 Space for additional entries provided on page 5 SEE PAGE 5 1.500 1.500 2.500 N/A All Standard Garments All Non-Standard Garments All Garments with Emblems All Garments 1.950 0.000 6.000 X2191 FENDER COVER 01 ANY $1.514 X2160 SM SHOP TWL-RED 01 ANY $0.120 X84301 3X5 LOGO MAT 01 ANY $3.679 X84401 4X6 LOGO MAT 01 ANY $7.992 X8874 LOGO MAT ADVANTAGE 01 ANY $1.000 X2191 10 4.542 X2160 10 0.360 058K 210198220 13128713 7/1/2025 CITY OF OCOEE 407-554-7305 1 N BLUFORD AVE OCOEE FL 34761 0.080 0.160 0.090 0.050 0.150 N/A 4 N/A N/A N/A N/A N/A 4 4 4 4 4 4 Cintas Representative Initials: Customer Initials: Page 2 of 6 Rev. 1.8.24 OMNIA PARTICIPATING PUBLIC AGENCIES TERMS CINTAS GENERAL SERVICE TERMS SECTION 1. Participating Public Agencies: Cintas Corporation No. 2 (“Cintas”) agrees to extend the same terms, conditions, and covenants agreed to under the OMNIA Vendor Agreement executed between Cintas and University of Nebraska (the “Master Agreement”) to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each Participating Public Agency will be exclusively responsible and deal directly with Cintas on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. By executing this Acceptance Agreement, the Customer identified on Page 1 herein agrees to be bound by the terms and conditions set forth in the Master Agreement as a Participating Public Agency and the terms and conditions set forth in this Acceptance Agreement. Master Agreement available at https://www.omniapartners.com/publicsector. 2. Dispute Resolution – Arbitration and Class Waiver: This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement. a. Arbitration Notice: Customer agrees to the maximum extent permitted by law that any dispute, controversy, or claim arising out of or relating to this Acceptance Agreement (including its enforcement, performance, breach, arbitrability, or interpretation) or to the products or services provided hereunder will be submitted to and resolved by final and binding individual arbitration. ARBITRATION MEANS THAT AN ARBITRATOR, AND NOT A JUDGE OR A JURY, WILL DECIDE THE DISPUTE, CONTROVERSY, OR CLAIM. BY ACCEPTING THESE TERMS, YOU AND CINTAS ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PURSUE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE CLAIMS OR PROCEEDINGS EITHER IN ARBITRATION OR IN ANY COURT. To the extent a class or collective action or representative claim or proceeding may not be waived, you agree to stay any such actions, claims, and proceedings until after all actions, claims, and proceedings subject to arbitration are fully resolved. b. Arbitration Procedures: Any arbitration between Customer and Cintas will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Acceptance Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cintas. Any arbitration hearings will take place in the state in which Customer is located; provided, however, that if the claim is for $10,000 or less, Customer may choose for the arbitration instead to conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a telephonic hearing. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. c. Fees: Arbitration fees will be assessed consistent with the AAA Rules. d. No Class Actions in Arbitration or in Any Court, No Jury Trial: CUSTOMER AND CINTAS AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN ANY COURT. FURTHER, UNLESS BOTH CUSTOMER AND CINTAS AGREE OTHERWISE, AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PARTICIPATING PUBLIC AGENCY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FOR THE AVOIDANCE OF DOUBT, CUSTOMER AND CINTAS AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL, NON-REPRESENTATIVE, NON-CLASS BASIS IN ARBITRATION, BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. e. Enforceability: If the requirement to submit any and all disputes, controversies, and claims to binding arbitration is found to be unenforceable or contrary to applicable law, the dispute, controversy or claim will be resolved in accordance with, and governed by, the laws of the State in which the Participating Public Agency exists. f. Severability: If any section or provision of this ¶ 2, Dispute Resolution – Arbitration and Class Waiver, is found to be unenforceable or invalid, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions of the parties, and the remainder will be given full force and effect. 3. Dispute Resolution – Timing of invoice challenges: Requests for an invoice adjustment or challenges to invoice amounts must be received by Cintas within 60 days of Customer’s receipt of the contested invoice, or any billing dispute is waived. Notification to Cintas of a request for an invoice adjustment must be made in writing and must include the invoice number, disputed amount, and the reason for the disputed charge. 4. In the event of any conflict between this Acceptance Agreement and the Master Agreement, the Master Agreement shall prevail, except to the extent this Acceptance Agreement specifically provides that it is superseding a provision in the Master Agreement. PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THIS ACCEPTANCE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. 1. Prices: Customer agrees to rent from Cintas, and Cintas agrees to provide to Customer, all of Customer’s requirements for uniform rental products and services at the prices listed in the Master Agreement, including annual price adjustments. An amendment to this Acceptance Agreement is not required when pricing in the Master Agreement is updated and adjusted. There will be a minimum charge of thirty-five dollars ($35.00) or 50% of initial invoice (whichever is greater) per delivery (the “Minimum Stop Charge”) for each Customer location required to purchase its rental services from Cintas as set forth in this Acceptance Agreement. The Minimum Stop Charge shall supersede any conflicting or different term in the Master Agreement. 2. Buyback of Non-Standard Garments: Customer has ordered from Company a garment rental service requiring garments that may not be standard to Company’s normal rental product line or include direct embroidery or an unusual emblem placement. Non-standard items will also include standard garments that have been embroidered. Those non-standard products will be designated as such under Garment Description in the Uniform Product Rental Pricing Chart(s). In the event the Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement in whole or in part for any reason, the Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values. 3. Garments’ Lack of Flame Retardant or Acid Resistant Features: Unless specified otherwise in writing by Cintas, the garments supplied under this Acceptance Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features. They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Cintas upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Acceptance Agreement require flame retardant or acid resistant clothing. 4. Logo Mats: In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that Cintas has in service and out of service held in inventory at the then current Loss/Damage Replacement Value. 5. Adding Employees: Additional employees and merchandise may be added to this Acceptance Agreement at any time upon written or oral request by the Customer to Cintas. Any such additional employees or merchandise shall automatically become a part of and subject to the terms of this Acceptance Agreement. If such employees are employed at a Customer location that is then participating under this Acceptance Agreement, the Customer shall pay Cintas the one-time preparation fee indicated on the Master Agreement and / or outlined above. Customer shall not pay Cintas any one-time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems. 6. Emblem Guarantee: If Customer has requested that Cintas supply emblems designed exclusively for Customer featuring Customer’s logo or other specific identification (hereinafter “Customer Emblems”), Cintas will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer’s needs and maintain a low cost per emblem through quantity purchases. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Acceptance Agreement for any reason or fails to renew this Acceptance Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that Cintas allocated to Customer at the price indicated on the Master Agreement and / or outlined above of this Acceptance Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Cintas and Customer and noted on the Master Agreement and / or outlined above. 7. Terminating Employees: Subject to the provisions of this Acceptance Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to Cintas but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Cintas. 8. Replacement: In the event any merchandise is lost, stolen or is not returned to Cintas, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said merchandise at the then current Loss/Damage Replacement Values. 9. Additional Customer Locations: Notwithstanding anything to the contrary contained herein, there will be a minimum term equal to the greater of thirty-six (36) months or the remainder of the Term for any individual Customer location added after the date of this Acceptance Agreement. Cintas Representative Initials: Customer Initials: Page 3 of 6 Rev. 1.8.24 Cintas Location #: Customer Signature: By: Print Name: Title: Print Title: Accepted-GM: Email: Cintas Enterprise Account:  Yes  No Customer Contact: Cintas Enterprise Partner Name: Customer Contact Email: 10. Additional Items: Additional Customer employees, products and services may be added to this Acceptance Agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this Acceptance Agreement is terminated early for convenience, the parties agree that the damages sustained by Cintas will be substantial and difficult to ascertain. Therefore, if this Acceptance Agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Cintas for non-payment by Customer at any time Customer will pay to Cintas, as termination charges and not as a penalty based upon the following schedule: - If this Acceptance Agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 52 weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months thirteen (13) through twenty-four (24) of the term, Customer shall pay as termination charges equal to thirty-nine (39) weeks of rental service. - If this Acceptance Agreement is cancelled for convenience in months twenty-five (25) through thirty-six (36) of the term, Customer shall pay as termination charges equal to twenty-six (26) weeks of rental service. - If this Acceptance Agreement is cancelled for convenience after forty-eight (48) months of service, Customer shall pay as termination charges of thirteen (13) weeks of rental service. - Customer shall also be responsible to return all of the merchandise allocated to such Customer locations terminating this Acceptance Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer’s account prior to termination. 11. 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. 12. 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. 13. Customer Type: Customer must select the appropriate response below: Is Customer a United States federal government agency or instrumentality?  Yes  No 14. Customer Funding Source: Customer must select the appropriate response below: Will Customer pay for the goods and services ordered under this Acceptance Agreement with any United States government funds?  Yes  No 15. Additional Terms: Customer must select the appropriate response below: Does Customer require any additional terms and conditions to be incorporated into this Acceptance Agreement, or is Customer accepting the Agreement without additional terms?  Yes, additional terms required  No additional terms needed 16. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided. I am authorized to sign on behalf of this company. In addition, I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms. (If Yes, Customer must provide any applicable U.S. government flowdown terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). (If Yes, Customer must provide any applicable U.S. government flowdown terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). (If Yes, Customer must provide any applicable additional terms and conditions, which will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this Acceptance Agreement). 73 ALLY DURRANCE KEY ACCOUNT MANAGER 4 4 4 4 Cintas Representative Initials: Customer Initials: Page 4 of 6 Rev. 1.8.24 Accounts Payable Contact Billing Information How should the Business Name read on the invoice? Do you have other sites/locations within your company that are set up for billing with Cintas?  YES  NO  UNSURE Are you Tax Exempt?  YES  NO If Yes, where can I get a copy of your tax-exempt form? Account Payable Contact Name: Account Payable Contact Phone #: Account Payable Email: Payer Street Address: City: ST/PROV: ZIP/PC: We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address.  Same as Payer OR  Same as Sold-To Bill-To Street Address: City: ST/PROV: ZIP/PC: Invoice Delivery (choose one):  Leave at Site and Email  Email Only  Physically Mail  Leave at site after service Do invoices require a purchase order?  YES  NO If yes, please provide PO# Will the same PO need to appear on each invoice?  YES  NO Is there an expiration date?  Check  ACH/EFT - We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details  Credit Card - We will have our Payment Center contact the AP Contact above for credit card details Unless noted below, your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing. myCintas allows you to conveniently access your account anytime using your computer, tablet, or mobile device! Do not send information about Online Bill Pay (US Only) PAYER INFORMATION: This section covers the address where the person who pays the bills is and their contact information. BILL-TO INFORMATION: This section covers where the bill will be mailed/sent to. PAYMENT TERMS: Net 30 Standard WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING PAYMENT OPTIONS 4 4 CITY OF OCOEE C/O ACCOUNTS PAYABLE - CITY OF OCOEE 150 N LAKESHORE DR OCOEE FL 34761 150 N LAKESHORE DR OCOEE FL 34761 4 4 4 4 1429689 Cintas Representative Initials: Customer Initials: Page 5 of 6 Rev. 1.8.24 UNIFORM PRODUCT RENTAL PRICING (cont.): WORKPLACE SERVICES PRODUCTS PRICING (cont.): ITEM #DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE Continued from page 1 Continued from page 1 ITEM #DESCRIPTION STANDARD ITEM UNIT PRICE LOSS/DAMAGE REPLACE. VALUE  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No  Yes  No X381 CARHARTT 5 PKT JN $0.390 X935 CINTAS COMFORT MENS SHIRT $0.178 X270 MENS CARGO PANTS $0.346 X370 MENS CARGO SHORT $0.325 X945 MENS COMFORT PANT WORK PANTS $0.298 X894 MENS DENIM JEANS $0.388 X67618 MENS DRI MESH SPORT SHIRT $0.406 X59935 MENS REFLCTV VIS COMFORT SHIRT $0.478 X275 MENS SNAG RESISTANT MM POLO $0.357 X388 SUSAN CARGO PANTS/WM $0.346 X23389 COMFORTFLEX WOMENS CARGO PANTS $0.450 X24273 COMFORTFLEX WOMENS WORKSHIRT $0.250 X23273 COMFORTFLEX MENS WORKSHIRT $0.250 X23270 COMFORTFLEX MENS CARGO PANTS $0.450 X23945 COMFORTFLEX MENS WORK PANTS $0.400 X23390 COMFORTFLEX WOMENS WORK PANTS $0.400 $24.300 $21.600 $26.100 $19.800 $23.400 $17.361 $12.006 $30.600 $26.100 $25.650 $36.000 $31.500 $31.500 $36.000 $31.500 $31.500 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Cintas Representative Initials: Customer Initials: Page 6 of 6 Rev. 1.8.24 LOCATION LISTING