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Home My WebLink AboutOrdinance No. 428 CITY OF THE COLONY, TEXAS ORDINANCE # ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNITOG FROM .... TO ~ : .£. '::"'U: ":.', FOR THE RENTAL OF PUBLIC WORK~ TTNT~'ORMS ; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with UNITOG f~rOm to. : : ~ · ,for the RENTAL OF PUBLIC WORKS UNIFORMS The approved form of such contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shah take ef:[ect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND A~PROVED by the City Council of the City of The Colony, Texas, on this the APPROVED: ATTEST: ' -- ' - '~I[ UNITOG RENTAL ;RVICES, INC. ~ RENTAL SERVICE AGREEMENT CITY ~ ~ ~'~ ¢ Tho undersigned {hereinafter c~led "Customer") orders from ~nito~ Bental Se~ice~, Inc. ~her*inafter calleo cu~tomer~ linen and/or uniform and accessorie* noeO~, at th~ price~ and upon the condition~ ~ot forth Bolow anO on th~ order form{~) attached. 1. Onito~ a~r88~ to furnish, clean, ~ie~ u~ and deli~sr th8 articlo$ of m*reh~nd[~o Ii*tod on th8 ordor form~$} attached. Customer *~r~8 to rent such articles and its total requirements of said merchandise from Onitog, [nclud ng merchand se to be furnished or added after the date of th~s agreement. Rental shall be payable week y on a merchand se covered hereby, whether or not worn or used. Rental charges shall con tinue with respect to merchandise supplied to Customer and ts amp oyees notwithstanding termination of employment or any other decrease in Customer's need for the merchandise, until such merchandise Js returned or paid for in accordance with paragraph 4. This agreement shall commence on the order date described on the order form(s) and, except as provided herein, extend for a period of ~ ~ months after the date of first delivery, and she I be renewed thereafter for Hke periods; provided, however, that either party may a~/~ cancel-this agreement at the end of the f~rst or any successive contract period by giving written notice of cancebat[on to the other by regis- tared mail not less than s xty (60) days prior to the end of such contract period ' n . · g ' ' ' rein 3. Customer warrants that he is not a party to a contract except this Contract for the furnJshin of merchandise or serwces described he ~ ~ a d on the attached order form(si for the per~od hereof. 4. Ag merchandise remains the property of Unitog'and Customer is responsible for the return of such terns, or the pa ment of the loss or ~ damage charge described below. Unitog wig repair or replace those items unserviceable due to norma~ usage or wear, un'Customer agrees to ~ pay for merchandise Jest or damaged due to abuse, malicious destruction or otherwise. The loss or damage charge rate for the various articles of merchandise is shown below or o~ the attached order form(s); however, Unitog reserves the right to increase these rates. LOSS OR DAMAGE CHARGE RATES Shirt ~' ~ ~ Shop To~el Pant ~ Mop&/ra~e Jacket __ Mop Handle __ 5. This agreement is based on use of the merchandise specified in the attached order form(s) and the color thereof cannot be changed during the term of the agreement without Unitog's consent Unless these provisions are stricken it is understood that a) there is to be no seasona~ change in shirt s~eeve length and (b) jacket renta pr cee are based on f fry-two (52 weeks annua y. 6. Both parties a~ree that Unitog's p~ckup and count shall be proof of the amount of se~ice provided, unless Customer gives written noti~e of any objection w~thin seven (7) days after de~ivery. 7. Customer understands that Unitog will ~ required to make a substantial investment in merchandise for Customer's particular use, and therefore it is agreed that f~at rates and rain m~ms for garment and accessory items, and weekly minimum inventory charges for linen items, sba ~ made a part of this agreement, as set forth on the order form(si attached and incorporated herein by reference. 8. Unitog reserves the right, exercisable not more than once during each per od of twelve (12) months of the term hereof, and upon written notice to the C~stomer, to ncrease pr cee n an amount necessary to pass on to the Customer increased costs actually incurredby Unitog in its performance hereof. 9. Terms of payment shall be cash on delivery f approved for a ledger account, terms shall be net cash ten (10) days after statement presen- tation. A late payment charge of 1.5% per month (t~% annuagy or the maximum ~egal rate of interest whichever Js lesser w Il be applied to all past due amounts. If payment s not received as set fo~h above, Unitog w ~ have the opt on to cent hue on a cash~n-delivery ~sis. 10. If it becomes necessary for Unitog to turn any account over to an attorney for collection, or to seek lager advice or counsel concernin an unauthorized termination or breach of th s agreement, or to institute any lega~ proceedings against the Customer for an unauthorized termina- tion or breach of this agreement, the Customer agrees to pay a necessary costs, including any reasonable attorney fees, incurred by Unitog enforcing its rights hereunder. 11. The Customer acknowledges that the pecu ar conditions surround ng a se~ ce consisting of the merchan~se covered hereby are such that normal rules of damages wHI not compensate Unitog for its ~oss n the event of a breach or unauthorized termination of this agreement by the Customer. The parties therefore agree that n the event of such a breach or termination Unitog shall receive as liquidated damages, end not as a penalty, an amount equal to the total of: (1 one-ha f (~) of the aggregate weekly so,ice charge then in effect for the balance of the term of this agreement and (2) the loss charge for any merchandise not returned to Un tog, together with all costs, including reasonable attorney fees, incurred by Un[tog in enforcing its rights hereunder. 12. If Unitog's usua~ operations are nterrupted, or if its service herein provided for is delayed or postponed by acts of God, strikes or other industrial disturbances, or other causes not within the control of Unitog, Unitog will not invoice cleanin charges during such period and shell notf be. answerab, e or liable, in damages, for any. postponement or delay end the. Customer sha not be re'eased.from its obligat'ons hereunder. ~ Un~tog s o.r Customer.s usual operations are interrupted for any of the fore o ng reasons, then the term of this agreement shall be sue ended for such per~od as the interruption, delay or postponement continues and ~s~all restart upon resumption of the so,ice herein ~rovi~d for. 13. Merchandise [e~ted hereunder will not provide adequate protection if used in welding or other occupations where ex osure to sparks ~Je~e or o~her.~gn}tlon sources occurs. Customer ~as examined samples of the memhand se and it is Customer's respons b ~ty to determin~ If tne mercnanalse Is ~ompatible with the Customer s needs. Unitog g vas no mp led warranty of fitnes~ for a pa~icular pu~ose. 14. This agreement,.with its attached order form(s), is entire and includes all the understandings of both'pa~ies. NO amendment of ~his Con- tract is effective unless in writing and signed by both pa~ies. If any provision hereof is found by a cou~ to be invalid, the remaining provisions shall remain in fuji force and effect. This agreement is binding on the heirs, administrators, ex~utors, successors, assigns and other pe~onal representatives of the respective pa~Jes hereto. ORDER SUBJECTTO ACCEPTANCE FOR UNITOG: [~A// ~ By Date P[i~t~ ~ame Title Title ' / a~00-8~ OFFICE Addendum 1. If the Colony City Council does not allocate funds for a uniform rental program this contract shall expire at the end of the then current fiscal year, subject to the below garment buy back schedule. 9/31/86 $13.50 per suit 9/31/87 7.00 per suit 9/31/88 5.00 per suit 9/31/89 5.00 per suit 2. Any repetitive performance deficiencies that materially affect the substance and intent of the Rental Agreement will be reported to Unitog in writting. If Unitog does not correct the problems within~30, days of notice, The Colony Public Works will have the option of cancelling the Rental Agre.~ment with 30 days written notice.~" ~__ ~ Lee Fullerton ~.nice ~Ca General Manager ~ity Manager Unitog Rental Services The Colony Public Works