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83-057 RES COP DID ADVERTISE FOR BIDS FOR FURNISHING AND DELIVERY OF UNIFORMS FOR APPROX 90 CITY EMPLOYEESRESOLUTION N0. 83-057 WHEREAS, the City of Paris, did advertise for bids for the furnishing and delivery of uniforms for approximately 90 city employees, which bids were received until lO:UU o'clock A.M., Monday, August 8, 1983; and, WHEREAS, the best bid tor such furnishing and delivery ot uniforms was made by Aratex Industrial Uniform and Towel Co, and they should be awarded the bid for such uniforms and service; and, WHEREAS, the torm of contract for such uniforms and service is attached hereto as Exhibit A, and such form should be approved; NOW, '1'riEREFORE, BE IT RESULVED BY THE CITY COUNCIL UF THE CITY OF PARIS, that the Bid of Aratex Industrial Uniform & Towel Co. in the amount shown on Exhibit B attached hereto and incor- porated herein, is hereby accepted and let; and, BE IT FURTHEK RESOLVED, that the Mayor of the City of Paris, Joe Uraham, be, and is hereby authorized and directed to execute, on behalf of the City of Paris, the contract for furnishing and delivery of uniforms for city employees and servicing the same, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Aratex lndustrial Uniform & Towel Co.. Passed and adopted this 29th day of August, 1983. J e Graham, ayor ATTEST: A _44 0 A..Z - . : U eene, City er APPROVED ARM: aK , y Attorney sArvices EXHIBIT A , AR~TEX SERVICES, Inc. . _ . _ ~ - - i ~ ~ - ~ location # .(„Company") agrees to supply and t h e undersigned Customer("Customer') agrees to rent garments and/or other items ("Merchandise") and accept related services from Company, in accordance with the following terms, conditions and schedule of charges: Changes Charge Garment No. of Employees Garment (per week) (per employeeiweekj Charaes UNLESS SPECIFIED OTHERWISE THE GARMENTS SUPPLIEG UNDER THIS AGREEMENT ARE NOT FLAMF RETARDANT OR ACID RESISTANT AND CONTAIN NO SPECIAL FLAME RETARDANT OR ACID RESISTANTFEATURES. THEYARE NOTDESIGNED FOR USE IN AREAS OF FLAMMABILITY RISK OR WHERE CONTACT WITH HAZAR DOUS MATERIALS IS POSSIBLE. FLAME RETARDANT AND ACID RESISTANT GARMENTS ARE AVAILABLE FROM COMPANY ON RE QUEST. CUSTOMEFt WARRANTS THAT NONE OF THE CMPLOYEES FOR WHOM GARMENTS ARE SUPPLIED PURSUAPJTTO THISAGREE MENTREQUIRE FLAME RETARDANTORACID RESISTANTCLOTHING 1. Company will furnish Customer with Merchandise as described, freshly processed, mended and finished in accordance with yenerally accepted standards of ;he textile rental industry. Company will replace Merchandise wom out through normal wear and tear which can no longer be rendered adequately serviceable. 2. Ail Merchandise supplied to Customer under this Agreement is the property of Company and shall be promptly retumed on demand. Custo mer agrees to be responsible for Merohandise lost or damaged except through normal wear and tear. Lossidamage charges for garments shall be at Company's current retail price. Loss/damage charges for other items supplied are specrfied above Customer is responsible for the yarment and service charges appllcabie to each employee without regarG to the absence of employee for any reason other than termination of employ ment. 3. The term of this Agreement shall be for one hundred fifty-six (1561 consecutive weeks from the date Merchanciise is first installed on Customers premises, and shall Ge renewed for successive fifty-two (52) consecutive week periods unless either party gives the other written notfce of termination at least thirty (30) days before the end of the then current contract term. Subject to availability of specially ordered Mer chandise, installation shali occur no more than forty-five (45) days from tne date of this Agreement. 4. All rental service and preparation charges (indudiny name, emblem, and lettering charges) are due and payable in cash on delivery o' Merchandise; except that if Customers credit is approved by Company. payment is due withir ten (10) days of the date of each statement rendered by Company. Any statement or charge not paid when due is subject to a late payment charge of 11,o per month on any unpaid balance, but in no event in excess of the highest ra1P permitted by law_ 5. The terms of this Agreement shall apply to all increases or additions ir Merchandise and related services, as reflected in Cnmpany's supplemen tal order forms. Customer agrees that the p!ices set forth in this Agree- ment for Merchandise and related services may be increased due to increased labor, energy or material costs on thirty (30) days writ;en notice from Company. 6. The Merchandise and related services describec above shali not be reduced, except that Customer may reduce the garments and services related thereto in the event an employee is no longer employed by Customerand is not replaced by another employee, subject to Customers obliyation to notify Company of the employee's termination and the return of the garments issued to the employee. With respect to the categories o! Merchandise and service covered by this Agreement, Customer acknow ledges that Company's Merchai-idise and service are not interchangeable with that of other textile rental and maintenance c,ompanies and to ;3void intermixing of Merchandise and service agrees that during the tenn oi this Agreement and any renewals, as to the categories of Merchandise and service covered by this Agreement, Customer will use only Companys Merchandise and service, and wili have Company's Merchandise(indu(i ing garments) processed only by Company. This restriction does not apply to categories of Merchandise not contracted for under this 4grPement. 7. Customer expressly waives the right ?o terminate this Agreement during the initial term or any extension thereef for deficiencies in service and/or quality ot Merchandlse uniess: (1) complaints are first made T'•r ~ f~ ' r.a Customer Name -"/L Customer Address ❑ Corporation ❑ Partnership ❑ individuai i iile Customer Signature (PRINT AND 51GN NAME) promptly in writing to C;ompany, statiny the precise nature of any com- plaints; (2) Company is afforded at least thirty (30) days to correct or take reasonable steps to correct :~ny deficiency complained of, and (3) Com- pany fails to correci or take reasonable steps to correct those deficiencies ccmplained ot within thirty (30) days. In the event Company attempts to correct tt-~e de!iciencies, and customer believes such corrections are inadequate, Customershail give Companywritten explanatiorr of the basis for the claim of inadequate correction. 8- in the event ihat Customer cancels, breaches or otherwise termi- nates this Ayreement, or any ex?ensions hereof, prior to the end of the term, without limiting Coinpany's remedies, Customer agrees to buy from Company at Companys option, all the garments then in service at Gompany's tllen current retail price, less an amount equal to two end ume-half percent (25°0) of su-,h price multiplied by the number of conipl~te monfhsthisA.greemeno hasthenbeen ineffect, butinnoevent shall the pnce payable be less than !wenty five percent (25°/0) of the i:UirE;lt rEfHil UnCP. Of the ifPmiSi 9 CompanY and CustomPr h,~reby waive a!r claims against each other tor damayes ansing trom interruption or postponement of service caused by reason of acts of Gcd, strikes, lockouts, or oiher industrial disturbances, wars.riots,arrests,explosions,fire accidents or any other cause not within the sole conlrol ot the cwstorner orCompany. In such event, Customer m:ry continue to use ihe Merchandise without Company's laundering and mamtenance service and Gurnpanys charges shall be at the rate of twenty-five percent i250,] otihe amount ordlnarilydue underthiscontraCt, excepf loss!damaye charges shall remain unchanged. Upon discon tinuance of the ceuse(s) o; intcrruption or postponement Uf serviCe, Company shall resume normal service and the ihen current term ef this Ayreement shall be extended by a Geriod equai to the period of the interruption or postponemen! i 0 In the event of any controversy, claim or dispute as to construction or operation of, or rights and liabilities relating to thisAgreement, each such yuestion shall be sLbmitted to and settled by arbitration to be conducted by the The American Arbitration Association and held in the state and county in which Company's faciliiy providing serviCe to CustOmer is ~~ated Gustomaragrees to reimburse Corttpany for all costs of litigation ,ind reasonabie attorney's fees which Company may incur by reason of Custorner's failure to perform under [his Agreement. 11- Gustomerrepresentsandwarrantsthat.asofthe dateofthiscuntract or the date ot installation of tJerchandise and commencement of service, Customer is not obligated to obiain Merchandise or service covered by this Ayreement from any other person or entity, and that the execution of this Agreement by Customer does not and will not constitute a breach of any existing contract to which Custumer is a party. Customer agrees to indemnify Company from and against any losses, claims, expenses, damages, or liabilities, including reasonable attomey's tees incurred by Company as a result of any misrepresentation by Customer under this SP.CtlOfl. 12 This Agreement shall be binding upon and shall inure to ?he benefit of the parties hereto, their heirs, administrators, executors, successors or assiyns, and supersedes any prior arrangement, agreement or under- standinq relating to the siibject matter of this agreement. 13. This Agreement shall be construed to be several in its nature, and as such, if for any reason any paragraph or portion of any paragraph is subsequently deterrnined to be invalid or unenforceable, or in need of rnociification by any courf or by the arbitrator for any reason, then and in tl7at event, the rest oi this Agreement shall stand and be in fuil force and etfect as modified, except insofar as the invalid porfion thereof shall be stricken. ? 4. Custorner has read ihe foregoing in its entirety and unrierstands ali of its terms and conditions, and the person signiny on behaif of Customer warrants tu Company that he has the authority and power to execute thls Agreement on behalf of Customer, and after the execution hereof Customer is bound by al( of the terms and conditions herein. Sta1e Zip 7P,1. Da?e Compf Sales Representative _ F~ Titie ~0te .r- Order Accepted By (for Company) 'See reverse side for address of planUdt:pot identified hy localion nurnber R.ate P~1in. & p e r C oss charge S Item Inventory 11; Per i`iixquency Services (per item) Der- osit , / SFECIFICATIONS S BID FORM EXHIBIT B Thc City uill furnish apprxoimately 90 City employees with 5 uniform changes per week (11 uniforms per man) haseci on thc followir.g conditions and charges. 1. Cost per man per week, uniform on hangers N/A 2. Cost per man pez week, hanger 6 plastic wrapped $5.00 3. Cost per mar. on one tiroe emblem b preparation charge (emblem to include name and City of Paris) .34~ 6on embfem, no change 6oh name pt-ate. 4. Length of contract (not to exceed 24 mos.) 5. Length of time on delivery of initial order 24 monthz 15 wonFz.("ng dayh 6. List 3 references Menico Snach Food6 (Mefcte Adam6) e. ? Ci.ty o6 Sutphutc. Spning,5 ( Ttc.av.i.s Uwens) Llahcv (Tommy Hayne,5) RECEIVED 7. Cost per shirt lost or damared 8. Cost per pant Iost or damaged $8 . 00 $8.00 9. Sample of uniforr, must be furnished with bid Yeb p►UG 8 1981 CITY MANAUi,it pARIS, TEXAS 14k# . 10. Pickup and dclivery Points :;hall he: 1. W..iter Plant, 2. Sewer Plant, 3. Wise Field, and 4. 4 points at 50 W. ilickory. Individual count shall be turned in to Public Works Off.ice each pickup day yes 11. Cost of replacins worn out shirt 12. Cost of replacing worn out pant 13. Cost to purchase jacket $23.95 14. List any charges that naybe incured that are not listed on this form. Pnepanation ehange 06 $9.00 pen c.mptoyee on att a men a e on.k. gtina kcn~-a - a kon. 15. Depts.may elect to have different colors. List the colors available Nav_y bfue pants/L~_gt1,t bXue ahitit3 vanfz bhow►i pa~1~t-S-Zian ,5hi,,z~ta Danh _c~neen pantb ~iqht qAcen 3h~nt3 . , Na v y 6 i.cn.tb 'i':.. his 'i da y of ' .._c . ~ ` = ' ---7 - - S gnature and Title of Person Submitting Bid INS'I'RUCTION TO BIDDE de,criptive mater-ial "I3jd on Uniforms _ 10:00 am, _AuE 8th of the City T'anager, - Aug_. -8 t_h_ FS: Place completed bjd envelope, together with any of jnformation, seal envelope, mark envelope outside, " City of Paris, Paris, Texas, Bid Date and cause envelqpe to be del_ivered to the office City of Paris, Paris, Texas, no later than 10:00;am no charc.qe no charLge 4