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12/20/1988 Agreement Dann!, I.. }{olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 MEMORANDUM ---------- To: C. Dent Pierce, Assistant County Administrator/Public Works From: Rosalie L. Connolly, Deputy Clerk Subject: Resolution No. 694-1988 Date: December 28, 1988 As you are aware, on December 20, 1988, the Board of County Commissioners adopted Resolution No. 694-1988 authorizing the Mayor/Chairman of the Board to execute a Rental Agreement with ARA/Neway Uniform Supply, Inc. pertaining to uniforms for employees of the Public Works Division and the Municipal Service District. Attached are two original copies of the Agreement and two certified copies of the Resolution, all of which have now executed and sealed on behalf of the County. It is our understanding that you will deliver one set of these docu- ments to ARA/Neway. The other set should be retained for your own records. Rosalie L. onnolly Deputy Clerk Attachments cc: Mayor M. Puto Commissioner E. Lytton County Attorney R. Ludacer County Administrator T. Brown Finance Director J. Matthews File GARMENT RENTAL AGREEMENT This Agreement made this ~tJfA... day of .:DeCBIII be r- 1988, between ARA/Neway Uniform Supply, Inc., a corporation organized under the laws of the State of Florida, having its principal office at 160 Ali Baba Avenue, Opa Locka, Florida 33054, hereinafter "Company," and Monroe County, a political subdivision of the State of Florida, with principal administra- tive offices at the Public Service Building, Junior College Road, Stock Island, Key West, Florida 33040, hereinafter "County." RECITALS 1. The County, inter alia, employs maintenance and con- struction personnel who need a regular supply of clean uniforms. 2. The Company is in the business of supplying clean uniforms. WIT N E SSE T H: For the reasons set forth above, and in consideration of the promises of the parties, and other good and valuable consid- eration, receipt of which is acknowledged, the parties agree as follows: 1. The Company shall supply the County with the following garments: 11 new clean shirts and 11 new clean pairs of pants for each employee enumerated on the lists supplied by the County's Departments of Public Works, and Municipal Services District. The lists shall be periodically updated but in no event more often than bi-weekly. The color of the garments shall be tan shirts and dark brown pants. The garments supplied shall be in the sizes enumerated on the employee lists provided to the Company. The garments supplied shall also be either 100% cotton or a 65/35% cotton/polyester blend and, if a blend, the shirts shall be either a regular tailor a jacs style and all in the quantities specified in the employee lists supplied to the Company. If requested in the employee lists provided, the shirts supplied by the Company shall have the County's emblem sewn above the left pocket and the employee's name sewn above the right pocket. 2. The clean garments described in paragraph one shall be supplied by the Company on a weekly basis by delivery to the following locations: Public Service Garage, South Roosevelt Boulevard, Monroe County Courthouse, Key West, Pub lic Service Building, Marathon, Public Service Building, Plantation Key, and Card Sound Bridge Tollgate, Florida. Upon delivery, a County employee shall, in the presence of a Company employee, count the number and types of garments delivered, and shall provide the Company with a receipt stating the number and types of garments delivered which receipt shall be acknowledged by the signature of the Company employee present as to accuracy and receipt. At the same time, and at the same locations, the Company shall collect and count, in the presence of a County employee, all the garments previously supplied, which have become soiled, for laundering and subsequent redelivery, and shall provide the County with a receipt both as to the numbers and types of garments collected which receipt shall be acknowledged by the signature of the County employee present as to accuracy and receipt. 3. All the garments shall be, and at all times remain, the property of the Company. 4. Worn out or damaged garments shall be replaced by the Company on an as needed basis. 5. If the receipt system of paragraph 2 shows that the number of garments supplied any of the departments listed in paragraph 1, in any given week, is in an insufficient amount according to the number of employees or types of garments enu- merated on the department's list, then the County, through the 2 appropriate department head or director, shall promptly notify the COD~any, by certified mail, of the shortfall and the Company shall thereafter have three weeks from the date of its receipt of the notice to correct the shortfall. 6. The County shall pay the Company $4.50 per employee per week for the 65/35% cotton/polyester garments supplied and $6.50 per employee per week for 100% cotton garments supplied. In addition, a $20 one time installation charge shall be made for all employees whose names are not on the initial employee list(s) supplied to the Company under this agreement. 7. The Company shall send, to the County's address first listed above, on a monthly basis, an invoice to each County departm,ent enumerated in paragraph one of this agreement, whose employees have been supplied with garments by the Company, the amount due and owing for the previous month. Payment shall be rendered by the County to the Company, at the Company's address listed above, within 30 days of the County department's receipt of the invoice. 8. This agreement shall continue for a period of one year from the day and year first entered above. 9. This agreement may not be assigned or subcontracted by the Company without the written consent of the County. 10. This agreement may not be modified except in a writing signed by both parties. 11. No waiver by the County of any breach by the Company of any of the terms of this agreement shall constitute a waiver of any subsequent breach of the terms thereof, and failure of the County to exercise any right under this agreement shall not be construed as a waiver of the future exercise of such right. 12. The Company shall pay all costs, including reasonable attorney's fees, incurred by the County in enforcing the terms of this agreement. 13. The Company warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee and that no member of the County has any interest, 3 financially or otherwise, in the Company. For breach or vio- lation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from any amounts due the Company under this agreement, the full amount of such commission, percentage, brokerage or contingent fee. 14. The Company agrees that it will not discriminate against any of their employees or applicants for employment because of their race, color, religion, sex or national origin, and tC) abide by all Federal and State laws regarding non-discrimination. 15. This agreement shall be governed by the laws of the State of Florida. 16. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF, the parties have executed this agreement at Key West, Florida, the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (SEAL) Attest: DANNX L. KOLHAGE, Clerk ARAjNEWAY UNIFORM SUPPLY By Its 4 APPROVEDM 70~ AND LEGAL SUFFICEItL". BY /~::~~~;8 ~{.;~j.. /'l!:1f1:- ~:/.- STATE OF FLORIDA COUNTY OF MONROE BEFORE ME personally appeared ANTHONY W. ACCURSO to me well known and known to me to be the individual described in and who executed the foregoing instrument as District ~Ianager of the above named ARA/NEWAY UNIFORM SUPPLY, INC., a Corporation, and severally acknowledged to and before me that he executed such instrument as such Manager of said Corporation, and that said instrum.ent is the free act and deed of said Corporation. WITNESS my hand and official seal, this 9th day of December, A.D. 1988. \""~-~--c:?~LA'::""1;<).'-.A"\:- <,../'~\<--<-- Notary Prl lie State of Florida at Large (Seal) My Commission Expires: 5