Loading...
2013-151o�rNarrcE No. 2013-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD COOPER.ATIVE PURCHASING NETWORK (CONTRACT #416-12) FOR UNIFORM PURCHASE OR RENTAL FOR CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE (FILE 4584-EMPLOYEE UNIFORM PURCHASE OR RENTAL AWARDED TO G&K SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $400,000 FOR A THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $1,200,000). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City CounciT has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER 4584 VENDOR G&K Services AMOUNT $1,200,000 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to .the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4584 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __1�L�'fL day of , 2013. MARK A�BUR�OYJGH�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: v APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: —�� 3-O - ile 4584 G&K SERVICES Our company G&K has been in business since 1902, we are the third largest uniform supplier and we currently service the United States and Canada. G&K Services was initially awarded the Buy Board bid for Uniforms & Accessories (#199- 04) in June of 2�04. As of June 1, 2013, G&K Services was awarded bid #416-12 for Uniforms & Accessories for Various Areas. G&K Services is also a member of Region 7 purchasing as well as GSA. G&K Services currently services many schools, counties, cities, colleges and other government agencies. References will be provided upon request. We look forward to doing business and service all your needs. If you have any questions or concerns, please contact me at 817-992-0149. Sincerely, �'"G�� � Delfor ohnnene Senior Sales Representative Buy Board Vendor G&K Services G&K Services 603 Airline Drive Coppell, Texas 75019 -1- www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fa.1c CGciC�f RENTAL MAIN�fENANCE PR4GRAM PRICING RENTAL PRICING INCLUDES PICK-UP, WASHING GARMENTS, CLEANING, FACILITY ITEMS, DELIVERY, REPAIRS AND UPGRADES. � .. � - . . • Uniforms Weekly price based Replacement per on 11 sets with 5 Item changes per week Men's or Women's 65/35 Industrial Shirts $1.60 $17.32 Men's or Women's 65/35 Industrial Pants $1.60 $17.32 Men`s or Women`s Executive Shirts $2.40 $19.48 Men's or Women's Executive Pants $2.40 $21.98 Men's or Womens Casual Poplin Shirts $3.10 $24.31 Women's 3/a Sleeve Length Poplin Shirts $3.10 $24.37 Men's Dickies Comfort Waist Pants $1.60 $21.23 Women's Dickies Flat Front Pants $2.50 $23.72 Men's or Women's Cargo Pants $4.30 $28.12 100% Cotton Shirts $?.35 $21.48 100%Cotton Pants $2.45 $19.48 Microcheck Shirts $2.15 $17.32 Chambray Shirts $2.45 $17.32 Standard Polo Shirts (no long sleeve> $2.85 $19.48 Two Tone Polo Shirts (no long sleeve) $2.85 $19.48 G&K Services 603 Airline Drive Coppell, Texas 75019 -2- www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax CGci«( Criss Cross Polo Shirts $2.85 $19.48 Exceed Tonal Stripe Polo Shirts $3.45 $21.65 Exceed Diamond Point Polo Shirts $3.55 $25.47 Exceed Naiihead Polo Shirts $3.55 $21.65 Exceetl T-Shirts 100% Poly $230 $17.32 Big Ben Denim Shirts $4.30 $27.06 Denim Shirts -5hort Sleeve $3.35 $19.48 Denim Shirts -Long Sleeve $335 $21.48 Security Shirts $4.65 $19.48 GK Relaxed Jeans $2.70 $19.48 GK Regular Jeans $2.80 $19.48 Wrangler 13MWZ Cowboy Cut Jeans $5.20 $29.06 lVlen's Dickies Carpenter Jeans $3.65 $28.12 Big Ben Overalls, 100% Cotton Denim $5.40 $27.02 Uniform Shorts (Year round-no seasonal price) $2.15 $1732 Men'S Dickies Cargo ShoPts (Year round-no $4.30 $27.16 seasonal price) Scrub Tops $Z•2a S17•7z Scrub Pants $2.20 $17.72 Smocks - Ladies Short Sleeve $2.15 $17.32 Smocks - Ladies Loose Fitting $2.45 $17.32 Visibility Shirts 65/35 (Charcoal $3.20 $32.06 w/Orange) G&K Services 603 Airline Drive Coppell, Texas i5019 � -�- www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax �V \\\ High Visibility Shirts 100% poly-yellow $4.75 $40.47 AN51 T-Shirts (no long sleeves) $2.30 $3.12 Indura Shirts (no short sleeves) $5.10 $47.63 Indura Pants $5.10 $47.63 Indura Jeans $5.35 $59.53 Additional Garment Items Unit Price Replacement (each) 65/35 Lined Work Jacket $0.54 $37.88 65/35 Coverall $0.94 $27.06 100% Cotton Coverall $1.08 $37.88 Indura Coverall $2.02 $107.20 Men's or Women`s Lab Coat $0.69 $19.48 INrap Around Smock $0.59 $19.48 Bib Apron $0.29 $8.66 Flame Retardent 88/12 Jacket $2.09 $139.50 G&K Services 603 Airline Drive Coppell, Texas 75019 � www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax � CC� � Rental Agreement term, 36 months. On contract anniversary date of each year, prices will be increased by 2%. � Lease Maintenance garments does not include laundry service, but it consists of repairs, upgrades, and replacements on an as needed basis. � All garments, excluding lease program, will have the steam tunnel finish with the exception of the Executive Shirts & Executive Pants, for they are pressed. � Shirts are available in long or short sleeves (unless noted); both at the same price. � � Customers can choose to have any or all garments pressed; there will be an additional cost of $0.25 per pressed garment. � There wil! be a design fee to create a direct embroidered company logo. �i Direct embroidery per garment = $6.00 � There wil! be a Buy Back charge for all garments with Direct Embroidery � There will be a Buy Back charge on Executive Shirts (defined as any shirt with a buttoned down collar), and Polo Shirts with patches or emblems, or any type of embellishments, at the current garment replacement cost. � There is a one-time Swing Suit fee, charged by the unit rental price of garment selected, and is applied on the initial order of the garment. � Each delivery location will have a$25.00 minimum stop charge. If the stop does not equal $25.00, there will be a minimum difference charged to make the total invoice equal $25.00 � No charge for waste water, prep, emblem, or nametags through the term of agreement. � There will be a 2% energy surcharge per invoice. � G&K will deliver and pick up all merchandise to and from the customer on a regular scheduled delivery day except during the holiday weeks; customer will be notified by driver of the delivery schedule. � G&Kwill clean rental items using high standards in laundering methods. � G&K will inspect, repair and deliver items to the customer on the next scheduled delivery day at no charge. G&K Services 603 Airline Drive Coppell, Texas 75019 �� www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax CC�iC« �i G&K will deliver to the customer all merchandise in a clean and useable condition on the next scheduled delivery day. � G&K will deliver replacement or additional ordered items (if it is a standard size and color as those currently serviced by the customer) by the following week. � G&K will replace worn-out items on the next regular scheduled delivery day with merchandise meeting G&K's high quality standards at no additional charge to the customer; with the exception of inerchandise being damaged or lost and for direct embroidery charges. �i G&K will review with the customer its account for services and merchandise as needed or upon request. � G&K will remain to be committed to meeting or exceeding the customer's needs, and to respond to any service issues or concerns within 48 business hours after received by a G&K representative. �i There will be an automatic replacement charge of 7% on shop towels and 2% on bar, kitchen, and glass towels. The total will be based on the circulating inventory at the replacement price of item. Your route person can inventory upon your request, and buy back any overage at the same price you paid. � 15% up charge on Oversized garments: Shirts Size 2XL to 5XL (Shirts 6XL and over will have an up charge of 35%) Sleeve length 36 & over Long tails Pants Men's waist size 44 to 58 Men's lengths 36 and above (Panrs with a waist size of 60 & over will have an up charge of 35%) Ladies size 22 to 32 (Ladies Pants from 32 and over will have an up charge of 35%) Customer Acceptance Date: � / � / � G&K Services 603 Airline Drive Coppell, Texas 75019 � Updated Apri126, 2013 www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax C�c,(C� FACILITY SERVICE PROPOSAL � .. �• . . •- � . . Mats (Assorted Colors and Sizes) Weekly Bi-Weekly Monthly Replacement 3 X 4 Standard Solid �olor Mat $7.08 $1.62 $2.16 $63.86 4 X 6 Standard Solid Color Mat $2.16 $3.24 $432 $96.34 3 X 10 Standard Solid Color Mat $2.70 $4.05 $5.40 $107.16 Logo Mats (Up to 6 colors per nnat) 3 X 5 Customized Logo Mat 4 X 6 Customized Logo Mat 3 X 10 Customized Logo Mat Anti-Fatigue Mats 2 X 3 Anti-Fatigue 3 X 5 Anti-Fatigue ICitchen Mats (Grease-Resistant flo-thru) 3 X 5 Flo-thru Scraper Mats (for outside the door for heavy soil removal) 3 X 5 Scraper G&K Services 603 Ai.rline Drive Coppell, Texas 75019 Weekly � Bi-Weekly I Monthly I Replacerreent $4.87 $7.79 $9.74 $1.91 $2.1 b $731 $11.69 $14.61 Replacement $53.04 $103.86 $1.56 $63.86 $1.56 $63.86 -7- $ 9.74 $15.58 $19.48 www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax $135.30 $27a.61 $ 324.73 G«� 4x6 Scraper $2.50 $96.34 Towels Weekly Unit Replacement Price Red Shop Towel (18" X 18") $0.074 $0.44 White Shop Towel (18" X 18") $0.098 $0.44 Blue Print Towel (18" X 18") $0.098 $0.44 Glass Towel (16" X 28') $0.129 $0.58 Hand Towel (16" X 27") $�.129 $0.58 White Bar Towel (Terry, 17" X 20") $0.153 $0.64 Swipe Towel (Herringbone, 15" X $0.129 $0.58 26") Fender Cover $0.54 $6.49 ShopTowel Can 6-gallon $1.08 $74.94 Mops Weekly Bi-Weekly Monthly Replacement Wet Mops $1.08 $1.62 $2.16 $13.54 24" Dry Mops $0.62 $0.93 $1.24 $12.98 36" Dry Mops $0.94 $1.41 $1.88 $19.48 48"DryMops $1.24 $1.86 $2.48 $25.98 60" Dry Mops $1.56 $234 $3.12 $32.47 Mop Handles N/C N/C N/� & Frames G&K Services 603 Airline Drive Coppell, Texas 75019 : www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax G<cc Microfiber Products Weekly Unit Price Replacement Microfiber Wet/Dry Mops 18" $0.75 $4.03 Microfiber Dry Looped Mops 18" $0.75 $4.58 Microfiber Wet/Dry Mops 24" $0.62 $5.65 Microfiber Dry Looped Mops 24" $0.62 $6.42 Microfiber Wet/Dry Mops48" $1.24 $10.47 Microfiber Dry Looped Mops 48" $1.24 $11.53 Microfiber Cleaning Towels $0.173 $1.20 Microfiber Glass Towels $0.224 $1.65 Microfiber High Duster Sleeve $0.88 $10.59 Microfiber High Duster Wand $0.126 $11.69 Microfiber Nigh Duster Handles & Frames No Charge $5.32 Restroom Supplies Weekly Unit Price Air Fresheners $Z•� 2 Auto Flush $3.18 *Other Restroom items available upon request Purell Space Saver Dispenser 1000m1 $3.18 Purell Touch-Free Dispenser 1000m1 $5.28 G&K Space Saver Hand Dispenser 1000m1 $2.63 G&K Touch-Free Foam Dispenser 800m1 $5.50 GOJO Pro 2000 Dispenser 2000m1 $4.16 G&K Services 603 Airline Drive Coppell, Texas 75019 � www.glcservices.com (972) 393-1764 Office (972) 956-9815 Fax ��CE SOME OF G& K'S SATISFIED CUSTOMERS THATARE AL50 BUY BOARD MEMBERS We encourage you to talk with our current customers; here are the names and phone numbers of some of our references: Crandall Independent School District Denton 9ndependent School DistricC Duncanva9le Independent School District Saginaw Iradependent School District G&K Services 603 Airline Drive Coppell, Texas 75019 -10- Alan Lovel! Maintenance and Transportation Direcror 300 Lewis St Crandall, TX 75114 972-571-0164 (Cell) KathyArrington Director of Purchasing 1213 North Locust Denton, TX 76208 940-369-0121 Richard Morgan Director of Purchasing 315 Crankshaft Drive Duncanville, Texas 75116 972-708-2272 Butch Martinez Warehouse Director 10201 Warehouse Way Saginaw, Texas 76179 817-733-9749 www.gkservices.com (972) 393-1764 Office (972) 95b-9815 Fax C��,C(f SOME OF G& K'S SATISFIED CUSTOMERS THAT ARE AL50 BUY BOARD MEMBERS We encourage you to talk with our current customers; here are the names and phone numbers of some of our references: City of Allen City of Euless City of Feisco G&K Services 603 Airline Drive Coppell, Texas 75019 -11- Debra Morris Purchasing Agent 301 Century Parkway Allen, TX 75013 214-509-4630 Mike Lowry Director of Purchasing 1100 Central Dr Euless, TX 76039 817-685-1447 Jean Stellatella Buyer 6891 Main St. Frisco, TX 75034 972-335-1695 www.gkservices.com (972) 393-1764 Office (972) 956-9815 Fax i Gil( SEIIVICES AGREEMENT FOR SUPPLY OF G&K SERVICES BUY BOARD MEMBER [. . 1/ VOOF ��� / O!� Service Agreement Number Bid # 416-12 This Agreement, including the terms helow, on the reversa, and on any attached written addenda and any added verbally as described below, all of which are incorporated by this reference, ("AgreemenY) is entered into between Customer and G&K Services ("G&K"), as of the Effective Date. Customer and Effective Date are identified below. 1. G&K Aarees With Customer. • To provide services ("Services") and merchandise ("Merchandise') listed on any attached Addenda, or added verbally or in a separate writing by Customer. . • To provide G8K Service Guarantees: o G&K will deliver all Merchandise to Customer, picked-up by G&K on a regularly scheduled delivery day, by the next scheduled delivery day; o G&K will clean all Merchandise using high standards in laundering methods; o G&K will inspect, repalr and deliver to Customer, on the next scheduled delivery day, all Merchandise needing repair that can reasonably be repaired; o G&K will deliver to Customer all Merchandise in a clean and useable condition on the next scheduled delivery day; o G&K will deliver to Customer, on the next regularly scheduled delivery day, replacement or additional uniforms ordered of a similar size and color as those in service at Customer, provided G&K receives the order on a regular delivery day; o GB�K will replace worn-out Merchandise on the next regularly scheduled delivery day with Merchandise meeting G8K's high quality standards, at no additional charge to Customer except for Merchandise damaged or lost and except for charges for preparation, nametags or emblems, and embroidery; • To issue a credit to Customar's account equal to the weekly charge for the item of Merchandise affected, to the extent G&K Service Guarantees are unmet. • To review with Customer its account for Services and Merchandise as needed or upon request. • To remain committed to meeting or exceeding Customer's needs, and to respond to any Customer service request or concern within 46 business hours after receipt by a G&K representative. If G8K materially fafls to provide Services or Merchandise required under this Agreement, Customer will deliver written details of the failure to the G&K office serving Customer, and G&K then has 60 days to correct it. The failure will be considered corrected unless within 10 days after this sixty-day period Customer delivers to the G&K facility serving Customer a second written notice showing the failure is continuing. If this Agreement then is cancelled, Customer will pay G&K all amounts then due, return all rental Items to G&K in good and usable condition, and pay the replacement value for all lost, damaged and/or unreturned rental items. 2. Customer Aarees With G&K: • Customer has no commitment to any other company for Services or Merchandise described in or othenroise covered under this Agreement, the individual signing for Customer Is authorized to enter into this Agreement on Customers behalf, and this Agreement, when signed on behalf of Customer will constitute a legal binding obligation of Customer, enforceable against Customer; • To order from G8K all its requlrements for the type of Merchandise and Services covered under this Agreement during the time this Agreement is in effect; • To pay the fees for all Merchandise and Services supplied by G&K under this Agreement, based on 52 weeks per year of service, as follows: o In cash on the regular delivery day or, if G&K has approved credit for Customer, within 10 days after the date of each invoice delivered; provided that G&K may, at a�y time, convert any account to a cash on delivery basis; o Annual increases in prices as invoiced by G&K for Merchandise and Services at the rate of 2% annually on the anniversary date of the Agreement o All charges shown on G&K invoices for additional items, such as additional orders for Merchandise and Service, charges for any embroidery, seasonal changeovers, exchanges, outsizes, automatic replacement, Image Guard progrem, special services programs, replacement values for Merchandise lost or damaged (ordinary wear and tear excepted) while in possession of Customer. o At any time while this Agreement is in effect, a minimum of 75% of the average weekly fees invoiced by G&K to Customer during (a) the first 8 week period under this Agreement, or (b) any lesser period from commencement of this Agreement if Customer has not yet had 8 weeks of weekly invoices; and o G&K's then current replacement values for all embroidered or permanently embeliished, non-standard and/or unreturned Merchandise provided to Customer by G&K under this Agreement at the time this Agreement expires or is terminated for any reason. • To notify G&K in advance of service of anything that may pose a health or environmental hazard, as for example Merchandise containing lead or blood borne pathogens, except as approved in advance by G&K in writing; . Customer agrees to defend, Indemnify, and hold harmless G&K, its directors, officers, agents and employees from and against any and all claims, demands, losses, and expenses, including attorney fees, arising out of suits, clalms and demands by reasvn of injury or death of any person(s) or damages to any property which directly arises out of the negligent act or omission of Customer, to the extent permitted by law and without waiving any applicable immunity rights. G&K agrees to defend, indemnify, and hold harmless Customer its directors, o�cers, agents, and employees from and against any and all claims, demands, losses, and expenses, including attorney fees, arising out of suits, claims and demands by reason of injury or death of any person(s) or damage to any property which directly arises out of the negligent act or omission of GB�K; and 3. Term: Renewal: Earlv Termination. • This Agreement takes effect as of fhe Effective Date and continues for the term of 36 months ("Initial Term") from the later of (a) the Effective Date or (b) the date G&K first delivers Merchandise to Customer, and. then renews automatically and continuously for successive periods of 12 months each ("Renewal Term"), unless either party gives the other party written notice of non-renewal at least 90 days, but no more than 180 days, prior to expiration of the Initial Term or 30 days during any Renewal Term. Notwithstanding the foregoing, this Ag[eement is subject to the non-appropriations clause, and may be terminated at any 12-month increment of the Initial Term if funding for the upcoming year is not available and prompt written notice of the same is provided to GBK. TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT, AND IN ANY ATTACHED AO�ENDA, ARE A PART OF THIS AGREEMENT. THIS AGREEMENT IS NOT BINDING ON G8K UNTIL SIGNED 8Y G&K MANAGEMENT BELOW. Customer Name (.. / � Y � �` � �� ��� Address T E � F��� Accepted By Name and Title (printed) � ��G � _ '("� / _ � . ��%�/",��L� �T7 %�l r%�7U�i G8K SERVICES Sales Signalure Printed Name and Tilla.l.� E � Managemen[ Signature Pdnted Name and Title Effective Date (.+' � 20 f3 Route , Day Customer Number: APPRaVED AS TO FORM: CITY ATTORNEY Enhancinglmage 8 Safety throug/r Innovatlon CI'i'Y QF DEt�l`QN, TEXAS �Y: /' '��i� A. EARLY TERMINATION. Customer may tertninate this Agreement for his own convenience at any time, provided that Customer must give written notice to G&K at least 90 days, but no more than 180 days, prior to the effective date of termina8on stated by Customer in the notice, complies with the requirements of Paragraph E below, and pays an Early Termination Fee. The Early Terminatlon Fee is intended to provide to G&K a return on its investment in Customers image program and shall be calculated, as follows: multiply the number of weeks remaining in tha Initial Term or Renewal Term, as the case may be, following the date of termination by either (a) an amount equal to 50% of the average weekly amounts invoiced by GBJC to Customer during the 8 weeks preceding the date of Customers notice of termination, or (b) If Customer terminates this Agreement before Customer has 8 weeks of average weekly invoices, by an amount equal to 50% of average weekly Invoices for any lesser period of time. In the event Customer fails in any of its commitments under this Agreement, GB�K may suspend its performance or terminate this Agreement within 30 days after the date G8K provides notice to Customer of the failure, in which case Customer will meet each of the conditions described in this paragraph, including paying G&K the Early Termination Fee. B. CUSTOMER ACKNOWLEDGE5 THAT G&K HAS INVESTED IN MERCHANDISE AND PERSONNEL IN RELIANCE ON THIS AGREEMENT, THAT G&K IS ENTITLED TO A RETURN ON THIS INVESTMENT, AND THAT THE PAYMENT OF FEES AND CHARGES, INCLUDING THE EARLY TERMINATION FEE, REPRESENT THIS RETURN ON INVESTMENT OVER THE TERM OF THIS AGREEMENT. C. All rental Merchandise supplied to Customer under this Agreement remains the property solely of G&K. D. G&K MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED T0, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MERCHANDISE aR THE SERVICES SUPPLIED UNDER THIS AGREEMENT OTHER THAN THOSE SPECIFICALLY DESCRIBED IN THIS AGREEMENT. CUSTOMER ACCEPTS SOLE RESPONSIBILITY FOR SELECTING THE TYPE AND AMOUNT OF MERCHANDISE APPROPRIATE FOR CUSTOMER AND ACKNOWLEDGES THE MERCHANDISE SUPPLIED UNDER THIS AGREEMENT IS SUPPLIED FOR GENERAL PURPOSES, UNLESS SPECIFICALLY IDENTIFIED AS "FIRE RETARDANT", "FLAME RESISTANT" OR FOR OTHER SPEICAL PURPOSE. G&K MAY NOT 8E THE MANUFACUTRER OF.THE MERCHANDISE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONVENANT, EXPRESS OR IMPLIED, REGARDING THE QUALITY, SAFETY OR SUITABILITY OF THIS MERCHANDISE FOR USE BY CUSTOMER. E. As of the effective date of any termination, expiration or cancellation of this Agreement for any reason, Customer will retum to G&K all Merchandise in good and usable condition or pay GB�K's replacsment value for any Merchandise not returned or that is returned in damaged condition, will purchase at G&K's then replacement value all embroidered, permanantly embellished, non-standard or special order Merchandise, and wlll pay to G&K all amounts owed to that date under this Agreement, including, without Iimitation, all accounts receivable, replacement value for all lost or damaged Merchandise, plus, if applicable, the Early Termination Fee. F. Any claim or dispute between the parties, arising from, or relating to, this Agreement will be governed by Minnesota law, without regard to its conflicts of law provisions. Any claim or dispute must be resolved only as provided in this Section. Prior to filing any legal proceeding in any court, the partles will first attempt in good faith to promptly resolve the claim or dispute, including by negoiiation at agreed time(s) and location(s). All negotiations are confidential and will be treated as settlement negotiations. If the parties are unable to resolve the dispute through negotiation, then G&K may elect to require a mediation ot the dispute through a neutral party under rules of an esta6lished mediation center. Each provision of this paragraph is enforceable by any court having jurisdiction over the parties, and either party may seek injunctive relief for this purpose. Customer will reimburse GS�K for all costs, including attorneys' fees, incurred by G&K to enforce the commitments of Customer under this Agreement and this paragraph. G. Any interruption of G&K's usual operations, or delay or termination of service provided in this Agreement, by reason of acts of God, fires, explosions, strikes, or other industrial disturbances, or any cause beyond the reasonable control of G&K, will not be considered a failure or a liability under this Agreement. H. THE REMEDIES FOR CUSTOMER DESCRIBED IN THIS AGREEMENT ARE THE SOLE REMEDIES FOR G&K'S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND, IN ANY EVENT, G&K'S LIABILITY FOR BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE PRICE OF FEE PAID FOR AN ITEM OF MERCHANDISE THAT FAILS TO COMPLY WITH G&K'S GUARANTEE. G$K IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST WAGES, REVENUE, PROFIT, OPPORTUNITY, DATA aR LOSS OF USE), EXEMPLARY OR PUNITIVE DAMAGES. I. If any provislon of this Agreement is determined by a court of competent jurisdiction to be invalid, the remaining terms and conditions will remain in full force and effect. This Agreemeht constitutes the entire agreement and supersedes all prior oral or written agreements between the parties regarding the matters covered by this Agreement. No waivers or statements made by any representative of G&K will be valid unless included in writing in this Agreement. No amendments to this Agreement will be binding unless in writing signed by representatives of both parties having the apparent authority to do so or as otherwise indicated in this Agreement. J. All notices permitted or required under this Agreement must be in writing and transmitted by personai delivery, a nationally recognized overnight courier service, certified or registered mail, retumed receipt requesfed, or facsimile (with confirmation). Notices shall be sent to the addresses specified on the first page of this Agreement or to such other address as either party may specify in writing. Page 3 `� Bid No. 340-10 � Rental Agreement term, 36 months. On the anniversary date of the Agreement, prices will be increased by 2%. � All garments, excluding lease program, will have the steam tunnel finish, with the exception of the Executive Shirts & Executive Pants, for they are pressed. � Shirts are available in long or short sleeves (unless noted), both at the same price. � Customers can choose to have any or all garments pressed. There will be an additional cost of $0.25 per pressed garment. � There will be a design fee to create a Direct Embroidery logo. � Direct embroidery applied per garment =$6.00 � There will be a Buy Back charge for all garments with Direct Embroidery, and on Executive Shirts (defined as any shirt with a buttoned down collar) & Polo Knit Shirts with any type of embellishments at the current garment replacement cost. � Minimum Stop $25.00 � Energy Surcharge 2% of invoice total. � No charge for Waste Water, Prep, Emblems, or Nametags. � There is a one-time Swing Suit fee, charged by the unit rental price of garment selected, and is applied on the initial order of the garment. � There will be an automatic replacement charge of 7% on shop towels and 2% on bar, kitchen, and glass towels. The total will be based on the circulating inventory at the replacement price of item. �i 15% up charge on Oversized garments: Shirts Size 2XL to 5XL (Shirts 6XL and over will have an up charge of 35%) Sleeve length 36 & over Long tails Pants Men's waist size 44 to 58 (Pants with a waist size of 60 & over will have an up charge of 35%) Men's lengths 36 and above Ladies size 22 to 32 (Ladies Pants from 32 and over will have p ch f 35%) , Cusi-omer Acceptance Signature: " Date: �_ (� �j Q��i3