Has anyone else had to deal with the aftermath of uniform rental contracts for road & bridge crews, etc.? Specifically, disputes over whether the uniforms were returned at the end of the contract and/or destroyed through use. We had a request for bids and the vendor's bid, but no actual contract language to say when, where, or how uniforms should be returned or how to resolve a dispute over their return. Now I am being buried under "deadbeat" letters from the collection agency even though the company was told that the charges were being disputed.

Although I don't know all the particulars of your contract, it doesn't sound like the type of contract encompassed within section 262.007 of the Local Government Code (waiving governmental immunity for contract claims against counties involving construction or engineering services or goods/services in connection with furnishing such services). Unless it fits within a recognized statutory category of claims for which the Legislature has waived governmental immunity, and more specifically for immunity from suit, you may want to think about telling the uniform contractor to "start likin' it," since they can't jurisdictionally bring a claim under the contract against you. On the other hand, a clever contractor may try to couch its claim in terms of a declaratory judgment lawsuit to construe the contract's terms and duties. You'll probably be able to win that spat, since the applicable decisions are fairly clear that governmental immunity cannot be overcome by simply cloaking a damages claim in the garb of a DJA action. But it will take more time and effort, and may discourage other responsible bidders from offering to provide this service to your county in the future. It's a tough strategic decision. Perhaps it may be advisable to consider implementing a plan for employees to pay for their own uniforms through the option of direct expenditure of their own money (making the employee the direct contracting party with the provider) or a deduction from pay (for necessary implements of work).

Thumbs up for the new defense, "start liking it". This represents the best in county defense law. I intend to create a form incorporating this new defense which is more politically correct than the tough s*%& defense or the other tried and true get !?*&^# defense.
Sorry you missed most of the Wanna Wanna forum while at SPI.

Your observations are well taken, indeed, Ray. However, it must be noted that, as a Potter County defense, "start likin' it" must be asserted vigorously.