HomeMy WebLinkAboutContract 62652CSC No. 62652
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between ServiceWear
Apparel, Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home -rule municipality,
individually referred to as a "party" and collectively as the "parties".
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Seller's Quote;
3. Exhibit B — Cooperative Agency Contract OMNIA R210102; and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. If any provisions of the attached exhibits conflict with the terms herein, are prohibited
by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this
Agreement shall control.
City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed
one hundred thousand dollars ($100,000.00) annually. Vendor shall not provide any additional items
or services or bill for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on May 24, 2025, with one (1) one-year renewal option.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives or (2) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
To VENDOR:
City of Fort Worth ServiceWear Apparel, Inc.
Attn: Jesica McEachern, Assistant City Manager, Attn: Jim Burnett, Chief Development Officer
100 Fort Worth Trail 7135 Charlotte Pike, Suite 100
Fort Worth, TX 76102 Nashville, TN 37209
(615)301-6191
With copy to Fort Worth City Attorney's Office at the
same address Email: iburnettaservicewearannarel.com
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the
Agreement requires that City maintain records in violation of the Act, City hereby objects to such
provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.
In the event there is a request for information marked Confidential or Proprietary, City shall promptly
notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of
the Attorney General of the State of Texas or by a court of competent jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of
law provisions. Venue for any suit brought under the Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement
requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted
and shall have no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has
the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the Vendor that
it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of
this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification from
the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's
signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
(signature page follows)
(remainder of this page intentionally left blank)
The undersigned represents and warrants that he or she has the power and authority to execute
this Agreement and bind the respective party.
CITY OF FORT WORTH:
By: C�4�
Name: Jesica McEachem
Title: Assistant City Manager
Date: 01 /17/2025
APPROVAL RECOMMENDED:
By: )00? )9
Name: Dave Lewis
Title: Deputy Park & Recreation Director
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poet�y9�°c
ore =v
By: °oo o, *�A
Name: Jannette Goodall aan�grezas44
Title: City Secretary
VENDOR:
ServiceWear Apparel, Inc.
Tim Burnett
By: Jim Burnett (Jan 13, 2025 10:42 MST)
Name: Jim Burnett
Title: Chief Development Officer
Date: 01 /13/2025
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By. v(
Name: Clinton Wyatt
Title: District Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jessika J. Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Date Approved: N/A
1295 Form: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A - Seller's Quote
ServiceWear
a p p a r e l
OMNIA Partners
Region 4 ESC - TX
Contract #R210102
City of Fort Worth
Recreation Dept
12/30/24
'Prices are discounted by 42.5% off of Retail List and are effective until 03-31-25 This section to be completed by Service Wear Apparel.
Park &
Quote
Short Sleeve Shirts
■ 1
Red Kap
TSM2AC
$
45.47
42.5%
$
26.15
$
6.50
1
EL946N
$
32.65 Men's Cooling Short Sleeve Work Shirt - Arctic
Red Kap
TSM2CN
$
45.47
42.5%
$
26.15
$
6.50
1
EL946N
$
32.65 Men's Cooling Short Sleeve Work Shirt - Carbon
Red Kap
TSM2GV
$
45.47
42.5%
$
26.15
$
6.50
1
EL947N
$
32.65 Men's Cooling Short Sleeve Work Shirt - Gravel
Red Kap
TKM2AC
$
29.16
42.5%
$
16.77
$
6.50
1
EL946N
$
23.27 Men's Cooling Short Sleeve Pocket Tee - Arctic
Red Kap
TKM2CN
$
29.16
42.5%
$
26.15
$
6.50
1
EL946N
$
32.65 Men's Cooling Short Sleeve Pocket Tee - Carbon
Red Kap
TKM2GV
$
29.16
42.5%
$
26.15
$
6.50
1
EL947N
$
32.65 Men's Cooling Short Sleeve Pocket Tee - Gravel
Red Kap
SX20NV
$
39.46
42.5%
$
22.69
$
6.50
1
EL946N
$
29.19 Men's Short Sleeve Mimix'" Work Shirt - Navy
Red Kap
SX20CH
$
39.46
42.5%
$
22.69
$
6.50
1
EL946N
$
29.19 Men's Short Sleeve Mimix- Work Shirt - Charcoal
Red Kap
SX20GY
$
39.46
42.5%
$
22.69
$
6.50
1
EL947N
$
29.19 Men's Short Sleeve Mimix'" Work Shirt - Grey
Dickies
LS94MD
$
63.40
42.5%
$
36.46
$
6.50
1
EL946N
$
42.96 Men's Tactical Short Sleeve Shirt - Midnight Navy
Red Kap
TSWIAC
$
45.47
42.5%
$
26.15
$
6.50
1
EL946N
$
32.65 Women's Cooling Short Sleeve Work Shirt - Arctic
Red Kap
TSWIGV
$
45.47
42.5%
$
26.15
$
6.50
1
EL946N
$
32.65 Women's Cooling Short Sleeve Work Shirt - Gravel
Red Kap
TKWIAC
$
29.16
42.5%
$
16.77
$
6.50
1
EL946N
$
23.27 Women's Cooling Short Sleeve Tee - Arctic
Red Kap
TKWIGV
$
29.16
42.5%
$
16.77
$
6.50
1
EL946N
$
23.27 Women's Cooling Short Sleeve Tee - Gravel
Red Kap
SX21NV
$
39.46
42.5%
$
22.69
$
6.50
1
EL946N
$
29.19 Women's Short Sleeve Mimix'" Work Shirt - Navy
Red Kap
SX21CH
$
39.46
42.5%
$
22.69
$
6.50
1
EL946N
$
29.19 Women's Short Sleeve Mimix'" Work Shirt - Charcoal
Red Kap
SX21GY
$
39.46
42.5%
$
22.69
$
6.50
1
EL947N
$
29.19 Women's Short Sleeve Mimix'" Work Shirt - Grey
Dickies
FS94MD
$
64.28
42.5%
$
36.96
$
6.50
1
EL946N
$
43.46 Women's Tactical Short Sleeve Shirt - Midnight Navy
Dickies
2574DN
$
37.77
42.5%
$
21.72
$
6.50
1
EL946N
$
28.22 Short Sleeve Work Shirt - Dark Navy
Dickies
2574CH
$
37.77
42.5%
$
21.72
$
6.50
1
EL946N
$
28.22 Short Sleeve Work Shirt - Charcoal
Dickies
2574SV
$
37.77
42.5%
$
21.72
$
6.50
1
EL947N
$
28.22 Short Sleeve Work Shirt - Silver Grey
Red Kap
SK2SNV
$
22.22
42.5%
$
12.78
$
6.50
1
EL946N
$
19.28 Short -Sleeve Pocket Performance Core Tee - Navy
Red Kap
SK2SRB
$
22.22
42.5%
$
12.78
$
6.50
1
EL946N
$
19.28 Short -Sleeve Pocket Performance Core Tee - Royal Blue
Red Kap
SK2SGY
$
22.22
42.5%
$
12.78
$
6.50
1
EL947N
$
19.28 Short -Sleeve Pocket Performance Core Tee - Heather Grey
Red Kap
SK4SNV
$
20.94
42.5%
$
12.05
$
6.50
1
EL946N
$
18.55 Short -Sleeve Performance Core Tee - Navy
Red Kap
SK4SRB
$
20.94
42.5%
$
12.05
$
6.50
1
EL946N
$
18.55 Short -Sleeve Performance Core Tee - Royal Blue
Red Kap
SK4SGY
$
20.94
42.5%
$
12.05
$
6.50
1
EL947N
$
18.55 Short -Sleeve Performance Core Tee - Heather Grey
FLong
Sleeve Shirts
Red Kap
TSM4AC
$
50.91
42.5%
$
29.28
$
6.50
1
EL946N
$
35.78 Men's Cooling Long Sleeve Work Shirt -Arctic
Red Kap
TSM4CN
$
50.91
42.5%
$
29.28
$
6.50
1
EL946N
$
35.78 Men's Cooling Long Sleeve Work Shirt - Carbon
Red Kap
TSM4GV
$
50.91
42.5%
$
29.28
$
6.50
1
EL947N
$
35.78 Men's Cooling Long Sleeve Work Shirt - Gravel
Dickies
WL50DN
$
24.22
42.5%
$
13.93
$
6.50
1
EL946N
$
20.43 Long Sleeve Heavyweight Crew Neck T-Shirt - Dark Navy
Dickies
WL50CH
$
24.22
42.5%
$
13.93
$
6.50
1
EL946N
$
20.43 Long Sleeve Heavyweight Crew Neck T-Shirt - Charcoal
Dickies
WL50HG
$
24.22
42.5%
$
13.93
$
6.50
1
EL947N
$
20.43 Long Sleeve Heavyweight Crew Neck T-Shirt - Heather Gray
Red Kap
SX10NV
$
43.74
42.5%
$
25.15
$
6.50
1
EL946N
$
31.65 Men's Long Sleeve Mimix'" Work Shirt - Navy
Red Kap
SX10CH
$
43.74
42.5%
$
25.15
$
6.50
1
EL946N
$
31.65 Men's Long Sleeve Mimix'" Work Shirt - Charcoal
Red Kap
SX10GY
$
43.74
42.5%
$
25.15
$
6.50
1
EL947N
$
31.65 Men's Long Sleeve MimiX'"' Work Shirt- Grey
Dickies
LL94MD
$
69.87
42.5%
$
40.18
$
6.50
1
EL946N
$
46.68 Men's Tactical Long Sleeve Shirt- Midnight Navy
Red Kap
TSW3AC
$
50.91
42.5%
$
29.28
$
6.50
1
EL946N
$
35.78 Women's Cooling Long Sleeve Work Shirt - Arctic
Red Kap
TSW3GV
$
50.91
42.5%
$
29.28
$
6.50
1
EL946N
$
35.78 Women's Cooling Long Sleeve Work Shirt - Gravel
Red Kap
SXIINV
$
43.74
42.5%
$
25.15
$
6.50
1
EL946N
$
31.65 Women's Long Sleeve Mimix'"' Work Shirt - Navy
Red Kap
SX11CH
$
43.74
42.5%
$
25.15
$
6.50
1
EL946N
$
31.65 Women's Long Sleeve Mimix'" Work Shirt - Charcoal
Red Kap
SX11GY
$
43.74
42.5%
$
25.15
$
6.50
1
EL947N
$
31.65 Women's Long Sleeve Mimix'"' Work Shirt - Grey
Dickies
FL94MD
$
69.56
42.5%
$
40.00
$
6.50
1
EL946N
$
46.50 Women's Tactical Long Sleeve Shirt - Midnight Navy
Dickies
5574DN
$
40.41
42.5%
$
23.24
$
6.50
1
EL946N
$
29.74 Long Sleeve Work Shirt - Dark Navy
Dickies
5574CH
$
40.41
42.5%
$
23.24
$
6.50
1
EL946N
$
29.74 Long Sleeve Work Shirt - Charcoal
Dickies
5574SV
$
40.41
42.5%
$
23.24
$
6.50
1
EL947N
$
29.74 Long Sleeve Work Shirt - Silver Grey
Red Kap
SK2LNV
$
27.08
42.5%
$
15.57
$
6.50
1
EL946N
$
22.07 Long -Sleeve Pocket Performance Core Tee - Navy
Red Kap
SK2LRB
$
27.08
42.5%
$
15.57
$
6.50
1
EL946N
$
22.07 Long -Sleeve Pocket Performance Core Tee - Royal Blue
Red Kap
SK2LGY
$
27.08
42.5%
$
15.57
$
6.50
1
EL947N
$
22.07 Long -Sleeve Pocket Performance Core Tee - Heather Grey
Red Kap
SK4LNV
$
25.80
42.5%
$
14.84
$
6.50
1
EL946N
$
21.34 Long -Sleeve Performance Core Tee - Navy
Red Kap
SK4LRB
$
25.80
42.5%
$
14.84
$
6.50
1
EL946N
$
21.34 Long -Sleeve Performance Core Tee - Royal Blue
Red Kap
SK4LGY
$
25.80
42.5%
$
14.84
$
6.50
1
EL947N
$
21.34 Long -Sleeve Performance Core Tee - Heather Grey
Professional Shirts (Polos, Collared Shirts)
Red Kap
SK96NV
$
28.30
42.5%
$
16.28
$
6.50
1
EL946N
$
22.78 Men's Performance Flex Core Polo - Navy
Red Kap
SK96CH
$
28.30
42.5%
$
16.28
$
6.50
1
EL946N
$
22.78 Men's Performance Flex Core Polo - Charcoal
Red Kap
SK96GY
$
28.30
42.5%
$
16.28
$
6.50
1
EL947N
$
22.78 Men's Performance Flex Core Polo - Grey
Red Kap
SK6LNV
$
31.73
42.5%
$
18.25
$
6.50
1
EL946N
$
24.75 Men's Long Sleeve Performance Flex Core Polo - Navy
Red Kap
SK6LCH
$
31.73
42.5%
$
18.25
$
6.50
1
EL946N
$
24.75 Men's Long Sleeve Performance Flex Core Polo - Charcoal
Dickies
SSS46B
$
32.68
42.5%
$
18.80
$
6.50
1
EL947N
$
25.30 Button -Down Oxford Short Sleeve Shirt - Blue/White Stripe
Dickies
SSS46F
$
32.68
42.5%
$
18.80
$
6.50
1
EL946N
$
25.30 Button -Down Oxford Short Sleeve Shirt - French Blue
Dickies
SSS46L
$
31.04
42.5%
$
17.85
$
6.50
1
EL947N
$
24.35 Button -Down Oxford Short Sleeve Shirt - Light Blue
Dickies
SS546W
$
31.04
42.5%
$
17.85
$
6.50
1
EL947N
$
24.35 Button -Down Oxford Short Sleeve Shirt - White
Dickies
SSS36B
$
36.58
42.5%
$
21.04
$
6.50
1
EL947N
$
27.54 Button -Down Long Sleeve Oxford Shirt - Blue/White Stripe
Dickies
SSS36F
$
36.58
42.5%
$
21.04
$
6.50
1
EL946N
$
27.54 Button -Down Long Sleeve Oxford Shirt - French Blue
Dickies
SSS36L
$
32.68
42.5%
$
18.80
$
6.50
1
EL947N
$
25.30 Button -Down Long Sleeve Oxford Shirt - Light Blue
Dickies
SSS36W
$
32.68
42.5%
$
18.80
$
6.50
1
EL947N
$
25.30 Button -Down Long Sleeve Oxford Shirt- White
Red Kap
SK97NV
$
28.30
42.5%
$
16.28
$
6.50
1
EL946N
$
22.78 Women's Performance Flex Core Polo - Navy
Red Kap
SK97CH
$
28.30
42.5%
$
16.28
$
6.50
1
EL946N
$
22.78 Women's Performance Flex Core Polo - Charcoal
Red Kap
SK97GY
$
28.30
42.5%
$
16.28
$
6.50
1
EL947N
$
22.78 Women's Performance Flex Core Polo - Grey
Red Kap
SK7LNV
$
31.73
42.5%
$
18.25
$
6.50
1
EL946N
$
24.75 Women's Long Sleeve Performance Flex Core Polo - Navy
Red Kap
SULCH
$
31.73
42.5%
$
18.25
$
6.50
1
EL946N
$
24.75 Women's Long Sleeve Performance Flex Core Polo - Charcoal
Dickies
S254BS
$
37.89
42.5%
$
21.79
$
6.50
1
EL947N
$
28.29 Women's Short Sleeve Stretch Oxford Shirt - Blue/White Stripe
Dickies
S254FB
$
37.89
42.5%
$
21.79
$
6.50
1
EL946N
$
28.29 Women's Short Sleeve Stretch Oxford Shirt - French Blue
Dickies
S254LB
$
37.89
42.5%
$
21.79
$
6.50
1
EL947N
$
28.29 Women's Short Sleeve Stretch Oxford Shirt - Light Blue
Dickies
S254WH
$
37.89
42.5%
$
21.79
$
6.50
1
EL947N
$
28.29 Women's Short Sleeve Stretch Oxford Shirt - White
Dickies
L254BS
$
42.12
42.5%
$
24.23
$
6.50
1
EL947N
$
30.73 Women's Long Sleeve Stretch Oxford Shirt - Blue/White Stripe
Dickies
L254FB
$
42.12
42.5%
$
24.23
$
6.50
1
EL946N
$
30.73 Women's Long Sleeve Stretch Oxford Shirt - French Blue
Dickies
L254LB
$
42.12
42.5%
$
24.23
$
6.50
1
EL947N
$
30.73 Women's Long Sleeve Stretch Oxford Shirt - Light Blue
Dickies
L254WH
$
42.12
42.5%
$
24.23
$
6.50
1
EL947N
$
30.73 Women's Long Sleeve Stretch Oxford Shirt- White
Any Additional Shirts (Safety, Events, Etc.)
Red Kap
VP62NV
$
93.49
42.5%
$
53.76
$
6.50
1
EL946N
$
60.26 Softshell Vest - Navy
Red Kap
VP62CH
$
93.49
42.5%
$
53.76
$
6.50
1
EL946N
$
60.26 SoftshellVest- Charcoal
Red Kap
SX24HV
$
89.42
42.5%
$
51.42
$
6.50
1
EL947N
$
57.92 Hi -Visibility Mimix Short Sleeve Work Shirt Class 2 - Yellow
Red Kap
SX24AB
$
118.23
42.5%
$
67.99
$
6.50
1
EL947N
$
74.49 Hi -Visibility Mimix Short Sleeve Work Shirt Class 3 - Yellow
Red Kap
SX14HV
$
92.24
42.5%
$
53.04
$
6.50
1
EL947N
$
59.54 Hi -Visibility Mimix Long Sleeve Work Shirt Class 2 - Yellow
Red Kap
SX14AB
$
121.29
42.5%
$
69.75
$
6.50
1
EL947N
$
76.25 Hi -Visibility Mimix Long Sleeve Work Shirt Class 3 - Yellow
Red Kap
SY24YC
$
78.01
42.5%
$
44.86
$
6.50
1
EL947N
$
51.36 Short Sleeve Hi -Visibility Color Block Work Shirt Class 2 - Yellow/Charcoal
Red Kap
SY24YG
$
78.01
42.5%
$
44.86
$
6.50
1
EL947N
$
51.36 Short Sleeve Hi -Visibility Color Block Work Shirt Class 2 - Yellow/Grey
Red Kap
SY24YN
$
76.35
42.5%
$
43.90
$
6.50
1
EL947N
$
50.40 Short Sleeve Hi -Visibility Color Block Work Shirt Class 2 - Yellow/Navy
Red Kap
SY14YC
$
80.93
42.5%
$
46.54
$
6.50
1
EL947N
$
53.04 Long Sleeve Hi -Visibility Color Block Work Shirt Class 2 - Yellow/Charcoal
Red Kap
SY14YG
$
80.93
42.5%
$
46.54
$
6.50
1
EL947N
$
53.04 Long Sleeve Hi -Visibility Color Block Work Shirt Class 2 - Yellow/Grey
Red Kap
SY14YN
$
79.28
42.5%
$
45.59
$
6.50
1
EL947N
$
52.09 Long Sleeve Hi -Visibility Color Block Work Shirt Class 2 -Yellow/Navy
Supervisor Shirts
Red Kap
SK90NV
$
32.49
42.5%
$
18.69
$
6.50
1
EL946N
$
25.19 Men's Performance Knit Flex Series Pro Polo - Navy
Red Kap
SK90GY
$
32.49
42.5%
$
18.69
$
6.50
1
EL947N
$
25.19 Men's Performance Knit Flex Series Pro Polo - Grey
Red Kap
SR60BS
$
32.14
42.5%
$
18.49
$
6.50
1
EL947N
$
24.99 Men's Short Sleeve Executive Button -Down Shirt - Blue/White Stripe
Red Kap
SR60FB
$
37.00
42.5%
$
21.28
$
6.50
1
EL946N
$
27.78 Men's Short Sleeve Executive Button -Down Shirt - French Blue
Red Kap
SR60GY
$
29.85
42.5%
$
17.17
$
6.50
1
EL947N
$
23.67 Men's Short Sleeve Executive Button -Down Shirt - Grey
Red Kap
SR60LB
$
29.85
42.5%
$
17.17
$
6.50
1
EL947N
$
23.67 Men's Short Sleeve Executive Button -Down Shirt - Light Blue
Red Kap
SR60WH
$
29.85
42.5%
$
17.17
$
6.50
1
EL947N
$
23.67 Men's Short Sleeve Executive Button -Down Shirt - White
Red Kap
SR70BS
$
35.04
42.5%
$
20.15
$
6.50
1
EL947N
$
26.65 Men's Long Sleeve Executive Button -Down Shirt - Blue/White Stripe
Red Kap
SR70FB
$
41.35
42.5%
$
23.78
$
6.50
1
EL946N
$
30.28 Men's Long Sleeve Executive Button -Down Shirt- French Blue
Red Kap SR70GY $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Men's Long Sleeve Executive Button -Down Shirt - Grey
Red Kap SR70LB $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Men's Long Sleeve Executive Button -Down Shirt - Light Blue
Red Kap SR70WH $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Men's Long Sleeve Executive Button -Down Shirt - White
Red Kap SK91NV $ 32.49 42.5% $ 18.69 $ 6.50 1 EL946N $ 25.19 Women's Performance Knit Flex Series Pro Polo - Navy
Red Kap SK91GY $ 32.49 42.5% $ 18.69 $ 6.50 1 EL947N $ 25.19 Women's Performance Knit Flex Series Pro Polo - Grey
Red Kap SR61BS $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Women's Short Sleeve Executive Button -Down Shirt - Blue/White Stripe
Red Kap SR61GY $ 29.85 42.5% $ 17.17 $ 6.50 1 EL947N $ 23.67 Women's Short Sleeve Executive Button -Down Shirt - Grey
Red Kap SR61LB $ 29.85 42.5% $ 17.17 $ 6.50 1 EL947N $ 23.67 Women's Short Sleeve Executive Button -Down Shirt - Light Blue
Red Kap SR61WH $ 29.85 42.5% $ 17.17 $ 6.50 1 EL947N $ 23.67 Women's Short Sleeve Executive Button -Down Shirt- White
Red Kap SR71BS $ 33.88 42.5% $ 19.49 $ 6.50 1 EL947N $ 25.99 Women's Long Sleeve Executive Button -Down Shirt- Blue/White Stripe
Red Kap SR71GY $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Women's Long Sleeve Executive Button -Down Shirt - Grey
Red Kap SR71LB $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Women's Long Sleeve Executive Button -Down Shirt - Light Blue
Red Kap SR71WH $ 33.00 42.5% $ 18.98 $ 6.50 1 EL947N $ 25.48 Women's Long Sleeve Executive Button -Down Shirt - White
J
Dickies CR39RB $ 37.94 42.5% $ 21.82 1 21.82 Industrial Relaxed Fit Jean - Rinsed Indigo Blue
Dickies LU22RB $ 39.93 42.5% $ 22.96 1 $ 22.96 Industrial Carpenter Flex Jean - Rinsed Indigo Blue
Red Kap PX62NV $ 58.87 42.5% $ 33.86 1 $ 33.86 Men's MimiXTM PRO Pant - Navy
Red Kap PX62CH $ 58.87 42.5% $ 33.86 1 $ 33.86 Men's MimiXTM PRO Pant - Charcoal
Red Kap PT2LNV $ 53.00 42.5% $ 30.48 1 $ 30.48 Lightweight Crew Pant - Navy
Red Kap PT2LCH $ 53.00 42.5% $ 30.48 1 $ 30.48 Lightweight Crew Pant - Charcoal
Dickies P874DN $ 43.41 42.5% $ 24.96 1 $ 24.96 Men's Industrial Work Pant - Dark Navy
Dickies P874CH $ 43.41 42.5% $ 24.96 1 $ 24.96 Men's Industrial Work Pant - Charcoal
Dickies P874SV $ 43.41 42.5% $ 24.96 1 $ 24.96 Men's Industrial Work Pant - Silver Grey
Outerwear i
Red Kap JP68NV $ 114.00 42.5% $ 65.55 $ 6.50 1 EL946N 72.05 Men's Softshell Jacket - Navy
Red Kap JP68CH $ 114.00 42.5% $ 65.55 $ 6.50 1 EL946N $ 72.05 Men's Softshell Jacket - Charcoal
Dickies TJ55DN $ 74.19 42.5% $ 65.03 $ 6.50 1 EL946N $ 71.53 Men's Insulated Industrial Eisenhower Jacket- Dark Navy
Red Kap JD20ND $ 105.85 42.5% $ 60.87 $ 6.50 1 EL946N $ 67.37 Duck Hooded Jacket - Navy
Red Kap JD20BD $ 102.33 42.5% $ 58.85 $ 6.50 1 EL946N $ 65.35 Duck Hooded Jacket - Brown
Red Kap JP67NV $ 114.00 42.5% $ 65.55 $ 6.50 1 EL946N $ 72.05 Women's Softshell Jacket - Navy
Bulwark SEZ3NV $ 251.07 42.5% $ 144.37 $ 6.50 1 EL946N $ 150.87 Women's Full Zip Fleece Flame -Resistant Jacket - Navy
Bulwark SEC2NV $ 243.71 42.5% $ 140.14 $ 6.50 1 EL946N $ 146.64 Pullover Crewneck Flame -Resistant Sweatshirt - Navy
Bulwark SEB4NV 42.5% $ 6.50 1 EL946N $ 6.50 Pullover Hooded Fleece Flame -Resistant Sweatshirt - Navy
Red Kap HJ10NV $ 60.17 42.5% $ 34.60 $ 6.50 1 EL946N $ 41.10 Performance Work Hoodie - Navy
Red Kap HJ10GY $ 60.17 42.5% $ 34.60 $ 6.50 1 EL947N $ 41.10 Performance Work Hoodie - Grey
Hats
Red Kap HB20NV $ 10.23 42.5% 5.89 $ 6.50 1 TBD 12.39 Low Profile Cap - Navy
Red Kap HB20BK $ 10.23 42.5% $ 5.89 $ 6.50 1 TBD $ 12.39 Low Profile Cap - Black
Headmost GV7018 $ 15.45 42.5% $ 8.89 $ 6.50 1 TBD $ 15.39 Mesh Back Trucker Cap - Navy
Red Kap HB30BK $ 8.70 42.5% $ 5.01 $ 6.50 1 TBD $ 11.51 Mesh Back Trucker Cap - Black
Wisconsin Knitting MB13NV $ 10.99 42.5% $ 6.32 $ 6.50 1 TBD $ 12.82 Knit Cap - Navy
Bulwark HMC2BK $ 47.83 42.5% $ 27.51 $ 6.50 1 TBD $ 34.01 Flame -Resistant Knit Cap - Black
Additional Needs
Red Kap CD32ND $ 182.71 42.5% 105.06 $ 6.50 1 EL946N $ 111.56 Duck Insulated Coverall - Navy
Red Kap CD32BD $ 182.71 42.5% $ 105.06 $ 6.50 1 EL946N $ 111.56 Duck Insulated Coverall - Brown
Red Kap BD30ND $ 173.96 42.5% $ 100.03 1 $ 100.03 Duck Insulated Bib Overall - Navy
Red Kap BD30BD $ 174.541 42.5% $ 100.36 1 $ 100.36 Duck Insulated Bib Overall - Brown
Free Digitize Logo with customer supplied artwork
$ 5.00 Direct monogramming onto garment - per line, names, etc
$ 6.50 Embroider logo onto garment - up to 20,000 stitches
$ 4.15 Attach one customer supplied emblem onto garment
$ 1.50 Pack order by person in polybag (price is per piece)
$ 7.50 Orders less than $100
Exhibit B — Cooperative Agency Contract OMNIA R210102
Region 4 Education Service Center (ESC)
Contract # R210102
for
Apparel, Uniforms, Accessories, Products and Services
with
ServiceWear Apparel, Inc.
Effective: June 1, 2021
The following documents comprise the executed contract between the
Region 4 Education Service Center and ServiceWear Apparel, Inc.
effective June 1, 2021:
I. Vendor Contract and Signature Form
II. Supplier's Response to the RFP, incorporated by reference
APPENDIX A
CONTRACT
This Contract ("Contract') is made as of June 1, 2021 by and between Service Wear Apparel,
Inc. ("Contractor") and Region 4 Education Service Center ("Region 4 ESC') for the
purchase of Apparel, Uniforms, Accessories, Products and Services ("the products and
services').
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals ("RFP") Number 21-01 to which
Contractor provided a response ("Proposal"); and
WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in
providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract
between the Contractor and Region 4 ESC, having its principal place of business at 7145 West
Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these
terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4
ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all
attachments referenced herein. In the event of a conflict between the provisions set forth below
and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and
private primary, secondary and higher education entities, non-profit entities, and agencies for the
public benefit ("Public Agencies") may purchase products and services at prices indicated in the
Contract upon the Public Agency's registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right to renew the Contract for two (2) additional one-year periods or portions thereof. Region
4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region
4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three
hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the
initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may
mutually agree to extend the term of this Agreement. Contractor acknowledges and
understands Region 4 ESC is under no obligation whatsoever to extend the term of this
Agreement.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and
Final Offer(s).
CONTRACT
1
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror's Best and Final Offer
iii. Offeror's proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or is otherwise directed to do so in writing by Region 4 ESC.
6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other
agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.).
8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to
perform this Contract, a successor in interest must guarantee to perform all obligations under
this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change
of name agreement will not change the contractual obligations of Contractor.
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding
unless authorized and signed by Region 4 ESC.
10) Addina Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional
distributors or dealers, other than those identified at the time of submitting their proposal, to
sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or
dealer. Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractor's pricing.
11) TERMINATION OF CONTRACT
a) Cancellation for Non -Performance or Contractor Deficiencv. Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obligation, term or condition of the contract. Region
4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any
of the following:
i. Providing material that does not meet the specifications of the Contract;
ii. Providing work or material was not awarded under the Contract;
iii. Failing to adequately perform the services set forth in the scope of work and
specifications;
iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
CONTRACT
2
v. Failing to make progress in performance of the Contract or giving Region 4 ESC
reason to believe Contractor will not or cannot perform the requirements of the
Contract; or
vi. Performing work or providing services under the Contract prior to receiving an
authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide
a satisfactory response to Region 4 ESC. Failure to adequately address all issues of
concern may result in Contract cancellation. Upon cancellation under this paragraph, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely
manner, or Contractor violates any of the covenants, agreements, or stipulations of this
Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pursue all other applicable remedies afforded by law. Such termination shall be effective
by delivery of notice, to the Contractor, specifying the effective date of termination. In such
event, all documents, data, studies, surveys, drawings, maps, models and reports
prepared by Contractor will become the property of the Region 4 ESC. If such event does
occur, Contractor will be entitled to receive just and equitable compensation for the
satisfactory work completed on such documents.
c) Deliverv/Service Failures. Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event Region 4 ESC must
purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a
reasonable time period, for all expenses incurred.
d) Force Maieure. If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall
give notice and full particulars of Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter
provided, but for no longer period, and such party shall endeavor to remove or overcome
such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or the State of Texas or any civil or military authority; insurrections; riots;
epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraint of government and people; civil disturbances; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by
providing written notice. The cancellation will take effect 30 business days after the other
party receives the notice of cancellation. After the 30th business day all work will cease
following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds
and permits required for the operation of the business conducted by Contractor. Contractor
CONTRACT
3
shall remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop
work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or
terminated.
13) Survival Clause. All applicable software license agreements, warranties or service
agreements that are entered into between Contractor and Region 4 ESC under the terms and
conditions of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Contractor shall survive expiration or termination of
the Contract.
14) Deliverv. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If
delivery is not or cannot be made within this time period, the Contractor must receive
authorization for the delayed delivery. The order may be canceled if the estimated shipping
time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may
make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be
responsible for arranging the return of the defective or incorrect material.
16) Pavments. Payment shall be made after satisfactory performance, in accordance with all
provisions thereof, and upon receipt of a properly completed invoice.
17) Price Adiustments. Should it become necessary or proper during the term of this Contract to
make any change in design or any alterations that will increase price, Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the Contract shall be paid
without prior approval. All price increases must be supported by manufacturer documentation,
or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days
after approval and written notification from Region 4 ESC. It is the Contractor's responsibility
to keep all pricing up to date and on file with Region 4 ESC. All price changes must be
provided to Region 4 ESC, using the same format as was provided and accepted in the
Contractor's proposal.
Price reductions may be offered at any time during Contract. Special, time -limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2)
reduction is for a specific period, normally not less than thirty (30) days; and 3) original price
is not exceeded after the time -limit. Contractor shall offer Region 4 ESC any published price
reduction during the Contract term.
18)Audit Riahts. Contractor shall, at its sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC
reserves the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period
of one (1) year from the effective date of termination. Region 4 ESC shall have the authority
to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
being offered that is materially inconsistent with the pricing under this agreement, Region 4
ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's
CONTRACT
4
sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third -
party auditing firm. In the event of an audit, the requested materials shall be provided in the
format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor
may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be
added to the Contract. Pricing shall be equivalent to the percentage discount for other
products. Contractor may replace or add product lines if the line is replacing or supplementing
products, is equal or superior to the original products, is discounted similarly or greater than
the original discount, and if the products meet the requirements of the Contract. No products
and/or services may be added to avoid competitive procurement requirements. Region 4 ESC
may require additions to be submitted with documentation from Members demonstrating an
interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject
any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at
the time they become available under the following conditions: 1) the option is priced at a
discount similar to other options; 2) the option is an enhancement to the unit that improves
performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their
work as required or directed. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean, safe and unobstructed condition.
24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared,
unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre -installation
requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a
registered sex offender will perform work at any time when students are or are reasonably
expected to be present. Contractor agrees a violation of this condition shall be considered a
material breach and may result in the cancellation of the purchase order at Region 4 ESC's
discretion. Contractor must identify any additional costs associated with compliance of this
term. If no costs are specified, compliance with this term will be provided at no additional
charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection
of workers and the public. Contractor shall post warning signs against all hazards created by
its operation and work in progress. Proper precautions shall be taken pursuant to state law
CONTRACT
5
and standard practices to protect workers, general public and existing structures from injury
or damage.
27) Smokina.. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises.
28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC,
payment may be made for materials not incorporated in the work but delivered and suitably
stored at the site or some other location, for installation at a later date. An inventory of the
stored materials must be provided to Region 4 ESC prior to payment. Such materials must be
stored and protected in a secure location and be insured for their full value by the Contractor
against loss and damage. Contractor agrees to provide proof of coverage and additionally
insured upon request. Additionally, if stored offsite, the materials must also be clearly identified
as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be
allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite,
as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's
responsibility to protect all materials and equipment. Contractor warrants and guarantees that
title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.
29) Fundina Out Clause. A Contract for the acquisition, including lease, of real or personal
property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the
right to terminate the Contract at the expiration of each budget period during the term of the
Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate
funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from the actions of the Contractor, Contractor employees or
subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will
be in Harris County, Texas.
31) Marketina.. Contractor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo
or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must
have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC
prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten
(10) days' notice prior to any modifications or cancellation of policies. The Contractor shall
require all subcontractors performing any work to maintain coverage as specified.
33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local,
state, and federal laws governing the sale of products/services and shall comply with all laws
while fulfilling the Contract. Applicable laws and regulation must be followed even if not
specifically identified herein.
CONTRACT
6
OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing.
Company Name ServiceWear Apparel, Inc.
Address 7135 Charlotte Pike. Suite 100
City/State/Zip Nashville, TN 37209
Telephone No. 615-301-6191
E rra it Address iburnettaservicewearaooarel.com
Printed Name Jim Burnett
--------------------------------------------------------------------------------------------------
Title Chief Development Officer
Authorized signature
Accepted by Region 4 ESC:
Contract No. R210102
Initial Contract Term .tune 1, 2021 to May 31, 2024
-------------- - - - - - ------------------------------------------------
-
Region 4 ESC Authorized Board Member
Margaret S. Bass
Print Name
Region 4 ESC Authorized Board Member
Linda Tinnerman
Print Name
4/27/2021
Date
4/27/2021
Date
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifies complete acceptance of the terms
and conditions in this solicitation and draft Contract except as noted below with proposed
substitute language (additional pages may be attached, if necessary). The provisions of the
RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal
is returned with modifications to the draft Contract provisions that are not expressly approved
in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.
(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)
D/ Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must
be clearly explained, reference the corresponding term to which Offeror is taking exception
and clearly state any proposed modified language, proposed additional terms to the RFP
and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror's proposal from consideration for
award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and
modifications and the decision shall be final.
If an offer is made with modifications to the contract provisions that are not expressly
approved in writing, the contract provisions contained in the RFP shall prevail.)
Section/Page Term, Condition, or Exception/Proposed Modification Accepted
Specification (For Region 4
ESC's use)
Appendix A-Uratt Revise to read: Gontorming stock product shall be
Contract-#14 Delivery Terms shipped within 14 business days of Purchase Order. If Acceptable by
delivery is not or cannot be made within this time period,
the contractor should notify the customer of the delayed Region 4
delivery with details of when the product will be available.
Appendix D- Exhibit Revise to read: Suppliers are required to pay an OMNIA Partners will
A - 1.2 Marketing, Contract Sales administrative fee of 3 /oof the Contract Sales under the
determine
Administrative the OMNIA Partners Administration Agreement (Exhibit
Support B)•
Appendix D- Revise to read: rrovide the Contract Sales that supplier
Exhibit A - 3.3 - L Contract Sales will strive and use all reasonable commercial efforts to OMNIA Partners Will
ensure each year under the Master Agreement for the determine
initial three years of the Master Agreement.
The administration fee shall be calculated based on the
actual Contract Sales. I
RFP pg #14 - Revise to read: At a minimum, the Contractor will hold the Acceptable by Re ion 4
a)Products/Servic Terms of Pricing proposed price list firm until March 31, 2022 after the
es rricing - IVOt to contract awara.
Exceed Pricing
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
J
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
AJ Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes Fil No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
FT Yes FTNo
IJ Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
61
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
71
Iim Burnett 01 /13/2025
Jim Burnett (Jan 13, 2025 10:42 MST)
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx. us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code S 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code & 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code & 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021