HomeMy WebLinkAboutContract 64015CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement (“Agreement”) is entered into by and 4imprint, Inc.
(“Vendor”) and the City of Fort Worth (“City”), a Texas home-rule municipality individually referred
to as “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 – Pricing Schedule;
3. Exhibit B – Cooperative Agency Contract Choice Partners 24/043SG-01; 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
Cooperative Purchase 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 and Fifty Thousand Dollars ($150,000.00) 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 Parties will engage in multiple transactions to purchase goods and/or services under this
Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the
subject goods and/or services and the quote must conform with the then-current pricing under the
underlying cooperative agreement. If the City accepts the quote and places an order for the goods and/or
services, that quote shall be considered as an addendum to this agreement but is not required to be filed
in the City records. The Parties will maintain all quotes for the 3- year Audit period included herein.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on July 28, 2026, with three (3) one-year renewal options.
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:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney’s Office at the
same address
To VENDOR:
4imprint, Inc
John P. Lord, SVP- Operations
101 Commerce St
Oshkosh, WI 54901
Email: bids@4imprint.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: ______________________________
Name: Dana Burghdoff
Title: Assistant City Manager
Date: _________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Midori Clark
Title: Library Director
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
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: ______________________________
Name: April D. Jacquez
Title: Sr Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Amarna Muhammad
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 25-0840
Date Approved: 9/16/2025
1295 Form: 2025-1347126
VENDOR:
4imprint, Inc
By:
Name: John. P Lord
Title: SVP- Operations
Date: ________________________9/22/2025
Bid Lines
1 Percentage Discount
If you have a discount across your ENTIRE CATALOG you propose for Choice Partners members, enter that
here. Indicate any price adjustment (percentage off) you intend on providing during the contract period, the type
of pricing and on what it is based (MSRP, Price List, Website Pricing, Catalog). Then upload the
corresponding catalog, price sheet, or online location of price information (URL) in the Response
Attachments Section. Discount proposed here must match the response in Attribute 22.
Total:10%
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
2 Respondents Offering AWARD JACKETS (Letter Jacket) per the minimum spec in section 7 (See RFP
document in attachments tab).
Assume a minimum order of 20 and enter the unit cost for 1 Award Jacket, do not add shipping.
Make any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA No Bid
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order. Vendor should ensure that all
cost items (letters, material and size options, etc) are accounted for in vendors catalog / pricing.
3 Unit cost of a two-color screen-printed t-shirt, designs on front and back.
Gildan Ultra Cotton T-Shirt (style G200), Hanes Beefy-T (style 5180), or Fruit of the Loom Heavy Cotton HD T-
Shirt (style 3930).
Other assumptions: customers choice of color, 2 color screen print on front and back, design provided by
customer in digital format.
Assume a minimum order of 50 and enter the unit cost of one finished shirt, do not add shipping. Make
any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA Unit Price:$11.03 Total:$11.03
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 15 of 18 pages
4 Unit cost of a polo with customer's logo embroidered on chest.
Nike Dri-FIT Polo (style 363807), or Adidas ClimaLite Polo (style A130).
Other assumptions: customers choice of shirt color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume a minimum order of 20 and enter the unit cost of one finished polo, do not add shipping.
Make any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA Unit Price:$37.79 Total:$37.79
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
5 Unit cost of below Jacket with customer's logo embroidered on chest.
or equal (specs are here: https://www.apparelvideos.com/cs/CatalogBrowser?todo=ss&productId=J317 )
Other assumptions: customers choice of jacket color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume a minimum order of 20 Jackets and enter unit cost of one finished jacket, do not add shipping.
Must match above spec (at url) and name brand and item number in notes if pricing an "OR Equal". Make any
clarifications necessary using "Add Notes".
Quantity:1 UOM:EA Unit Price:$47.28 Total:$47.28
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
6 Unit cost to furnish below Work Pant (no logo or embroidery).
The Dickies Original 874 Work Pant
https://www.dickies.com/icons/874-work-pants
Other assumptions: customers choice of jacket color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume minimum order of 15 pants men's sizes mix of sizes between 32 and 38 Waist and enter unit
cost of one work pant, do not add shipping.
Must match above spec (at url) and name brand and item number in notes if pricing an "OR Equal". Make any
clarifications necessary using "Add Notes".
Quantity:1 UOM:EA No Bid
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 16 of 18 pages
7 Enter Vendor's "Set up" cost for an initial order involving screen printing. Set up costs may include the
below, and may be reduced by the Vendor with substantial volume if appropriate to the order. Enter a not-to-
exceed set up cost for an initial order at your minimum order quantity. Make any clarifications necessary using
"Add Notes".
Screen Setup: Creating the screens needed for each color in the design. This process involves coating screens
with photosensitive emulsion, exposing them to UV light through the artwork, and washing out the unexposed
areas to create the stencil for printing.
Color Mixing: Preparing the ink colors required for the printing job. This may involve custom color matching to
accurately reproduce the colors in the customer's artwork.
Machine Setup: Preparing the screen printing equipment for the specific job, including setting up the printing
press, aligning the screens, and adjusting ink flow and squeegee pressure.
Test Prints: Printing a sample or test run of the design to ensure print quality and color accuracy before
proceeding with the full production run. This allows for adjustments to be made if necessary.
Cleanup and Maintenance: Cleaning screens, equipment, and work areas before and after the printing job to
maintain quality and prevent contamination between colors or jobs.
Labor Costs: The cost of skilled labor required to perform the setup tasks, including artwork preparation, screen
coating, machine setup, and printing.
UOM:EA Price:$36.00 Total:$36.00
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 17 of 18 pages
8 Set up cost for an initial order involving embroidering an apparel item. Set up costs may include the
below, and may be reduced by the Vendor with substantial volume if appropriate to the order. Enter a not to
exceed set up cost for an initial order at your minimum order quantity. Make any clarifications necessary using
"Add Notes".
Artwork Digitizing: Converting the customer's artwork or design into a digital format that can be read by the
embroidery machine. This process involves recreating the design using specialized embroidery software, which
generates instructions for the machine to follow.
Setup and Hooping: Setting up the embroidery machine for the specific garment and design. This includes
selecting the appropriate hoop size, positioning the garment on the hoop, and securing it in place for
embroidery.
Thread Selection: Choosing the thread colors required for the embroidery design. This may involve custom
color matching to accurately reproduce the colors in the customer's artwork.
Machine Setup: Preparing the embroidery machine for the specific job, including loading the selected thread
colors, selecting the appropriate stitch settings, and adjusting the machine for optimal performance.
Test Stitching: Embroidering a sample or test run of the design to ensure stitch quality and alignment before
proceeding with the full production run. This allows for adjustments to be made if necessary.
Cleanup and Maintenance: Cleaning the embroidery machine and work area before and after the embroidery job
to maintain quality and prevent contamination between orders.
Labor Costs: The cost of skilled labor required to perform the setup tasks, including digitizing the design,
machine setup, and embroidery.
UOM:EA Price:$31.50 Total:$31.50
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be
attached in the Response Attachments tab. These items are for apples-to-apples comparison
between vendors for evaluation purposes and not indicative or representative of an order.
Supplier Notes:Initial set up is $35.00 for orders of less than 24 pieces for most apparel items or less than 72
headwear items. There would be no additional costs unless additional imprint locations or
personalization is added.
9 Hourly rate for image / logo design services (if applicable).
UOM:EA Price:$0.00 Total:$0.00
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be
attached in the Response Attachments tab. These items are for apples-to-apples comparison
between vendors for evaluation purposes and not indicative or representative of an order.
Supplier Notes:Our logo design services are free of charge for customers when they are ordering items
10 If there are OTHER SERVICES for which the member will be charged an hourly rate, please enter your
HOURLY SERVICE RATE.
Use "Add Alternate" at right to specify rates for varying levels or categories of services and make any necessary
clarifications using "Add Notes."
UOM:EA No Bid
Response Total: $163.60
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 18 of 18 pages
C'�CHOICESnA
PARTNERS
The Right Resources. Right Now.
Exhibit B
August 6, 2024
Mr. John P. Lord
4lmprint, Inc.
101 Commerce Street
Oshkosh, WI 54901
Subject: Contract Award 24/043SG-01
Dear CP Vendor Partner:
Congratulations! Harris County Department of Education (HCDE) has awarded 4lmprint, Inc. a contract for the
following commodity/services, based on the proposal submitted to HCDE Choice Partners.
Award lackets, Apparel, Uniforms, Screen Printing, and Embroidery
The contract is effective 7/29/2024 and will expire on 7/28/2025. The contract may be renewed annually for
up to four (4) additional years, if mutually agreed to by Choice Partners and 4lmprint, Inc..
Your contract manager, Steve Gibson, will contact you in the next few weeks and set up an appointment to
discuss the contract details and new vendor orientation. The partnership between 4lmprint, Inc. and Choice
Partners should be mutually beneficial for us, as well as our participating agencies.
A press release announcing the awards made this month is posted both at www.choicepartners.or� and at
www.hcde-texas.org. Your contract manager will send you the Choice Partners seal to add to your website and
marketing materials and will request additional information, so we can accurately describe your company on
our website.
If you have any questions or concerns in the meantime, please feel free to call us at the office at 877.696.2122.
Sincerely,
� .� .� . � �,,
� � ;-- _ , �
Jeff Drury, Serio� Director
Choice Partners
A division of Harris County Department of Education
� Harris County
'1i-� Education
Choice Partners National Purchasing Cooperative/
Oivision of Harris County Oepartment of Education
6005 Westview Dr., Houston, TX 77055, 713.696.2122, 877.696.2122, www.ChoicePartners.org
EXECUTION OF OFFER
The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms and conditions
of this RFP and the Agreement and certifies:
2.
4.
6.
7
8
9
10
It is a responsible company regularly engaged in providing goods and/or services necessary to meet
the requirements, specifications, terms and conditions of the RFP and the Agreement. See 2 CFR §
200.318(h).
It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the
requirements, specifications, terms and conditions of the RFP and the Agreement. Further, if awarded,
the Proposer agrees to perform the requirements, specifications, terms and conditions of the RFP and the
Agreement.
All statements, information, and representations prepared and submitted in response to this RFP are
current, complete, true, and accurate. Proposer acknowledges that HCDE will rely on such statements,
information, and representations in selecting the successful responsible Proposer(s).
It is not currently barred or suspended from doing business with the Federal government, any of the
members represented, or any of their respective agencies.
It shall be bound by all statements, representations, warranties, and guarantees made in its proposal.
Submission of a proposal indicates the Proposer's acceptance of the evaluation technique and the
Proposer's recognition that some subjective judgments may be made by HCDE and its membership as
part of the evaluation.
That all of the requirements of this RFP and the Agreement have been read and understood. In addition,
compliance with all requirements, terms and conditions will be assumed by HCDE if not otherwise noted
in the proposal.
The individual signing below has authority to enter into this on behalf of Proposer.
Proposer acknowledges that the Agreement may be canceled if any conflict of interest or appearance of
a conflict of interest is discovered by HCDE.
This Agreement is subject to purchase orders duly authorized and executed by HCDE and or CP
Member.
CORPORATENAME: 4imprint, Inc.
AUTHORIZED SIGNATURE • John P Lord Digitally signed by John P Lord
• Date: 2024.05.16 11:06:04 -05'00'
PRINT NAME: John P. Lord
TITLE: SVP - Operations
DATE: 5/16/2024
ADDRESS: 101 Commerce Street
CITY, STATE, ZIP CODE: Oshkosh, WI 54901
PHONE: 866-624-3699 FAX: 920-236-7282
EMAIL ADDRESS: jlord@4imprint.com
WEBSITE URL https://www.4imprint.com
This Section to be Completed by HCDE
Contract Number: 24/043 SG-Ol
Term of contract: 07/29/2024 to 07/28/2025
Vendor shall honor all CP Administrative Fees for any sales resulting from this Contract whether Vendor is awarded a
renewal or not.
Approved by Harris County Department of Education as a best value, responsible vendor:
Jesus Amezcua (S p 11, 202420:18 CDT)
Jesus J. Amezcua, PhD., CPA, RTSBA
Assistant Superintendent for Business Services
07/29/2024
Board Approval Date
Updated 01.2024 Page 3 of 37
RFP #24/043SG Award Jackets, Apparel, Uniforms, Screen Printing, and Embroidery
5.0 CONTRACT TERMS AND CONDITIONS
These Contract Terms and Conditions are part of the final contract in each product and/ar service contract awarded as a result of
this RFP and are part of the terms and conditions of each Purchase Order or proposal forms issued in connection with this RFP.
Vendars are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE NOTED
DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND CONDITIONS, REDLINED IN"RED" AND
UPLOADED INTO THE RESPONSE ATTACHEMENTS SECTION OF THE EBID SUBMISSION. Proposals that are
qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by HCDE/CP
and eliminated from further consideration.
CONTRACT BETWEEN
HARRIS COUNTY DEPARTMENT OF EDUCATION AND
("VENDOR")
FOR
AWARD JACKETS, APPAREL, UNIFORMS, SCREEN PRINTING, AND EMBROIDERY
This Contract is entered into between HCDE/CP and Vendor, having submitted a proposal in response to this RFP issued by
HCDE/CP and whose proposal has been accepted and awarded by HCDE. In consideration of the mutual covenants and
conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, HCDE/CP and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this
Contract, agree as follows:
51 Definitions
The terms used in this Contract shall have the meanings assigned to them in Section 1.0 Notice of Intent of the RFP.
5.2 Use of Contract by CP members
Vendar agrees and understands that this RFP and Contract may be used to accomplish work far HCDE/CP, a local
governmental entity. Vendor further agrees and understands that this RFP and Contract may also be utilized by CP
members pursuant to the piggyback method, as contemplated in the U.S. Department of Agriculture Memorandum
SFSP02-2017. Vendor agrees and understands that CP members include "school food authorities," as that term is
deimed by USDA/TDA.
5.3 Contract Terms; Amendment
The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre-published terms
on Vendor's Purchase Order, acknowledgments, invoices, or other forms shall have any force or effect unless expressly
agreed to by the CP member and Vendor. No amendment of this Contract shall be permitted unless and until first
approved in writing by HCDE/CP and, if necessary, the CP member(s), and no such amendment shall have any effect
unless and until a written amendment to this Contract is executed by the HCDE Superintendent or his designee after
any necessary approvals have been obtained from the HCDE Board of Trustees. In the event that a Vendor has an
existing HCDE/CP contract in the same contract title, upon award the new contract will immediately supersede the
older contract.
5.4 Term of Contract; Renewal of Contract
The initial term of this Contract is for a period of one (1) year, with HCDE/CP having the option to renew the Contract
for four (4) additional one-year terms, at HCDE's sole discretion, unless otherwise speciiied in Section 6.0 Scope of
Proposal. Consequently, the total term of the Contract may be for a period of five (5) years. The phrase "Term" in this
Contract shall mean the then-current Term of the Contract, whether an initial term or a renewal term.
5.5 Termination of Contract; Survival
This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated by
mutual consent of HCDE/CP and Vendor. All Supplemental Contracts, purchase orders, and/or arders far goods or
services issued by HCDE and/or CP members and accepted by Vendor shall survive the expiration or termination of
this Contract. During the term of any Supplemental Contract entered into between Vendor and a CP member, all terms
of this Contract shall continue to apply to the Supplemental Contract.
General eBid RFP (revised January 2024) Page 15 of 37
RFP #24/043SG Award Jackets, Apparel, Uniforms, Screen Printing, and Embroidery
In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE/CP reserves the right to enforce
the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of HCDE/CP
and/or CP members. HCDE/CP further reserves the right to terminate the Contract immediately in the event Vendor
fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the RFP, this Contract, and/or
a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the
RFP. HCDE/CP also reserves the right to terminate the Contract immediately, with written notice to Vendor, if
HCDE/CP believes, in its sole discretion that it is in the best interest of HCDE/CP and/or CP members to do so.
In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to expire and
shall not be renewed upon the conclusion of the Contract's term. The phrase "material change" in this paragraph shall
mean a modification that substantially exceeds the terms of the original contract between HCDE/CP and Vendor. Upon
the expiration of the Contract's term, HCDE/CP may issue a new RFP for the goods or services procured under the
previous contract.
Vendor agrees that HCDE/CP shall not be liable for damages in the event that HCDE/CP declares Vendor to be in
default or breach of this Contract and/or the RFP. Vendor further agrees that upon termination of the Contract for any
reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new
arrangement and/or Vendor.
5.6 Prevailing Wage Rates — Construction/Public Works projects only
Vendar and all subcontractors of Vendar shall comply with all laws regarding prevailing wage rates, including, but not
limited to, TEX. GOV'T. CODE Chapter 2258, applicable to the construction of a public work, and any related federal
requirements, including the DAVIS-BACON ACT. In the event TEX. GOV'T. CODE Chapter 2258 applies to a
product or service provided by Vendor to HCDE/CP or a CP member, Vendor and any subcontractor(s) shall comply
with the prevailing wage rates set by HCDE/CP or the CP member.
5.7 Change Orders
Pursuant to TEX. EDUC. CODE § 44.0411(a), for HCDE/CP and CP members that are Texas school districts, if a
change in plans or speciiications is necessary after the performance of a Purchase Order has begun ar if it is necessary
to decrease or increase the quantity of work to be performed or of materials, equipment, ar supplies to be furnished,
the CP member may approve change orders making the changes. The total Purchase Order price may not be increased
because of the changes unless additional money for increased costs is approved for that purpose from available money
or is provided for by the authorization of the issuance of time warrants. The CP member may grant general authority
to an administrative official to approve the change orders. A Purchase Order with an original contract price of $1
million or more may not be increased under TEX. EDUC. CODE § 44.0411(a) by more than 25 percent. If a change
order for a Purchase Order with an original contract price of less than $1 million increases the contract amount to $1
million or more, the total of the subsequent change orders may not increase the revised contract amount by more than
25 percent of the original contract price.
5.8 Compliance with Laws
Vendar shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and
regulations, including, as applicable, warkers' compensation laws; minimum and maximum salary and wage statutes
and regulations; prompt payment and licensing laws and regulations; anti-discrimination statutes and regulations (Title
VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act
of 1975; Title 7 C.F.R. Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction ll3-1, Civil
Rights Compliance and Enforcement Nutrition Programs and Activities); the Davis-Bacon Act (40 U.S.C. § 276a /
29 CFR Part 5); the Copeland "Anti-Kickback" Act (18 U.S.C. § 874 / 29 CFR Part 5); the Equal Opportunity
Employment requirements (Executive Orders ll246 and 11375 / 41 CFR Chapter 60); the McNamara-O'Hara Service
Contract Act (41 U.S.C. 351); Section 306 of the Clean Air Act (42 U.S.C. § 1857h); Section 508 of the Clean Water
Act (33 U.S.C. § 1368); Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15); the
Contract Work Hours and Safety Act (40 U.S.C. § 3701-3708; 29 C.F.R. Part 5; the Solid Waste Disposal Act (Section
6002 as amended by the Resource Conservation and Recovery Act for procuring solid waste management services in
a manner that maximizes energy and resource recovery when contract amount is in excess of $10,000); the Education
Department General Administrative Regulations ("EDGAR")/Unifarm Guidance (2 C.F.R. Part 200); mandatory
standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871); and all applicable requirements and regulations, including those
related to reporting, patent rights, copyrights, data rights, and those mandated by federal agencies making awards of
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federal funds to HCDE/CP and/or CP members, including, without limitation, the U.S. Department of Agriculture
and/or Texas Department of Agriculture. Vendor understands that Vendor is ineligible to receive a contract award with
HCDE/CP if Vendor or its principal(s) is listed on the government wide exclusions in the System far Award
Management (Debarment and Suspension Orders Executive Orders 12549 and 12689) or is 30 days or more delinquent
in paying child support (Tex. Fam. Code § 231.006). For the entire duration of this Contract, Vendor and all
subcontractors shall maintain all required licenses, certiiications, permits, and any other documentation necessary to
perform this Contract. All permits will be acquired by Vendar and invoiced to the CP member at cost as part of the
Purchase Order, unless the permits are provided by the CP member. For the entire duration of this Contract, Vendor
and all subcontractors shall also comply with all requirements pertaining to local, state, or federal health and safety
certifications, licensing, or regulations. Vendor must comply with all state and local building code requirements unless
otherwise specifically provided in the CP member's Purchase Order, and Vendor must pay all fees and charges for
connections to outside services and for use of property outside the project site. The states of individual CP members
may have regulations and laws that govern payment retention and progress payments for public projects. Vendor is
responsible for being acquainted with and complying with each state's requirements. When required or requested by
HCDE/CP or a CP member, Vendor shall furnish HCDE/CP and/or the CP member with satisfactory proof of Vendor's
compliance with this provision.
5.9 Confidentiality
Vendar and HCDE/CP agree to secure the confidentiality of all information and records in accordance with applicable
federal and state laws, rules, and regulations. Vendor and HCDE/CP understand that the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational recards and information
and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that HCDE/CP and
numerous CP members are subject to the Texas Public Information Act, and Vendor waives any claim against and
releases from liability HCDE/CP and CP members, their respective officers, employees, agents, and attorneys with
respect to disclosure of information provided under or in this Contract or otherwise created, assembled, maintained, or
held by Vendor, HCDE, or a CP member and determined by HCDE/CP or the CP member, the Attorney General of
Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.
5.10 Performance and Payment Bonds — Construction/Public Works projects only
Vendar agrees to provide performance bonds and/or payment bonds as required by law, based on the amount or
estimated amount of any Purchase Order for a public work contract, which is defined as a contract for constructing,
altering, ar repairing a public building or carrying out or completing any public work. TEX. GOV'T. CODE §
2253.001(4). Pursuant to TEX. GOV'T. CODE § 2253.021, a performance bond is required if a Purchase Order is in
excess of $100,000 for CP members that are governmental entities subject to Chapter 2253; a payment bond is required
if a Purchase Order is in excess of $25,000 for CP members that are governmental entities subject to Chapter 2253 and
are not municipalities or a joint board created under Subchapter D, Chapter 22 of the Tex. Transp. Code, and a payment
bond is required if a Purchase Order is in excess of $50,000 for CP members that are governmental entities subject to
Chapter 2253 and are municipalities or a joint board created under Subchapter D, Chapter 22 of the TEX. TRANSP.
CODE.
5.11 Title and Risk of Loss
Whenever HCDE/CP or a CP member is purchasing (and not leasing) a product under this Contract, title and risk of
loss shall pass upon the later of HCDE/CP ar the CP member's acceptance of the product or payment of the applicable
invoice.
512 Warranty Conditions
All product(s) and/or service(s) provided by the Vendor under this Contract must be warranted to be free from defects
in material, workmanship, and free from such defects in design for a period of one (1) year upon the later of HCDE's
or the CP member's acceptance of the product and/or service or payment of the applicable invoice. Vendor warrants
that all products and/or services furnished under this Contract shall conform in all respects to the terms of this Contract,
including any drawings, specifications, and/or standards incorporated herein, including, without limitation, those
detailed in the RFP and Purchase Order. In addition, Vendar warrants that products and/or services are suitable for and
will perform in accordance with the purposes for which they are intended. Vendar shall assume all liabilities incurred
within the scope of consequential damages and incidental expenses, as set forth in the Vendor ar manufacturer's
warranty, which result from either delivery or use of product, which does not meet the speciiications within this
Contract, the RFP, or Purchase Order.
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513 Criminal History Review
Section 10.0 Attachment—Ch. 22 Contractor Certif5cation: Contractor Employees (Required) must be submitted
with packet, if applicable.
Prior to commencing any work under the Contract, if Vendor contracts with HCDE/CP member to provide services,
Vendor must comply with all requirements relating to criminal history information required by TEX. EDUC. CODE
Chapter 22. Vendor must also ensure subcontractors' compliance with TEX. EDUC. CODE, Chapter 22 requirements.
Covered employees with disqualifying criminal history are prohibited from serving at HCDE/CP member locations;
Vendar and any subcontracting entity may not permit a"covered employee" to provide services at a school if the
employee has a"disqualifying criminal history" (as those terms are defined within the form). If Vendor receives
information that a covered employee has a reported disqualifying criminal history, then Vendor will immediately
remove the covered employee from the project/contract and notify HCDE/CP member in writing within three (3)
business days. If HCDE/CP member, in its sole discretion, objects to the assignment of a covered employee for any
reason, including, but not limited to, on the basis of the covered employee's criminal history record information and/or
insufficient qualifications, lack of experience, and the like, based on information gathered by HCDE/CP member
through the procurement and/or contracting processes, Vendor (and each subcontractor) agrees to discontinue using
that covered employee to provide services on HCDE/CP member's project/contract. The criminal history record
information review obligation applies if Vendor contracts with HCDE/CP member to provide services; it does not
apply to a contract for the purchase of goods or real estate.
5.14 Customer Support
Vendar shall provide timely and accurate technical advice and sales support to HCDE/CP staff, and CP members.
Vendar shall respond to requests for customer support within one (1) business day after receipt of the request. Vendor
shall provide training to HCDE/CP staff and/or CP members regarding products and/or services supplied by Vendor,
at no additional charge, if requested by HCDE/CP or a CP member.
515 HCDE/CP and/or CP members' Property
In the event of loss, damage, or destruction of any property owned by or loaned by HCDE/CP or a CP member that is
caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify HCDE/CP or
the CP member and pay to HCDE/CP or the CP member the full value of ar the full cost of repair ar replacement of
such property, whichever is greater, within thirty (30) days of Vendor's receipt of written notice of HCDE's ar the CP
member's determination of the amount due. If Vendor fails to make timely payment, HCDE/CP ar the CP member
may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or
counterclaim against any money otherwise due to Vendor by HCDE/CP or the CP member.
516 Tax Exempt Status
HCDE/CP and all CP members that are Texas governmental entities or agencies are exempt from payment of Texas
State Sales Taxes under TEXAS TAX CODE§ 151310 for the purchase of tangible personal property. Laws of other
states govern the tax status of CP members in states other than Texas. Vendor represents and warrants that it shall pay
all taxes or similar amounts resulting from this Contract, including, without limitation, any federal, state, or local
income, sales or excise taxes of Vendor or its employees. HCDE/CP and CP members shall not be liable for any taxes
resulting from this Contract, except where otherwise required by law.
5.17 Other State Tax Requirements
517.1 Payment of Taxes by CP members Outside of Texas
CP members outside of Texas will pay only the rate and/or amount of taxes identified in Vendor's proposal
submitted in response to the RFP as appropriate to the specific CP member.
5.17.2 State and Local Transaction Privilege Taxes
The CP member is subject to all applicable state and local transaction privilege taxes. Transaction privilege
taxes apply to the sales of products and are the sole responsibility of Vendor, as the seller, to remit. Failure to
remit taxes from HCDE/CP and/or the CP member, as the buyer, does not relieve Vendor, as the seller, from
its obligation to remit taxes.
5.18 State of Texas Franchise Tax
By submitting a proposal in response to the RFP, Vendor certifies that Vendar is not currently delinquent in Vendor's
payment of any franchise taxes or other taxes owed to the State of Texas.
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519 Tax Responsibilities of Vendor and Indemnification for Taxes
Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all
subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vendor's operation, any persons
employed by Vendor, and all subcontractors of Vendor. Vendor shall require all subcontractors to hold HCDE/CP and
the CP member harmless from any responsibility for taxes, damages, and interest. If applicable, contributions required
under federal, state, and/or local laws and regulations and any other costs, including, but not limited to, transaction
privilege taxes, unemployment compensation insurance, Social Security, and Worker's Compensation, shall be the
sole responsibility of Vendor.
5.20 IRS W-9
To receive payment under this Contract, Vendor shall have a current LR.S. W-9 Form on file with the CP member.
5.21 Assignment of Contract
Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written
approval of HCDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase Order
made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise
disposed of or encumbered in any way by Vendor without the prior written approval of HCDE/CP and, if applicable,
the CP member.
5.22 Notification of Material Change
Vendar is required to notify HCDE/CP when any material change in operations occurs, including changes in
distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership,
and the like, within three (3) business days of such change.
5.23 Performance
Vendor agrees to use commercially reasonable best efforts to provide the product(s) and/or service(s) subject to this
Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation, insurance,
material, and supplies necessary to complete any scope of work, Purchase Order under this Contract. Vendor shall use
skilled, trained personnel, who shall be supervised by Vendor.
5.24 Subcontractors
If Vendor uses subcontractors in the perfarmance of any part of this Contract, Vendar shall be fully responsible to
HCDE/CP and CP members far all acts and omissions of the subcontractors. Nothing in this Contract shall create for
the benefit of any such subcontractor any contractual relationship between HCDE/CP and any such subcontractor, nor
shall it create any obligation on the part of HCDE/CP or CP members to pay or to see to the payment of any monies
due any such subcontractor except as may otherwise be required by law. Vendor represents and warrants that it is
willing, able, and capable of obtaining, supervising, and being responsible for any subcontractors who perform and/or
provide products and services related to this Contract.
5.25 Non-Appropriation
Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV'T. CODE § 271.903 concerning non-
appropriation of funds for multi-year contracts. Notwithstanding any other provision of this Contract ar obligation
imposed on HCDE/CP or any CP member by this Contract, HCDE/CP and CP members shall have the right to
terminate this Contract, any Supplemental Contract, or Purchase Order without default or liability to Vendor resulting
from such termination, effective as of the expiration of each budget period of HCDE/CP or any CP member if it is
determined by HCDE/CP or any CP member, at their sole discretion, that there are insufficient funds to extend this
Contract, any Supplemental Contract, any Purchase Order. The parties agree that this Contract, any Supplemental
Contract, and/or any Purchase Order are commitments of the current revenue of HCDE/CP and CP members only.
5.26 Ordering Procedures
Purchase Orders are issued by HCDE/CP and/or CP members to the Vendor according to this Contract and any
Supplemental Contract between HCDE/CP and the CP member. CP members must send Purchase Orders to HCDE/CP,
unless otherwise stipulated by HCDE/CP. HCDE/CP may request confirmation of receipt of the Purchase Order from
V endar.
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HCDE/CP also may elect to require e-commerce functionality, in which Purchase Orders are sent directly to Vendor
and reported by the CP member to HCDE/CP on a specified basis. The e-commerce approach must be approved by
HCDE/CP prior to the start date of any Term of the Contract.
5.27 Invoices; Payments
SZ7.1 Invoice Submission
Vendar shall submit invoices, in duplicate, directly to HCDE/CP or the CP member at the appropriate
location(s) specified by HCDE/CP or the CP member. Each invoice shall include HCDE's or the CP member's
Purchase Order number and HCDE/CP Contract Number. All invoices shall be itemized to include the type of
product(s) and/or service(s) rendered. Vendor shall submit invoices within a timely manner during HCDE's or
the CP member's fiscal year in which the product(s) and/or service(s) are purchased. The shipment tracking
number or pertinent information for verification of HCDE's or the CP member's receipt shall be made available
upon request by HCDE/CP or the CP member.
5.27.2 Invoice Payment
HCDE/CP or the CP member will make payments directly to Vendor. HCDE/CP or the CP member placing
the Purchase Order with Vendor shall alone be liable and/or responsible for payment for product(s) and/or
service(s) ordered and must be invoiced directly by Vendar. Neither HCDE/CP nor any CP member shall be
liable for the indebtedness of any one CP member.
5.27.3 Payment Terms
TEX. GOV'T. CODE § 2251.021 shall govern when payments are due to the Vendor. Payments are due to
Vendor by HCDE/CP and any CP member whose governing body meets only once a month or less frequently,
within forty-five (45) days after the later of the following: (1) the date HCDE/CP or the CP member receives
the products and services under the Contract; (2) the date the performance of the service under the Contract is
completed; or (3) the date HCDE/CP or the CP member receives an invoice for the products or service. For
CP members whose governing bodies meet more than once a month or more often, payments are due by those
CP members within thirty (30) days after the later of the following: (1) the date the CP member receives
product(s) under the Contract; (2) the date the perfarmance of the service under the Contract is completed; ar
(3) the date the CP member receives an invoice far product(s) or service(s). Vendor agrees to pay any
subcontractors the appropriate share of the payment received from HCDE/CP or the CP member not later than
the tenth (lOth) day after the date the Vendor receives the payment from HCDE/CP or the CP member.
The exceptions to payments made by HCDE, a CP member, and/or Vendor listed in TEX. GOV'T. CODE §
2251.002 shall apply to this Contract.
5.27.4 Remedies
In addition to all other rights and remedies that HCDE may have, HCDE shall have the right to setoff, against
any and all amounts due to Vendor by HCDE, whether due under this Contract or any other agreement between
HCDE (including any division of HCDE) and Vendor, any sums for which HCDE is entitled to under this
Contract, as determined by HCDE in its sole discretion, including, without limitation, sums due by Vendor to
HCDE as a result of indemnification obligations, warranty claims, and/or HCDE/CP Administrative Fee(s).
SZ8 Reporting
The Vendor shall provide HCDE/CP with a detailed monthly report showing the total dollar volume of all sales
under this Contract for the previous month in Microsoft Excel format, in the format and with the information
specified by HCDE/CP. Reports are due on the fifteenth (15) day of the month, after the close of the previous month
and shall provide information regarding Purchase Orders during the previous month. Vendor is responsible for
collecting and compiling all sales under this Contract from all CP members and submitting one (1) consolidated
monthly report. The monthly report shall include, at a minimum, the date of each Purchase Order, Purchase Order
number, CP member name, city/town, and Purchase Order total dollar amount.
The Vendar shall provide HCDE/CP with velocity/usage reports within five (5) business days of any request by
HCDE/CP for such reports.
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Reports shall be submitted in an electronic format to supplyreportin�(a�choiceparmers.org or if food related to
foodreportin� ,choicepartners.or�.
5.29 Pricing Changes
All prices and discount percentages in Vendar's proposal shall be %rm far the Term of this Contract. Pricing may
be negotiated during the Contract renewal period. In the event Proposer's prices will be adjusted or escalated upon
a renewal (if any) of the fixed-price contract awarded pursuant to this RFP, Proposer must indicate such in its
proposal. Indicate any list price adjustment Vendor intends on providing during the Term of this Contract and on
what it is based. For example: CPI, MSRP, Price List, Website Pricing. Vendor agrees to promptly lower the
proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is
paying suppliers. All pricing submitted to HCDE/CP in Vendor's proposal shall include the administrative fee to
be remitted to HCDE/CP by Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with
HCDE/CP. For all pricing changes, including at renewal and during the Term, all price changes shall be presented
to HCDE/CP for acceptance or rejection by HCDE/CP, in its sole discretion, using the same format as was accepted
in Vendor's original proposal; all price changes for products and/or services provided under this Contract must be
approved, in writing, by HCDE/CP prior to taking effect.
The following documentation shall be provided to support a request for a price change:
5.29.1 justiiication for change/increase
5.29.2 terms and conditions
5.29.3 market conditions
5.29.4 manufacturers'/distributors' impact, if any
All price decreases shall be allowed for all products and/ar services.
5.30 HCDE/CP Administrative Fee
HCDE/CP will invoice Vendor far the HCDE/CP Administrative Fee of 2%. The invoice far the Administrative
Fee will be based on total sales made through this Contract. Vendor shall remit payment of the HCDE/CP Fee to
HCDE/CP no later than thirty (30) days following the end of the month. Failure to pay the HCDE/CP
Administrative Fee in a timely manner may result in Vendor breaching this Contract and may result in HCDE/CP
suspending or terminating this Contract. Vendor shall honor and pay HCDE/CP the HCDE/CP Administrative Fee
for any sales resulting from this Contract that occurred within thirty (30) days of the expiration or termination of
this Contract. All rebates, discounts, and other applicable credits granted by Vendor as a result of any Supplemental
Contracts entered into between Vendor and CP members shall accrue exclusively to CP member(s).
5.31 Records Retention
Vendar shall maintain its records and accounts in a manner that shall assure a full accounting far all product(s)
and/or service(s) provided by the Vendor to HCDE/CP and/or CP members under this Contract. These records and
accounts shall be retained by Vendor and made available for review and copying by HCDE/CP and CP members
for a period of not less than three (3) years from the date of completion of the service(s), receipt of product(s),
the date of the receipt by HCDE/CP or the CP member of Vendor's final invoice or claim for payment in connection
with this Contract, or the date HCDE/CP or the CP member makes final payments and closes pending matters in
connection with a federal grant, whichever is later. If an audit or a compliance review has been announced, the
Vendor shall retain its records and accounts until such audit or compliance review has been completed.
When federal funds are expended by HCDE ar any CP member pursuant to this Contract, Vendor certifies that it
will comply with the record retention requirements detailed in 2 CFR § 200334. Vendar further certifies that Vendor
will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit
fmal expenditure reports ar quarterly or annual financial reports, as applicable, and all other pending matters are
closed.
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5.32 Right to Review, Audit and Inspect
HCDE/CP, CP members, any federal agency that has awarded federal funds/grant(s) to HCDE/CP or a CP member,
and the Comptroller General of the United States, and/or any of their authorized representatives, shall, upon written
notice, have the right to audit and examine all of Vendor's records and accounts relating to this Contract and inspect
any project performed by the Vendor relating to this Contract. Records subject to audit/review shall include, but
are not limited to, all Purchase Orders resulting from this Contract and recards which may have a bearing on matters
in connection with the Vendor's work for HCDE/CP and/or CP members, and shall be open to inspection and
subject to audit/review and/or reproduction by HCDE/CP, CP member, and/or their autharized representative(s) to
the extent necessary to adequately permit evaluation and veriiication of:
5.32.1 Vendor's compliance with this Contract and the requirements of the RFP.
5.32.2 Compliance with procurement laws, policies, and procedures, including, without limitation,
reviewing/comparing pricing on invoices for HCDE/CP and/or CP members.
5.32.3 Compliance with provisions for computing billings to HCDE/CP and/or to CP members.
5.32.4 Any other matter related to this Contract.
5.33 Indemnification
VENDOR SHALL INDEMNIFY AND HOLD HARMLESS HCDE/CP AND EACH CP MEMBER,
INCLUDING HCDE'S AND CP MEMBERS' TRUSTEES, OFFICERS, ADMINISTRATORS, EMPLOYEES,
AND AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES,
ATTORNEYS' FEES, FINES, PENALTIES OR DAMAGES ARISING FROM ACTS OR OMISSIONS OF
VENDOR, VENDOR' S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS
CONTRACT, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT
OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER CORRESPONDING RIGHT(S) WHICH IS
RELATED TO ANY ITEM VENDOR IS REOUIRED TO DELIVER. VENDOR'S OBLIGATIONS UNDER
THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND PAYMENT BY HCDE/CP OR THE CP MEMBER.
5.34 Governing Law and Exclusive Venue
The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract. Any
dispute under this Contract involving HCDE/CP must be brought exclusively in the state and federal courts located
in Houston, Harris County, Texas. Any dispute not involving HCDE/CP but involving a CP member and Vendor
shall be governed by the laws of the state of the CP member, without regard to its provisions on conflicts of laws,
and exclusive jurisdiction and venue shall lie in the city, county, and state of the CP member.
5.35 Multiple Contract Awards; Non-Exclusivity
HCDE/CP reserves the right to award multiple contracts under the RFP, including multiple contracts for each
product/service category. Product/Service categories are established at the sole discretion of HCDE/CP. HCDE/CP
will base a recommendation far contract award, including whether to award a single or multiple contracts, based
on the evaluation factars listed in this RFP; contracts will be awarded to proposers with a minimum score of 70 to
be considered for award.5 Nothing in this Contract may be construed to imply that Vendor has the exclusive right
to provide products and/or services to HCDE/CP and/ar CP members. During the Term of this Contract, HCDE/CP
and CP members reserve the right to use all available resources to procure other products and/or services as needed
and doing so will not violate any rights of Vendor. If a vendor has an existing HCDE/CP contract in the same
contract title, upon award the new contract will immediately supersede the older contract.
5.36 New Products
New products that meet the speciiications detailed in the RFP may be added to this Contract, with prior written
approval from HCDE/CP. Pricing of any new products shall be equivalent to the percentage discount or proposed
prices far other similar products. Vendor may replace or add products to the contract if: the replacing products are
equal to or superior to the original products offered or discounted in a similar degree or to a greater degree and the
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products meet the requirements of the RFP. No products may be added to avoid competitive procurement
procedures. HCDE/CP may reject any proposed additions, without cause, in its sole discretion.
5.37 No Substitution; Product Recall
Any Purchase Order issued pursuant to this Contract shall conform to the speciiications and descriptions identified
in this Contract and the RFP. Vendor shall not deliver substitutes without prior written authorization from
HCDE/CP ar the CP member.
If a product recall is instituted on any good that has been furnished and delivered to HCDE/CP ar any CP member,
Vendar must immediately (i.e., within 24 hours but preferably sooner) notify the purchasing agent of HCDE/CP
and the purchasing CP member by e-mail or in writing and must include all pertinent information relating to the
recall. If Vendor is unable to contact the purchasing agent, Vendor must contact the Director of Purchasing of
HCDE/CP and the purchasing CP member. Vendor will be responsible for all costs associated with replacing the
recalled product, including replacement cost, shipping charges, etc. This requirement shall survive payment and
acceptance of the goods.
5.38 Penalties
If the Vendar is unable to provide the product(s) or services at the prices quoted in Vendor's proposal or if Vendor
fails to fulfill or abide by the terms and conditions of the Contract, the RFP, or a Supplemental Contract, HCDE/CP
or the CP member may take the following action(s), in the sole discretion of HCDE/CP ar the CP member, and
Vendar agrees to comply with the chosen action(s):
5.38.1 Insist that the Vendor honor the quoted price(s) specified in Vendor's proposal or the Supplemental Contract,
as applicable;
5.38.2 Have the Vendor pay the difference between the Vendor's price and the price of the next acceptable proposal,
as determined by HCDE/CP or the CP member;
5.38.3 Have the Vendor pay the difference between Vendor's price and the actual purchase price of the product or
service on the open market; and/or
5.38.4 Recommend to HCDE Board of Trustees that the Vendor no longer be given the opportunity to submit a
proposal to HCDE/CP and/or that this Contract be terminated.
5.39 Promotion of Contract Marketing Plan
The marketing of Vendor's company, product, and/or services shall be the sole responsibility of Vendor. HCDE/CP
may only supply Vendor with CP members' contact lists that contain name, address, phone numbers, and/or email
addresses. Other items geared toward the joint-marketing of HCDE/CP and Vendor's company, product, and/or
services shall be at HCDE/CP's sole discretion. Encouraging CP members to circumvent this Contract by
purchasing directly from Vendor may result in suspension or termination of this Contract. For so long as this
Contract is valid and enfarceable between the parties, Vendor agrees to display the CP seal in its marketing
collateral materials, such as Vendor's website and related marketing materials. Vendar shall submit all promotional
materials to HCDE/CP and obtain written approval before Vendar fnalizes or publishes promotional material
bearing the HCDE/CP or HCDE/CP name or seal. Vendor may not release any press release or other publication
regarding this Contract or HCDE/CP unless and until HCDE/CP first approves the press release or publication in
writing.
5.40 Website Support
Vendor agrees to cooperate with HCDE/CP in publicizing contract particulars on the CP website. Vendor also
agrees to work with HCDE/CP in updating and maintaining current information on Vendor activities related to the
Contract on the CP website. Vendor agrees to provide an electronic version of its logo for use on the CP website
upon Contract award and provide other information as reasonably requested by HCDE/CP to help ensure that the
CP website is current and consistently updated.
5.41 Safety
Vendar, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state,
and local safety and health laws, ordinances, rules, and regulations in the performance of services under this
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Contract, including, without limitation, those promulgated by HCDE/CP, CP members, and by the Occupational
Safety and Health Administration ("OSHA"). In case of conflict, the most stringent safety requirements shall
govern. Vendor shall comply with all other safety guidelines and standards as required by HCDE/CP or CP
members. Vendor shall indemnify and hold HCDE/CP and/or the CP member harmless from and against all claims,
demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor's
obligations under this provision.
5.42 Workforce
Vendar shall employ only orderly and competent workers, skilled in the performance of the services, if any, which
shall be performed under this Contract. Vendor, its employees, subcontractors, and subcontractor's employees may
not use ar possess any frearms, alcoholic ar other intoxicating beverages, illegal drugs or controlled substances
while on the job or on HCDE/CP and CP members' property, nor may such workers be intoxicated or under the
influence of alcohol or drugs on HCDE/CP and CP members' property.
5.43 Supplemental Contracts
A CP member and Vendor may enter into a separate, Supplemental Contract. Any Supplemental Contract developed
as a result of this Contract and/or the RFP is exclusively between the CP member and Vendor and shall have no
effect or impact on HCDE, any other CP member, or this Contract. Any Supplemental Contract between Vendor
and a CP member is exclusively between that specific CP member and Vendar and will be subject to immediate
cancellation by the CP member (without penalty to the CP member) if, in the opinion of the CP member, the quality,
service, and speciiication requirements, and/ar the terms and conditions are not maintained as stated in the
Supplemental Contract. Vendor shall promptly notify HCDE/CP of any Supplemental Contract executed between
Vendor and a CP member.
5.44 Insurance
Vendor is required to provide HCDE/CP and/or the CP member with copies of certificates of insurance, naming
HCDE/CP and/or the CP member as additional insured's for Texas Workers Compensation and General Liability
Insurance, within 14 business days of contract award and prior to the commencement of any work under this
Contract. Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each
policy, and policy number shall be delivered to HCDE/CP and/or the CP member prior to commencement of any
work under this Contract. The insurance company insuring Vendor shall be licensed in the State of Texas ar the
state in which the CP member is located, and shall be acceptable to HCDE/CP and/or the CP member. Vendar shall
give HCDE/CP or the CP member a minimum of ten (10) days' notice prior to any modifications or cancellation
of said policies of insurance. Vendor shall require all subcontractors performing any work under or relating to this
Contract to maintain coverage as specified below. Vendor shall, at all times during the Term of this Contract, maintain
insurance coverage with not less than the type and requirements shown below. If the CP member has higher insurance
requirements than those listed below, such may be added to the Purchase Order. Such insurance is to be provided at
the sole cost of the Vendor. These requirements do not establish limits of Vendor's liability.
All policies of insurance shall waive all rights of subrogation against HCDE, CP members, and HCDE/CP and CP
members' officers, employees and agents.
Upon request, certifed copies of original insurance policies shall be furnished to HCDE/CP and/ar to CP members.
HCDE/CP and the CP member, as requested, shall be named as an"additional insured" on insurance policies except
worker's compensation.
HCDE/CP and the CP member reserve the right to require additional insurance should HCDE/CP or the CP member
deem additional insurance necessary, in their sole discretion.
5.44.1 Workers Compensation
Workers Compensation (with waiver of subrogation to HCDE/CP and the CP member) Employer's Liability,
including all states, U.S. Longshoremen, Harbar Workers and other endorsements.
5.44.2 Statutory and Bodily Injury by Accident
Statutory and Bodily Injury by Accident $100,000 each employee. Bodily Injury by Disease: $500,000, policy
limit $100,000 each employee.
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RFP #24/043SG Award Jackets, Apparel, Uniforms, Screen Printing, and Embroidery
5.44.3 Commercial General LiabiGty
Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations,
Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury
Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout,
cratering and underground damage. $300,000 each occurrence Limit Bodily Injury and Property Damage
combined. $300,000 Products-Completed Operations Aggregate Limit $500,000 per Job Aggregate. $300,000
Personal and Advertising Injury Limit.
5.44.4 Automobile Liability Coverage
$300,000 Combined Liability Limits Bodily Injury and Property Damage Combined.
5.45 Participation in HCDE/CP
Vendor acknowledges and agrees that continued participation in the HCDE/CP cooperative purchasing program is
subject to HCDE/CP's sole discretion and that Vendor may be removed from the HCDE/CP prob am at any time,
with or without cause, in HCDE/CP's sole discretion. All work resulting from this Contract must cease immediately
after completion of the final accepted Purchase Order. Nothing in this Contract or in any other communication
between HCDE/CP and Vendor may be construed as a guarantee that HCDE/CP or CP members will submit any
Purchase Order to Vendor at any time.
5.45.1 HCDE Participation Requirements
At a minimum, to continue participation in the HCDE/CP cooperative purchasing program, Vendor must:
a. Submit detailed monthly reports of all sales activity, including all sales and contracts where HCDE is
the lead agency (such report is required even if there is no sales activity for a given month);
b. Timely remit Administrative Fee(s) to HCDE/CP;
c. Market Choice Partners, including inclusion of CP seal on Vendor's website, development and
execution of marketing plan, and participation in at least #3 of marketing events (such as trade shows
and conferences) annually;
d. Maintain a minimum annual sales activity of $15,000;
e. Completion of all required forms (such as Farm 1295, EDGAR Certifications, etc.); and
f. Maintain required insurance and submit updated certificate(s) to CP annually
5.46 No Agency or Endorsements
It is the intention of the parties to this Contract that Vendor is independent of HCDE/CP and CP members, is an
independent contractor, and is not an employee, agent, joint venturer, or partner of HCDE/CP or any CP member.
Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer
and employee, agent, joint venturer or partner, between HCDE/CP and Vendor, any CP member and Vendor,
HCDE/CP and any of Vendor's agents, or any CP member and any of Vendor's agents. Vendor has no power or
authority to assume or create any obligation or responsibility on behalf of HCDE/CP or any CP member, and
HCDE/CP and HCE members have no power ar authority to assume or create any obligation or responsibility on
behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture,
nor shall it be construed or deemed an endorsement of a specific company or product. Vendor agrees that HCDE/CP
and CP members have no responsibility for any conduct of any of Vendor's employees, agents, representatives,
contractors, or subcontractors.
5.47 EqualOpportunity
lt is the policy of HCDE/CP not to discriminate on the basis of race, color, national origin, gender, limited English
proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or
applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms,
conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age
(except where based on a bona f de occupational qualif cation), sex (except where based on a bona fide occupational
qualification) or race, color, religion, national origin, or ancestry. Vendar further agrees that every subcontract
entered into for the performance of this Contract shall contain a provision requiring non-discrimination in
employment herein specified binding upon each subcontractor. Breach of this covenant may be regarded as a
material breach of the Contract.
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RFP #24/043SG Award Jackets, Apparel, Uniforms, Screen Printing, and Embroidery
5.48 Force Majeure
Neither HCDE, any CP member, or Vendor shall be deemed to have breached any provision of this Contract as a
result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of
God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires,
transportation contingencies, interruptions in third-parry telecommunications or Internet equipment or service, other
catastrophes, or any other occurrences which are reasonably beyond HCDE, any CP member, ar Vendor's control.
HCDE, CP members, and Vendar are required to use due caution and preventive measures to protect against the
effects of farce majeure, and the burden of proving that a force majeure event has occurred shall rest on the party
seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the
other parties in writing, citing the details of the force majeure event and relief sought, and shall resume performance
immediately after the obstacles to performance caused by a force majeure event have been removed, provided the
Contract has not been terminated. Delay or failure of performance, by either parry to this Contract, caused solely
by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. HCDE,
CP members, and Vendor shall not have any claim for damages against any other party resulting from delays caused
solely by force majeure. Notwithstanding any other provision of this Contract, in the event the Vendor's
performance of its obligations under this Contract is delayed or stopped by a force majeure event, HCDE/CP shall
have the option to terminate this Contract. This section shall not be interpreted as to limit ar otherwise modify any
of HCDE's or CP members' contractual, legal, or equitable rights.
5.49 Severability
In the event any one ar more of the provisions contained in this Contract shall far any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it.
5.50 Waiver
No failure on the part of either party at any time to require the performance by the other party of any term hereof
shall be taken ar held to be a waiver of such term or in any way affect such party's right to enforce such term, and
no waiver on the part of either party of any term hereof shall be taken or held to be a waiver of any other term
hereof ar the breach thereof. No waiver, alteration, or modification of any of the provisions of this Contract shall
be binding unless in writing and signed by duly authorized representatives of the parties hereto.
5.51 Entire Agreement
The Contract, the RFP, Vendor's proposal submitted in response to the RFP, the attached and incorporated
attachments, addendum, and/or exhibits, if any, and the Supplemental Contract, if any, contain the entire agreement
of the parties relative to the purpose(s) of the Contract and supersede any other representations, agreements,
arrangements, negotiations, or understandings, oral or written, between the parties to this Contract. In the event of
a conflict between this Contract and the RFP or Vendor's proposal submitted in response to the RFP, this Contract
shall control. In the event of a conflict between the RFP and Vendor's proposal submitted in response to the RFP,
the RFP shall controL This Contract supersedes any conflicting terms and conditions on any Purchase Order,
invoices, checks, order acknowledgements, forms, purchase orders, ar similar commercial documents relating
hereto and which may be issued by Vendor after the Effective Date of this Contract.
In addition to this Contract, a Supplemental Contract between Vendor and the CP member may be established to
further detail the terms and conditions of the CP member's specific project. In the event of a conflict between this
Contract and the Supplemental Contract, as to HCDE, this Contract shall prevail. In the event of a conflict between
this Contract and the Supplemental Contract, as to the CP member, the Supplemental Contract shall prevail unless
the Supplemental Contract states otherwise.
5.52 Interpretation
Vendar agrees that the normal rules of construction that requires that any ambiguities in this Contract are to be
construed against the drafter shall not be employed in the interpretation of this Contract.
5.53 Notice
Any notice provided under the terms of this Contract by the parties to any other shall be in writing and shall be
given by hand-delivery or by certiiied ar registered mail, return receipt requested. Notice shall be sufficient if made
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or addressed to the party at the address listed in the signature line of this Contract. Notice shall be deemed effective
upon receipt. Each parry may change the address at which notice may be sent to that party by giving notice of such
change to the other party by certified mail, return receipt requested.
5.54 Captions
The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are
not to be considered in the interpretation of any part hereof.
5.55 Authorized Distributors/Order Fulfillers
"Authorized Distributors/Order Fulfillers" means an agent, affiliate, subcontractor, vendor, reseller, manufacturer,
publisher, distributor, order fulfiller, franchisee, or other person or entity designated or directed by Vendor to
provide products or services in performance of, related to, or in support of the Contract and/or a Supplemental
Contract issued pursuant to the Contract. HCDE agrees to permit Vendor to utilize Authorized Distributors/Order
Fulfillers designated by Vendor to provide service, sales and support to HCDE and CP members under the Contract.
5.55.1 Vendor Responsibility
Vendor may designate Authorized Distributors/Order Fulfillers to act as the distributors for products and
services available under the Contract. Vendar shall provide HCDE with the following Authorized
Distributor/Order Fulfiller infarmation: Authorized Distributor/Order Fulfiller's name, business address, and
contact person email address and phone number. Vendor may add or delete Authorized Distributors/Order
Fuliillers throughout the term of the Contract upon written authorization by HCDE/CP.
5.55.2 HCDE/CP Determination
HCDE reserves the right to require Vendor to rescind any Authorized Distributor/Order Fulfiller's participation
relating to the Contract or to request that Vendor name additional Authorized Distributors/Order Fulfillers
should HCDE determine either is in the best interest of HCDE and/or CP members.
5.55.3 CompGance
Vendar shall ensure that its Authorized Distributors/Order Fulfllers legally agree to comply with the terms
and conditions of the Contract, including, without limitation, the pricing, purchase order, invoice and payment,
CP Administrative Fee, and warranty provisions therein. When an Authorized Distributor/Order Fulfiller acts
as the distributor for products and services available under the Contract, the Authorized Distributor/Order
Fulfiller shall be liable and responsible for the fulfillment of the obligations under the Contract and any
Supplemental Contract entered into between the Autharized Distributor/Order Fulfiller and purchasing CP
member as well as all other obligations imposed on "Vendor" under the Contract.
5.56 USDA/TDA Special Terms and Conditions
The following terms and conditions apply to all procurements and purchases involving federal School Nutrition
Program funds. In the event of a conflict or inconsistency between the following terms and conditions and any
provision of the Agreement, the procurement solicitation issued by HCDE, or the portion of Vendor's proposal
submitted in response to HCDE's procurement solicitation that is satisfactory to HCDE, the following terms and
conditions shall control.
5.56.1 Market Basket Analysis
HCDE/CP reserves the right, in its sole discretion, to use a"Market Basket Analysis" method, as that term is
deimed by applicable USDA/TDA regulations and guidance. The Market Basket Analysis sample is
established to represent 75% of the total estimated value of the Contract. The most recent velociry/sales
report(s) from HCDE/CP's current supplier(s) was used to project the balance of the year and adjusted for any
estimated change in menu and participation for the following year. As a result, this list of [ 100] goods to be
purchased under this procurement solicitation and any resulting Contract includes the top [60] goods purchased
by dollar volume representing the 75% threshold. Prices for the remaining [40] goods listed in this procurement
solicitation should also be included, though they will not be a part of the Market Basket Analysis. The Market
Basket Analysis shall not be used for service or equipment contracts/procurement solicitations or for Fee-For-
Service Processing contracts.
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5.56.2 Material Change
If a material change (as the term is defined by TDA rules and regulations) to a contract entered into between
HCDE/CP and Vendor occurs, then the contract will not be renewed upon the conclusion of its term. Upon
the expiration of the term, HCDE/CP may issue a new RFP for the goods or services procured under the
previously-existing contract. Material change for purposes of this Section 5.56.2 means a modification that
substantially exceeds the terms of the original contract between HCDE/CP and Vendor.
5.56.3 Supplemental Contracts
Supplemental Contracts are entered into pursuant to the piggyback method delineated in the U.S. Department
of Agriculture directive SFSP02-2017. Should the "piggybacking" result in a material change to the Contract,
HCDE/CP will proceed under Section 5.56.2 of this RFP.
5.56.4 New Products
During the Term of a Contract awarded under this RFP, additional purchases not included in the original RFP
list and resulting awarded contract may become necessary and benefit HCDE/CP members. Vendor and
HCDE/CP agree that the aggregate value of added purchases during each year of the Contract (if renewed)
shall not exceed 10% of the estimated total value of the Contract. The total value of the Contract must be
agreed upon, and the dollar value listed in the Contract and each renewal term of the Contract (if any). For
purposes of this section, the total value of the Contract includes all contracts awarded as a result of the
procurement solicitation to all vendors. For the initial Term of a Contract awarded under this RFP, Vendor
and HCDE/CP agree that the total value of the Contract shall be $200 million. Additions of new products may
be included in the awarded Contract list during the renewal of the Contract through an amendment to the
Contract, and the total Contract value adjusted accordingly. For each renewal term of the Contract, the total
actual value of the Contract in the preceding year and the additional new product(s) made during that Term
will be the basis for determining the maximum dollar amount (not to exceed 10%) of the additional new
product(s) that will be allowed during the next Contract renewal term.
5.56.5 Bonds
Vendar shall provide all bonds, including bid guarantee, performance bond, and payment bond, as applicable
under U.S. Department of Agriculture and/or Texas Department of Agriculture rules.
5.56.6 Use by Other Governmental Entities
In the event that HCDE/CP allows other governmental entities to "piggyback" onto any existing contract
between HCDE and Vendor entered into pursuant to this procurement solicitation, Vendor agrees and
understands that such other governmental entities may include "school food authorities," as that term is defined
by USDA/TDA. Should the "piggybacking" result in a material change to the Agreement for purposes of
USDA/TDA purchases, HCDE/CP will proceed under the foregoing section entitled "Material Changes."
5.56.7 No Guarantee of Quantities
Quantities for purchases paid for with School Nutrition Program funds are subject to change for various
reasons, which include, but are not limited to the following: USDA commodity allocation(s), variations in
student population, production item substitution(s), changes in consumer taste or expectations, pricing, and
nutrition regulatory changes.
5.56.8 Buy American Act
The Buy American Act, set forth in 7 C.F.R. Part 210.21(d), requires that participants in the National School
Lunch Program and School Breakfast Program use the federal nonproiit food service funds, to the maximum
extent practical, to buy domestic commodities or products for Program meals. 7 CFR Part 210.21(d) defines a
"domestic commodity or product" as one that is either produced in the U.S. or is processed in the U.S.
substantially using agricultural commodities that are produced in the U.S. "Substantially" means that over 51
percent of the final processed product consists of agricultural commodities that were grown domestically.
Because many HCDE/CP members participate in the National School Lunch Program and School Breakfast
Program, HCDE/CP requires Vendor to certify whether its products are "domestic commodities or products",
as defined by 7 C.F.R. Part 210.21(d). Accardingly, Vendor agrees to provide certifcation and any necessary
documentation requested by HCDE/CP member that the food product was processed in the U.S. and the
percentage of U.S. content, by weight ar volume, in the food component of processed food products supplied
General eBid RFP (revised January 2024) Page 28 of 37
RFP #24/043SG Award Jackets, Apparel, Uniforms, Screen Printing, and Embroidery
to HCDE/CP members. A"domestic commodity or product" is defined as one that is either produced in the
U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as
provided in 7 C.F.R. 210.21(d). "Substantially" means that over 51 percent of the final processed product
consists of agricultural commodities that were grown domestically. When USDA Foods items are
manufactured into processed end products, 51% of resulting food products must be of United States origin.
Vendor certifies that Vendor shall provide food products that meet the Buy American provision. Vendor
further certifies that, in compliance with the Buy American provision, its products are "domestic
commodities or products" as defined by 7 C.F.R. § 210.21(d). Vendor further certifies that the food
products it supplies are processed in the U.S. and Vendor shall certify the percentage of U.S. content, by
weight or volume, in the food component of processed food products supplied to the District.
If Vendor is repetitively unable to provide domestic food products, HCDE/CP member may require Vendor to
provide evidence that Vendor is capable of fulfilling the terms and conditions of the Contract and specifically,
the Buy American provision. If HCDE/CP member determines that Vendor is not capable of fulfilling the
terms and conditions of the Contract and/or speciiically, the Buy American provision, HCDE/CP member may
terminate its Contract with Vendor. Vendor shall provide documentation that demonstrates that food products
meet the Buy American provision.
Vendor must notify the District if a delivery contains non-domestic products, so the District may approve
delivery as an exception to the Buy American provision. Vendor certifies that it will adhere to the notification
requirements for the Buy American provision.
Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception
may be approved by the CP member, upon request, by occurrence (i.e., delivery). Blanket exception approvals
are not allowed. The District must determine that the use of a non-domestic food product is appropriate, using
the USDA-prescribed questions in making the decision. See "Requirements for an Exception," ARM Section
17b Buy American, at p. 19 (August 12, 2020). Vendor agrees to provide information to the District that will
assist the District in this determination. The decision to purchase or accept delivery of a non-US product must
be made by the District. Vendor agrees to comply with all requirements imposed by applicable law,
USDA/TDA guidance, and the District concerning Buy American provision exceptions.
Vendar further agrees to provide HCDE/CP members with documentation verifying that a domestic product is
not available and the cost range is reasonable within a reasonable time upon request by HCDE/CP members.
In the event Vendor or Vendor's supplier(s) are unable or unwilling to certify compliance with the Buy
American Provision, or the applicability of an exception to the Buy American provision, HCDE/CP members
may decide not to purchase from Vendor and/or HCDE/CP may terminate the Contract if Vendor is incapable
of fulfilling the terms and conditions of the Contract, including the Buy American requirements.
Additionally, HCDE/CP members may require country of arigin on all products and invoices submitted for
payment by Vendor, and Vendor agrees to comply with any such requirement.
5.56.9 Records Retention
When school nutrition program funds are expended by HCDE or any CP member pursuant to this Contract,
Vendor certifies that it will comply with the record retention requirements promulgated by USDA/TDA.
Vendor further certifies that Vendor will retain all records as required by USDA/TDA for a period of five (5)
years after the end of the fiscal year to which the documentation/records pertain. Vendor further certifies that
these records must be accessible to appropriate HCDE/CP member and federal or state reviewers. See TDA
ARMS Manual, 17.107.
General eBid RFP (revised January 2024) Page 29 of 37
24/043SG Addendum 1
4imprint, Inc.
Supplier Response
Event Information
Number: 24/043SG Addendum 1
Title: Award Jackets, Apparel, Uniforms, Screen Printing, Embroidery
Type: RFP
Issue Date: 4/19/2024
Deadline: 5/24/2024 02:00 PM (CT)
Notes: Vendors considering a response to this RFP are advised to review the
RFP document in the attachments to understand the nature of the
proposed contract (Cooperative Contract) outlined in Section 1.0.
"Before asking does this bid include...?" review section 7.0
Specifications.
A preproposal meeting will be held virtually on Wednesday April
24, 2024, at 10:00 AM CT via the zoom link below. At the time of
the meeting please join via the link below.
Join Zoom Meeting
https://hcde-texas-org.zoom.us/j/83476840448?
pwd=dmx4bkRZK09KZGRmU01IdzJvbTVxQT09
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 1 of 18 pages
Meeting ID: 834 7684 0448
Passcode: 076773
---
One tap mobile
+13462487799,,83476840448#,,,,*076773# US (Houston)
+16694449171,,83476840448#,,,,*076773# US
---
Dial by your location
Meeting ID: 834 7684 0448
Passcode: 076773
Find your local number: https://hcde-texas-
org.zoom.us/u/kdw5YfCQYR
It is HCDE/CP policy not to discriminate on the basis of race, color,
national origin, gender, limited English proficiency or handicapping
condition in its programs. HCDE/CP is announcing the release of the
following Request for Proposal (RFP): 24/300SG for Digital/Internet
Instructional Applications, Platforms, Content, and Related Items. Bid
documents may be obtained at https://hcdeebid.ionwave.net. Any
questions related to this bid should be submitted
to https://www.choicepartners.org/current-rfps. Interested proposers
are encouraged to thoroughly read the RFP.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 2 of 18 pages
Contact Information
Contact: Steve Gibson
Address: 6300 Irvington Blvd.
(Return all proposals online)
Houston, TX 77022, TX 77055
Phone: 1 (713) 681-6052
Email: sgibson@hcde-texas.org
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 3 of 18 pages
4imprint, Inc. Information
Address: 101 Commerce St
Oshkosh, WI 54901
Phone: (888) 234-5797
Fax: (800) 355-5043
Toll Free: (888) 234-5797
Email: bids@4imprint.com
Web Address: www.4imprint.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Kristin Engh bids@4imprint.com
Signature Email
Submitted at 5/20/2024 02:04:46 PM (CT)
Requested Attachments
Catalog / Price List 4imprint
Link_to_online_catalog.docx
Upload the corresponding Price List, Catalog, or pricing location you indicated on Attributes 22-23.
10.0 Required Attachment New 10.0 Attachment
Packet_4imprint Final.pdf
Upload the completed, executed, dated, and electronically signed (ex: DocuSign) or wet signature documents.
of the bid closing to Choice Partners, 6005 Westview Drive, Houston, TX 77055 with the RFP number and title clearly
Texas Ethics Commission Form 1295 Form 1295 Certificate
101203893.pdf
Upload TEC Form 1295 with the unique number and form signed, HCDE/CP's acknowledgement of Form 1295 does
not mean HCDE/CP is making a recommendation of award to our Board.
Previous Work History 4imprint Work History.pdf
Describe sales experience with local government entities within the past 5 years and other sales or services within the
past 10 years.
QA/QC Program 4imprint Quality Narrative.pdf
Please upload your Quality Assurance/Quality Control Narrative . A template has been provided in the attachments
tab
Accreditations, Endorsements, Certifications or Licenses No response
Accreditations, Endorsements, Certifications, or Licenses that are industry-specific for this proposal.
Other Certifications No response
Upload certifications (ex. MWBE, HUB, SBE, PDBE, etc.) If you declared MWBE, HUB, SBE, or PDBE in attributes 17-
21, please attach those certifications here.
Marketing Plan 4imprint Marketing Plan.pdf
below a sample marketing flyer, email blast, etc. that you would use if awarded this contract.
Organization Chart and/or bios of key employees 4imprint Proposed Staffing
Plan.pdf
Please upload your company's organization chart and/or bios of key employees
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 4 of 18 pages
Financial Capability 4imprint Group plc - 2023 Audited
Financial Statements.pdf
Vendors financial capability (ex. Financial statement, balance sheet, etc.) for the last 3 years; stamped Confidential.
Insurance
Proof-of-Insurance_4imprint,-Inc-
_1-1-24-25-GL,-_12-29-
2023_2104573755_1.pdf
Upload a copy of your current certificate of insurance as stated in section 5.44
Company Logo 4imprint 2MP size.jpg
Upload your company logo
Exceptions to Contract 4imprint 24-043SG Terms and
Conditions Redlined.pdf
Exceptions and additional terms and conditions to the contract MUST be red-lined in the Terms and Conditions section
5.0 and uploaded here. Failure to include/upload these exceptions and/or additional terms and conditions may result
in non-award or rescindment of a contract and will result in non-acceptance of any exceptions and additional terms
and conditions. Any negotiations related to this must be finalized with sixty (60) days of RFP close date.
Response Attachments
4imprint Responsibility Annual Report 2023.pdf
4imprint Responsibility Annual Report
Annual Report 2022.pdf
Annual Audited report for 2022 and 2021
4imprint Choice Partners Proposal RFP 24-043SG.pdf
Proposal Document
4imprint logo BASIC spec req.jpg
4imprint logo specifications
Bid Attributes
1 Company Name
Please provide your Legal Company Name (as listed on Box 1 of W-9)
4imprint, Inc.
2 Company Street Address
Please provide your company street address.
101 Commerce St
3 Company City
Please provide your company city.
Oshkosh
4 Company State
Please provide your company state.
WI
5 Company Zip Code
Please provide your company zip code.
54901
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 5 of 18 pages
6 Company Phone
Please provide your company phone number.
(888) 234-5797
7 Company Website
Please provide your company's website address. A website is mandatory for consideration with this proposal. This
should be a page that describes the products/services for which you were awarded the contract - if you have many
products/services not within the award, it is best to create a unique landing page for our members.
https://www.4imprint.com
8 Company Description
Please provide a short description of your company (255 characters max). This information will be used on the
Choice Partners website to market your contract to our members.
4imprint is the leading provider of promotional products, including apparel, headwear, outwear which can be
decorated via embroidery, screen printing, direct-to-garment and other methods.
9 Geographic Coverage
Can your contract with Choice Partners be accessed locally, statewide, or nationally by our members?
Nationally
10 Geographic Coverage (Continued)
If "Statewide" or "Locally" was selected, please select the State covered.
If "Nationally", select N/A
N/A
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 6 of 18 pages
11 Regions Covered
If "Locally" was selected, please select which Education Service Center (ESC) Region(s) the vendor's
products/services can be offered.
If not, select "N/A"
A list of Regional Education Service Centers (ESC) is available:
Regional ESC - Map
00 - All Regions
01 - Edinburg
02 - Corpus Christi
03 - Victoria
04 - Houston
05 - Beaumont
06 - Huntsville
07 - Kilgore
08 - Mt. Pleasant
09 - Wichita Falls
10 - Richardson
11 - Fort Worth
12 - Waco
13 - Austin
14 - Abilene
15 - San Angelo
16 - Amarillo
17 - Lubbock
18 - Midland
19 - El Paso
20 - San Antonio
99 - N/A
12 Principal Place of Business
List the City and State of Vendor's principal place of business.
The following provision does not apply to a contract involving federal funds.
The State of Texas has a law concerning non-resident vendors. This law can be found in Texas
Education Code under Chapter 2252, Subchapter A. This law makes it necessary for HCDE to determine
the residency of its Vendors. In part, this law reads as follows:
refers to a person whose principal place of business is in this state, including a vendor whose ultimate
parent company or majority owner has its principal place of business in this state.
Section: 2252.002: "A governmental entity may not award a governmental contract to a non resident
bidder unless the nonresident underbids the lowest bid submitted by a resident bidder by an amount that
is not less than the amount by which a resident bidder would be required to underbid the nonresident
Oshkosh, WI
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 7 of 18 pages
13 Annual Sales
What is your company's annual sales volume in dollars?
$1300000000
14 Years in Business
How many years has your company been in business?
40
15 FTE's
How many full time employees (FTE's) does your company have?
1595
16 Employees in State
State whether the proposer or the proposer's ultimate parent company or majority owner employs at least 500
persons in this state (Texas).
No, our company does not have 500 or more in state
17 Minority and Women's Business Enterprise (MWBE/MBE)
Please indicate if your company is currently a MWBE/MBE. If your company is not a MWBE/MBE, please indicate by
selecting "None".
If selecting "Yes"please upload the appropriate certificate(s) in the Response Attachments Section of this RFP.
None
18 Historically Underutilized Business (HUB)
Please indicate if your company is currently certified as Historically Underutilized Business (HUB). If your company is
not a HUB, please indicate by selecting "None".
If selecting "Yes"please upload the appropriate certificate(s) in the Response Attachments Section of this
RFP.
None
19 Small Business Enterprise (SBE)
Please indicate if your company is currently certified as Small Business Enterprise (SBE). If your company is not
an SBE, please indicate by selecting "None".
If selecting "Yes" please upload the appropriate certificate(s) in the Response Attachments Section of this RFP.
None
20 Persons with Disabilities Business Enterprise (PDBE)
Please indicate if your company is currently certified as Persons with Disabilities Business Enterprise (PDBE).
If your company is not an PDBE, please indicate by selecting "None".
If selecting "Yes" please upload the appropriate certificate(s) in the Response Attachments Section of this RFP.
None
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 8 of 18 pages
21 Disadvantaged Business Enterprise (DBE)
Please indicate if your company is currently certified as Disadvantaged Business Enterprise (DBE). If your
company is not a DBE, please indicate by selecting "None".
If selecting "Yes" please upload the appropriate certificate(s) in the Response Attachments Section of this RFP.
None
22 Catalog Discount
Indicate any list price adjustment (percentage off) you intend on providing during the contract period.
Then, in the next attribute, what it is based on.
10% please see our attached pricing proposal section for details
23 Catalog Discount: If you listed a discount in the previous attribute, describe what that discount is based
on?
If you listed a discount in the previous question, describe what that discount is based on. (MSRP, Price List,
Vendor's Website Pricing, or Catalog).
(Example: 12% off our 2024 catalog)
Then. upload your pricing (catalog, price list, or precise internet location (url) of published pricing) in the Response
Attachments Section of this RFP.
The discount is from current pricing for items on the 4imprint website: https://www.4imprint.com, please see our
attached pricing proposal for details
24 Pricing / Payment Information
In addition to the typical unit pricing furnished herein, vendor agrees to offer all future product introductions at
prices that are proportionate to the contract price(s).
If selecting "No" please upload a statement detailing how pricing will be calculated for HCDE/CP Members in the
Response Attachments Section of this RFP.
Yes
25 Pricing / Payment Information (Continued)
Pricing submitted shall include the required CP administrative fee.
If selecting "No" your proposal will be deemed non-responsive.
Yes
26 Pricing / Payment Information (Continued)
Vendor agrees to remit to HCDE/CP the required administrative fee.
Yes
27 Pricing / Payment Information (Continued)
Additional discounts for purchase of a guaranteed quantity
Yes
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 9 of 18 pages
28 Pricing / Payment Information (Continued)
Pricing submitted includes all transportation charges (FOB Destination).
*Separate/additional transportation charges will not be paid by HCDE/CP or member.
No
29 Pricing/Payment Information (Continued)
Vendor will accept all forms of Purchase Orders.
Yes
30 Pricing/Payment Information (Continued)
Does the vendor require HCDE/CP member to provide Tax Exempt Forms for each Purchase Order?
No
31 Pricing/Payment Information (Continued)
Capable of handling Electronic Funds Transfer (EFT) payment(s).
If "yes", detail which EFT formats (CTX, CPT, etc.) vendor supports below on #33.
Yes
32 Pricing/Payment Information (Continued)
Please list supported EFT payment formats
CTX
33 Pricing/Payment Information (Continued)
Does the vendor require credit requirements of HCDE/CP and/or member prior to acceptance of a Purchase Order?
If "yes", describe the credit requirements below in attribute #33.
Yes
34 Pricing/Payment Information (Continued)
Describe credit requirements.
Our accounting team will review the credit information prior to terms (i.e., D&B) given unless members organization
has worked with us previously and has already been authorized for use of Purchase Orders.
35 Pricing/Payment Information (Continued)
Is vendor licensed for all states indicated in Attribute #11-12 Geographic Coverage?
If "no", list which state(s) vendor does not have required licenses and why below on #35.
Yes
36 Pricing/Payment Information (Continued)
List of state(s) vendor does not have licensing and why
N/A
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 10 of 18 pages
37 E-Commerce
Vendor has E-Commerce capabilities.
Yes
38 References
The vendor is to submit three (3) references that have contracted with their company to provide like products
and/or services. Include the entity name, phone number, contact person, and email address. It is recommended that
the vendor use school districts or other local governmental agencies equal to Choice Partners in size and structure,
if possible.
Please contact your references before including in this section. CP will send a brief email survey to
your references, so use current email addresses. References will have a very short response time, so
please encourage them to respond immediately when they receive our email.
Reference responses will affect your scoring.
39 Reference #1 Entity Name
List the entity name for Reference #1
Pasadena Independent School District
40 Reference #1 Contact Person
List the contact person for Reference #1
Derek Gillard
41 Reference #1 Phone Number
Include the phone number for Reference #1
(713) 740-0150
42 Reference #1 Email Address
List the email address for Reference #1.
Please confirm correct email address with your reference before submitting.
dgillard@pasadenaisd.org
43 Reference #2 Entity Name
List the entity name for Reference #2
The University of Alabama Tuscaloosa
44 Reference #2 Contact Person
List the contact person for Reference #2
Anna McJenkin
45 Reference #2 Phone Number
List the phone number for Reference #2
(205) 348-3209
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 11 of 18 pages
46 Reference #2 Email Address
List the email address for Reference #2.
Please confirm correct email address with your reference before submitting.
almcjenkin@ua.edu
47 Reference #3 Entity Name
List the entity name for Reference #3
Texas A&M
48 Reference #3 Contact Person
List the contact person for Reference #3
Kyle Pope
49 Reference #3 Phone Number
List the phone number for Reference #3
(979) 862-3366
50 Reference #3 Email Address
List the email address for Reference #3.
Please confirm correct email address with your reference before submitting.
Kyle.Pope@tamu.edu
51 Purchase Order/Quote Contact Name
Please list the contact name of the individual that is responsible for purchase orders and quotes from HCDE / CP
members
Government Team
52 Purchase Order/Quote Contact Phone Number
Please list the phone number of the individual that is responsible for purchase orders and quotes from HCDE/CP
members.
(877) 446-7746 x5523
53 Purchase Order Contact Email Address
Please list the email address of the individual that is responsible for processing and confirming purchase orders.
govrequests@4imprint.com
54 Marketing Contact
Please list the contact name of the individual that is responsible for marketing your company
Ben Thompson
55 Marketing Contact Phone Number
Please list the phone number of the individual that is responsible for marketing your company.
(877) 446-7746 x8226
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 12 of 18 pages
56 Marketing Contact Email Address
Please list the email address of the individual that is responsible for marketing your company.
bthompson@4imprint.com
57 Accounting Contact Name
Please list the contact name of the individual that is responsible for accounts payable for your company.
Accounts Receivable Team
58 Accounting Contact Phone Number
Please list the phone number of the individual that is responsible for accounts payable for your company.
(800) 982-8979
59 Accounting Contact Email Address
Please list the email address of the individual that is responsible for accounts payable for your company.
ar@4imprint.com
60 Administrative Fee Contact Name
Please list the contact name of the individual that is responsible for completing and returning monthly usage reports
for your company.
Jen Groskreutz
61 Administrative Fee Contact Phone Number
Please list the phone number of the individual that is responsible for completing and returning monthly usage
reports for your company.
(888) 239-6001
62 Administrative Fee Contact Email Address
Please list the email address of the individual responsible for completing and returning monthly usage reports for
your company.
jeng@4imprint.com
63 Monthly Usage Reporting
Monthly reports showing contract usage are a mandatory part of contract terms for this proposal.
Please indicate that you understand this commitment and will send reports monthly.
Yes, I understand and will send reports monthly
64 Conference Participation
Vendor agrees, as part of its marketing commitment, to participate in national, statewide or regional tradeshows or
conferences (three per year minimum).
Yes
65 SAM / UEI Number
Provide company's Unique Entity Identifier (UEI) number.
UEI is a 12-character alphanumeric ID assigned to an entity by System for Award Management (SAM.gov)
XK7UNSSLL833
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 13 of 18 pages
66 Invoice Information
A. Describe how vendor will invoice the HCDE/CP or CP member.
B. Discuss the invoicing options offered by vendor and the payment terms for each.
Our terms are Net 30 for orders paid for with a PO. We also accept credit cards with no processing fees, along
with ACH or check payments.
67 Online Order Link
Please provide website address for processing orders online (if applicable).
https://www.4imprint.com
68 How to Place an Order
Please provide brief description of how to place an order with your company using Choice Partners contract.
Choice Partners requires each vendor to reference the HCDE/CP contract number on all quotes, invoices, etc.
when using this contract.
When members contact us to request a quote or place an order, they will provide a code, for Choice Partners, we
have assigned CP10. This will prompt our team to note the contract number and apply the contracted discount to
If placing an order directly online, this code of CP10 can be added during the
cart shopping process to apply the discount as well.
69 Delivery
Does your company provide delivery of your supplies and equipment offered to members in our cooperative?
Yes
70 Freight Terms
Please provide your freight terms under this contract. Please include any levels for free freight in addition to how
the price for freight will be determined.
Freight shall be FOB Destination pre-paid and added.
71 Credit Card Acceptance
Can you take payments via credit card?
Yes
72 Credit Card Terms
Do you charge an additional fee for paying by credit card?
No additional charges
73 Texas Ethics Commission Form 1295
Please enter your confirmation number from the Texas Ethics Commission for form 1295 competition.
Upload your completed form in the Response Attachments Section of this RFP.
1295 reference information (if these links will save you valuable time)
https://www.ethics.state.tx.us/filinginfo/videos/Form1295/CreateCertificate/CreateCertificate.html
https://www.ethics.state.tx.us/filinginfo/videos/Form1295/FirstLogin-Business/Form1295Login-Business.html
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php
See our upload in No. 3 of Response Attachments
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 14 of 18 pages
74 Marketing Plan
How will you market your products/services with Choice Partners? A template in word has been provided
(Attachments tab) for your response. Please attach handouts, brochures and sample advertising in the Response
Attachments Section of this RFP.
75 Quality Assistance/Quality Control (QA/QC) Program
Please attach your company's response to the QA/QC questions in the Response Attachments Section of this
RFP. A template in word has been provided (Attachments tab) for your response.
Bid Lines
1 Percentage Discount
If you have a discount across your ENTIRE CATALOG you propose for Choice Partners members, enter that
here. Indicate any price adjustment (percentage off) you intend on providing during the contract period, the type
of pricing and on what it is based (MSRP, Price List, Website Pricing, Catalog). Then upload the
corresponding catalog, price sheet, or online location of price information (URL) in the Response
Attachments Section. Discount proposed here must match the response in Attribute 22.
Total:10%
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
2 Respondents Offering AWARD JACKETS (Letter Jacket) per the minimum spec in section 7 (See RFP
document in attachments tab).
Assume a minimum order of 20 and enter the unit cost for 1 Award Jacket, do not add shipping.
Make any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA No Bid
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order. Vendor should ensure that all
cost items (letters, material and size options, etc) are accounted for in vendors catalog / pricing.
3 Unit cost of a two-color screen-printed t-shirt, designs on front and back.
Gildan Ultra Cotton T-Shirt (style G200), Hanes Beefy-T (style 5180), or Fruit of the Loom Heavy Cotton HD T-
Shirt (style 3930).
Other assumptions: customers choice of color, 2 color screen print on front and back, design provided by
customer in digital format.
Assume a minimum order of 50 and enter the unit cost of one finished shirt, do not add shipping. Make
any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA Unit Price:$11.03 Total:$11.03
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 15 of 18 pages
4 Unit cost of a polo with customer's logo embroidered on chest.
Nike Dri-FIT Polo (style 363807), or Adidas ClimaLite Polo (style A130).
Other assumptions: customers choice of shirt color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume a minimum order of 20 and enter the unit cost of one finished polo, do not add shipping.
Make any necessary clarifications using "Add Notes".
Quantity:1 UOM:EA Unit Price:$37.79 Total:$37.79
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
5 Unit cost of below Jacket with customer's logo embroidered on chest.
or equal (specs are here: https://www.apparelvideos.com/cs/CatalogBrowser?todo=ss&productId=J317 )
Other assumptions: customers choice of jacket color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume a minimum order of 20 Jackets and enter unit cost of one finished jacket, do not add shipping.
Must match above spec (at url) and name brand and item number in notes if pricing an "OR Equal". Make any
clarifications necessary using "Add Notes".
Quantity:1 UOM:EA Unit Price:$47.28 Total:$47.28
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
6 Unit cost to furnish below Work Pant (no logo or embroidery).
The Dickies Original 874 Work Pant
https://www.dickies.com/icons/874-work-pants
Other assumptions: customers choice of jacket color, single color logo (letters or image) embroidered, polyester
or rayon thread, 2,000-4,000 stitch count. 1-1/2" X 4" maximum size, logo design provided by customer in digital
format.
Assume minimum order of 15 pants men's sizes mix of sizes between 32 and 38 Waist and enter unit
cost of one work pant, do not add shipping.
Must match above spec (at url) and name brand and item number in notes if pricing an "OR Equal". Make any
clarifications necessary using "Add Notes".
Quantity:1 UOM:EA No Bid
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 16 of 18 pages
7 Enter Vendor's "Set up" cost for an initial order involving screen printing. Set up costs may include the
below, and may be reduced by the Vendor with substantial volume if appropriate to the order. Enter a not-to-
exceed set up cost for an initial order at your minimum order quantity. Make any clarifications necessary using
"Add Notes".
Screen Setup: Creating the screens needed for each color in the design. This process involves coating screens
with photosensitive emulsion, exposing them to UV light through the artwork, and washing out the unexposed
areas to create the stencil for printing.
Color Mixing: Preparing the ink colors required for the printing job. This may involve custom color matching to
accurately reproduce the colors in the customer's artwork.
Machine Setup: Preparing the screen printing equipment for the specific job, including setting up the printing
press, aligning the screens, and adjusting ink flow and squeegee pressure.
Test Prints: Printing a sample or test run of the design to ensure print quality and color accuracy before
proceeding with the full production run. This allows for adjustments to be made if necessary.
Cleanup and Maintenance: Cleaning screens, equipment, and work areas before and after the printing job to
maintain quality and prevent contamination between colors or jobs.
Labor Costs: The cost of skilled labor required to perform the setup tasks, including artwork preparation, screen
coating, machine setup, and printing.
UOM:EA Price:$36.00 Total:$36.00
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be attached
in the Response Attachments tab. These items are for apples-to-apples comparison between vendors
for evaluation purposes and not indicative or representative of an order.
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 17 of 18 pages
8 Set up cost for an initial order involving embroidering an apparel item. Set up costs may include the
below, and may be reduced by the Vendor with substantial volume if appropriate to the order. Enter a not to
exceed set up cost for an initial order at your minimum order quantity. Make any clarifications necessary using
"Add Notes".
Artwork Digitizing: Converting the customer's artwork or design into a digital format that can be read by the
embroidery machine. This process involves recreating the design using specialized embroidery software, which
generates instructions for the machine to follow.
Setup and Hooping: Setting up the embroidery machine for the specific garment and design. This includes
selecting the appropriate hoop size, positioning the garment on the hoop, and securing it in place for
embroidery.
Thread Selection: Choosing the thread colors required for the embroidery design. This may involve custom
color matching to accurately reproduce the colors in the customer's artwork.
Machine Setup: Preparing the embroidery machine for the specific job, including loading the selected thread
colors, selecting the appropriate stitch settings, and adjusting the machine for optimal performance.
Test Stitching: Embroidering a sample or test run of the design to ensure stitch quality and alignment before
proceeding with the full production run. This allows for adjustments to be made if necessary.
Cleanup and Maintenance: Cleaning the embroidery machine and work area before and after the embroidery job
to maintain quality and prevent contamination between orders.
Labor Costs: The cost of skilled labor required to perform the setup tasks, including digitizing the design,
machine setup, and embroidery.
UOM:EA Price:$31.50 Total:$31.50
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be
attached in the Response Attachments tab. These items are for apples-to-apples comparison
between vendors for evaluation purposes and not indicative or representative of an order.
Supplier Notes:Initial set up is $35.00 for orders of less than 24 pieces for most apparel items or less than 72
headwear items. There would be no additional costs unless additional imprint locations or
personalization is added.
9 Hourly rate for image / logo design services (if applicable).
UOM:EA Price:$0.00 Total:$0.00
Item Notes: Note: Responses on these lines are not a substitute for the vendor's full catalog / pricing to be
attached in the Response Attachments tab. These items are for apples-to-apples comparison
between vendors for evaluation purposes and not indicative or representative of an order.
Supplier Notes:Our logo design services are free of charge for customers when they are ordering items
10 If there are OTHER SERVICES for which the member will be charged an hourly rate, please enter your
HOURLY SERVICE RATE.
Use "Add Alternate" at right to specify rates for varying levels or categories of services and make any necessary
clarifications using "Add Notes."
UOM:EA No Bid
Response Total: $163.60
Vendor: 4imprint, Inc. 24/043SG Addendum 1Page 18 of 18 pages
n/a
9-22-25
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be 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 § 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) Avendor 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
9/16/25, 4:22 PM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE: 9/16/2025 REFERENCE **M&C 25-
NO.: 0840
CODE: P TYPE: CONSENT
M&C Review
F��T��o�7��
-��-
LOG NAME:
PUBLIC
HEARING:
13P COOP CP 24/043SG-01
PROMOTIONAL ITEMS ML
CITY
�L�]
SUBJECT: (ALL) Authorize Execution of an Agreement with 4imprint, Inc. Using a Choice Partners
Cooperative Contract to Purchase Award Jackets, Apparel, Uniforms, Screen Printing,
and Embroidery for an Annual Amount Up to $150,000.00 for the Initial Term and
Authorize Three One-Year Renewal Options for the Same Amount for City Departments
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with 4imprint, Inc using
Choice Partners Cooperative Contract No. 24/043SG-01 to purchase award jackets, apparel,
uniforms, screen printing, and embroidery for an annual amount up to $150,000.00 for the initial
term and authorize three one-year renewal options for the same amount for City Departments.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize an agreement with
4imprint, Inc that will be used by City Departments to purchase promotional, marketing, and
recruitment items for City of Fort Worth events on an as-needed basis. These items will include, but
will not be limited to; the purchase of apparel, uniforms, screen printings, bags, drinkware, stationery
items, awards, office supplies, items for wellness and safety, signage, and embroidery services.
FUNDING: The maximum annual amount allowed under this agreement will be $150,000.00; however,
the actual amount used will be based on the needs of each department and available
budgets. Funding is budgeted in the various accounts within the participating departments operating
budgets, as appropriated.
COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a
cooperative purchase agreement satisfies any state law requiring that the local government seek
competitive bids for the purchase of the item. Choice Partners contracts are competitively bid to
increase and simplify the purchasing power of government entities across the State of Texas.
The Request for Proposal for Choice Partners Cooperative Contract No. 24/043SG was published on
April 19, 2024, and April 24, 2024, and responses were opened on May 21, 2024. Choice Partners
contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable.
AGREEMENT TERM: The initial term of the agreement will begin upon execution and expire on July
28, 2026.
RENEWAL OPTIONS: In accordance with the terms of Choice Partners Cooperative No. 24/043SG-
01, there are three (3) year options to renew. The spending authority for the renewal period, if
exercised, will be in an amount up to $150,000.00. This action does not require specific City Council
approval provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not
require specific City Council approval as long as sufficient funds have been appropriated.
This project will serve ALL COUNCIL DISTRICTS.
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FISCAL INFORMATION/CERTIFICATION:
M&C Review
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO
�und Department Account Project Program I Activity Budget Reference # Amount
ID ID Year �_Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
4imprintSAMS.pdf (CFW Internal)
Form 1295 Certificate 101409481.pdf (CFW Internal)
SOS.pdf (CFW Internal)
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Midori Clark (7707)
Brandy Hazel (8087)
Martha Lopez (2059)
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