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HomeMy WebLinkAbout065690 - General - Contract - Laundry Cleaners Corp dba BluFoamsCity Secretary Contract No. 65690 FORT WORTH. VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WO TH ("City"), a Texas home rule municipal corporation, and LAUNDRY CLEANERS CORP DBA BLUFOAMS, ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services and Technical Proposal; and FT. WORTH, TX 3. Exhibit B — Payment Schedule 1. Scope of Services. Vendor shall provide uniform scrub rentals and laundry services for Fort Worth Animal Care and Control locations ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins when signed by the Assistant City Manager ("Effective Date") and expires one year from that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed One Hundred Thousand Dollars ($100,000.00). Vendor will not perform any additional 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Vendor Services Agreement Page 1 of 28 City Secretary Contract No. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. 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. In the event there is a request for information marked Confidential or Proprietary, City will 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. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, 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 will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and Vcndor Services Agreement Page 2 of 28 City Secretary Contract No. not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate Vcndor Services Agreement Page 3 of 28 City Secretary Contract No. with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assi n� Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. Vcndor Services Agreement Page 4 of 28 City Secretary Contract No. UP) (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Vcndor Services Agreement Page 5 of 28 City Secretary Contract No. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will 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 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Laundry Cleaners Corp dba B1uFoams Daniel Atelus, Project Manager 440 Louisiana Street, Suite 900 Houston, TX 77002 (305)902-9848 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vcndor Services Agreement Page 6 of 28 City Secretary Contract No. Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or its Exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming Vcndor Services Agreement Page 7 of 28 City Secretary Contract No. services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. 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 Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to Vcndor Services Agreement Page 8 of 28 City Secretary Contract No. the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. 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 City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 company 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 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. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vcndor Services Agreement Page 9 of 28 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: r)&KA" 894lAI'W Name: DDMAuBfi0gfkdbff 26 14:07: CDT) Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: C z Name: Chris McAllister Title: Assistant Code Compliance Director ATTEST: FORT °aa v F�.o...0?'°9.Id Fg P°8 yip By: Name: Unnette Goodall Title: City Secretary VENDOR: Laundry Cleaners Corp dba BluFoams By: �a�r1�Gt�Gr Name: Dftvikclt(telWg 12, 2026 12:14:56 EDT) Title: Project Manager 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: Sarah Rowley Title: Management Analyst II APPROVED AS TO FORM AND LEGALITY: By: A,) �'r aiviu_ Name: Amarna Muhammad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vcndor Services Agreement Page 10 of 28 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES AND VENDOR TECHNICAL PROPOSAL A. General Requirements Vendor shall provide a comprehensive uniform scrub rental program, including garment issuance, laundering, pickup, delivery, repair, replacement, and inventory management to both Fort Worth Animal Care & Control ("FWACC") shelters. ii. Uniforms shall be suitable for animal care environments and withstand the following, but not limited to, frequent laundering, exposure to animal hair, dander, disinfectants, medication, and bodily fluids. iii. Services shall be delivered in a manner that minimizes disruption to ongoing shelter operations. iv. Vendor shall provide a digital catalog of products for FWACC staff to review. V. The City, through FWACC Staff, shall make the final decision whether a uniform scrub is deemed unserviceable, and whether such damage is normal wear and tear or non -normal wear and tear. vi. FWACC will provide a list of employees and uniform quantity upon initial service setup. FWACC reserves the right to add, delete or modify the list of employees and uniform quantity throughout the term of this Agreement. B. Uniform Specifications Scrubs shall be commercially rated for institutional, medical, or animal care use. ii. Vendor shall provide a full range of sizes to properly fit all assigned staff. iii. Scrubs shall be returned clean, presentable, and free from excessive wear at each service cycle. iv. Uniform scrub tops shall be the following: a. Short Sleeve b. Single left chest patch pocket c. Piped Edge, Banded Modified, or Knit V-Neck d. Badge Loop (optional) V. Uniform scrub bottoms shall be the following: a. Antimicrobial Six -Pocket Cargo Style vi. Uniform scrub colors shall be the following: a. Navy Blue for Kennel Technicians b. Maroon for Veterinary Technicians Vendor Services Agreement Page 11 o1'28 City Secretary Contract No. c. Black for Superintendent, Supervisor, and Senior roles vii. The Vendor shall provide on -site sizing and fitting services for all employees at the start of the contract. For ongoing operations, the Vendor shall provide a standardized size chart or equivalent method to accommodate new employees. a. The Vendor shall ensure proper fit for all issued garments. C. City Logo and Identification i. All uniform scrubs shall include the City -approved "Molly" logo, as specified by FWACC. a. Placement would be the left part of the chest plate. b. Embroidery color will only be white or black as approved by FWACC. ii. Logo placement, size, color, and application method (e.g., embroidery) shall be subject to FWACC approval prior to production. iii. The Vendor shall repair or replace logos that become damaged, faded, or detached due to normal wear and laundering at no additional cost. iv. Replacement garments shall include identical City branding. D. Laundry and Cleaning Services Launder uniforms using commercial -grade equipment and hypoallergenic/ fragrant -free detergents suitable for sanitizing garments used in animal care environments. ii. Cleaning processes shall effectively remove odors, hair, stains, and biological contaminants. iii. Vendor shall comply with all applicable health, safety, and environmental regulations. iv. Uniforms shall be returned fully cleaned, dried, and ready for immediate use. E. Repairs — Normal Wear and Tear The Vendor shall perform repairs at no additional cost for normal wear and tear, including but not limited to: a. Loose or missing buttons or snaps b. Minor seam, hem, or stitching repairs c. Small (one (1) inch in length or less) fabric tears caused by routine use and laundering ii. Repairs shall be completed without reducing the employee's assigned uniform quantity. Vendor Services Agreement Page 12 ol' 28 City Secretary Contract No. F. Replacement — Normal Wear and Tear The Vendor shall replace, at no additional cost, any uniform scrubs deemed unserviceable due to normal wear and tear, including: a. Fabric deterioration b. Excessive fading c. Structural failure due to repeated laundering ii. Replacement garments shall be of equal or better quality and specification than the original item. G. Replacement — Non -Normal Wear and Tear The Vendor shall replace uniforms damaged due to non -normal wear and tear, including but not limited to: a. Intentional damage b. Negligence or misuse c. Damage from chemicals or substances outside standard animal care operations d. Animal bite rips of material ii. The full cost of replacement shall be charged in accordance with the contract pricing schedule. iii. The Vendor shall provide written justification and documentation identifying the damage and must receive FWACC written approval prior to invoicing. H. Inventory Management The Vendor shall maintain accurate records of uniforms issued per employee, including employee name, facility name & location, size issued, quantity, repair history, and replacement history. ii. Track uniforms by employee assignment and service cycle. iii. Provide inventory and usage reports upon request by FWACC. iv. FWACC will not be charged for garments lost by the Vendor. V. FWACC (Code Compliance) will be responsible for collecting uniforms from employees upon separation. The Vendor shall coordinate with FWACC for the return, reassignment, or replacement of garments as needed. I. Service Schedule and Coordination i. The Vendor shall provide pickup and delivery services to both FWACC animal shelter locations. a. 4900 Martin St, Fort Worth, TX 76119 Vendor Services Agreement Page 13 ol' 28 City Secretary Contract No. b. 351 Hillshire Dr, Fort Worth, TX 76052 I The Vendor shall accommodate shelter operating hours and minimize disruption to daily operations. a. Normal operating hours are 8:00 AM to 5:00 PM, Monday through Friday. iii. Pick-up and delivery schedules shall be coordinated with designated FWACC staff. iv. Standard service frequency shall be one (1) pickup and delivery per week. V. Any changes to service frequency, days, or times shall require advance coordination and FWACC approval. vi. The Vendor shall provide a designated account representative for scheduling, billing, and issue resolution. J. Quality Assurance Uniforms returned in unacceptable condition (e.g., unclean, damaged, excessive odor, or hair) shall be reprocessed or replaced at no additional cost. ii. Repeated quality deficiencies may result in corrective action, contract remedies, or contract termination. K. Vendor Technical Proposal 2.5 Technology Platform BluFoams operates on the CleanCloud commercial laundry management platform. extended 'Vith a custom BluFoams-branded customer application available on iOS and Android. This platform supports the digital product catalog required under RFP §3.1.4. and supports every inventory management requirement under §3.8: Garment -level tracking tied to individual employees, size, facility. and service cycle. Repair and replacement history by garment and by employee. Vendor Services Agreement Page 14 of 28 City Secretary Contract No. • Real-time pickup and delivery status visibility for the FWACC account representative. • On -demand inventory and usage reports available to FWACC at any time (§3.8.3 j. • Digital product catalog accessible by FWACC staff for garment revie%%. • Mobile app for in -field QR-scan based pickup and delivery confirmation. 2.6 Proprietary Compartment Locker Program BluFoams has designed. and operates a version of, a proprietary compartment locker program modeled on contact -free 2417 dispensing architecture. Features include: • Four -digit access code per user. rotated per cycle. • Mobile application notifications .!hen garments are delivered to the locker. • Contact -free garment exchange, accessible outside of normal business hours. • Custom branding (City of Fort Worth r' FWACC logo treatment available on locker facing panels. subject to FWACC approval). • Direct fit for RFP Bid Table Line Item #1-16 (Compartment Locker Rental Fee). For FWACC. this locker program is offered as an optional enhancement. It is particularly useful for staff %vorking outside the M—F 8:00 AM to 5:00 PN1 .Jndov.� described in §3.9.2.1 for example. animal care staff covering weekend or overnight rotations. If FWACC elects to deploy the program. BluFoams will coordinate site survey. electrical and data requirements. and locker installation at no additional setup cost beyond the unit rental fee quoted in our Bid Table response. Vendor Services Agreement Page 15 ol'28 City Secretary Contract No. 3. Technical Approach and Service Flare (RFP 8. . ) This section addresses RFP 58.3.2_ BluFoarns' overall approach to delivering the Services described in the Solicitation covering dedicated laundry equipment, garment management, laundering processes, quality control, and general service delivery approach. 3.1 Laundry Equipment Dedicated to the FWACC Contract BluFoams will dedicate the following commercial -grade laundry equipment from our production fleet to the execution of the FWACC scrub rental program_ Our combined wash capacity of 695 pounds per cycle and dry capacity of 350 pounds per cycle substantially exceeds the weekly throughput required by a 104-employee scrub program, 'leaning meaningful headroom for surge demand, non -normal damage replacements, and after-hours urgent service under RFP Bid Table Line Item #1-9_ Equipment Inventory Commercial Washer Commercial Washer Commercial Washer Commercial Washer Total Wash capacity Commercial Dryer Commercial dryer 2 75lb 150lb Smaller color -segregated batches (navy J maroon 1 black per RFP §3.2.6) 1 100 lb 100 lb Mid -size daily FWACC wash cycles 2 135lb 270lb High -volume consolidated FWACC intake 1 175 lb 175 lb Surge capacity for peak weeks and emergency turnarounds 6 — 695 lb J cycle 2 75 lb 150 lb Paired drying for smaller color -segregated batches 2 -100 lb 2f1CM Ib Primary drying for mid - and large -batch wash Lucycles Vendor Services Agreement Page 16 of 28 City Secretary Contract No. Total Dory Capacity 4 — 350 Ib a cycle Steam ! Hot dater 2 1.000 gallon 2,000 gallon Continuous Boiler sanitizing -grade hot water and steam supply Commercial Weight 1 — — Precise batch weighing Scale for detergent dosing and chemistry control Commercial Press 1 — — Professional finish Machine pressing before delivery to FWACC Capacity Analysis vs. FWACC Requirements Based on approximately 104 FWACC employees (confirmed in Addendum No. 1), an estimated five (5) scrub sets returned per employee per week, and an average scrub -set weight of approximately 1.5 pounds, the FWACC program is expected to generate approximately 780 pounds of garment throughput per week. BluFoams' 605-pound combined per -cycle wash capacity covers the entire weekly FWACC volume in approximately 1.1 wash cycles meaning the full contract can be serviced in a single production shift, leaving substantial remaining capacity for our other commercial clients and for any FWACC surge oremergency demand. Rode of Each Equipment Category in the FWACC Program Washers — six (6) units.. 695 lb combined capacity. Our washer fleet is sized to handle FWACC intake in color -segregated batches by role (navy blue for Fennel Technicians, maroon for Veterinary Technicians, black for Superintendent 1 Supervisor 1 Senior roles) per RFP §3.2.6. Segregated batch processing prevents color cross -contamination and ensures consistent finish quality across the life of the contract. Smaller 75 lb washers are reserved for color -specific runs and smaller -facility (351 Hillshire Drive) batches; the 135 lb washers handle consolidated higher -volume intake from the larger 4900 Martin Street shelter; and the 175, lb washer provides dedicated surge capacity for peak weeks, emergency tumarounds, and unscheduled -delivery obligations under RFP Bid Table Line Item #1-9. [fryers four (4) units. 350 lb combined capacity. Dryer capacity is matched to washer outputs so Latches move continuously from wash to dry with minimal staging time, preserving fabric life and enabling same -day turnaround from soiled intake to QC inspection and ready -for -delivery status. Vendor Services Agreement Page 17 of 28 City Secretary Contract No. 1,000-Gallon Boilers (x2, 2,OOO gallons total). Our dual -Moiler system supplies continuous sanitizing -grade hot water and steam to every wash cycle and to the press operation. Hot-water sanitization is the most reliable means of eliminating biological contaminants, animal dander, medication residues, and disinfectant residue from FWACC garments directly meeting RFP §3-4-2- The redundancy of two bailers ensures uninterrupted service even during routine maintenance of a single unit, so FWACC's weekly service cycle is never at risk of disruption. Commercial Weight Scale. Every FWACC batch is weighed before wash to precisely control detergent dosing, chemistry ratios, and wash -cycle selection- Precise dosing is essential for the hypoallergenic, fragrance -free chemistry required under RFP §3-4-1 underdosing risks incomplete cleaning, while overdosing leaves detergent residues that can irritate employee skin. The scale enables documented, repeatable process control - Commercial Press Lachine. Finished FVIIACC garments are pressed before delivery so that garments arrive back to staff in a presentable, ready-to-wear condition consistent with RFP §3.4.4. Professional pressing also extends garment life by realigning fabric fibers that are distorted during agitation, which in turn reduces the volume of normal wear -and -tear replacements required over the life of the contract - Embroidery and Delivery The "Molly" logo embroidery program required under RFP §3.3 is supported entirely through BluFoams' in-house embroidery capability. Embroidery is performed on commercial -grade machines operated by our own production staff at a BluFoams facility, under our direct quality control- In-house embroidery gives FWACC four meaningful advantages: (1) faster turnaround on initial production and on replacement garment re -branding, (2) consistent thread color and stitch quality across every garment issued over the life of the contract, (3) no reliance on a third -party embroiderer's schedule, pricing, or quality variation, and (4) the ability to immediately re -embroider garments flagged during QC for faded, unraveling, or detached logos at no additional cost to FWACC (§3-3.3). Pickup and delivery to both FWACC shelter locations is coordinated through BluFoams' Texas operations and the dedicated DFW service route described in Section 4- 3.2 Garment Management and Inventory Control BluFoams will establish and maintain a complete inventory of FWACC scrub garments tracked at the individual garment level, assigned to individual FWACC employees, and separately reported by facility (4900 Martin Street and 351 Hillshire Drive) - Initial Program Setup (Weeks 1-2 post -award) • Can -site sizing and fitting services for every FWACC employee at both shelter locations, conducted at times that minimize disruption to ongoing shelter operations (§3.2.51 §3-9.2)- • Assignment of role -based color categories: navy blue for Kennel Technicians, maroon for Veterinary Technicians, and black for Superintendent, Supervisor, and Senior roles (§3-2-6)- Vendor Services Agreement Page 18 of 28 City Secretary Contract No. • Issuance of an initial uniform set per employee sized to that employee's measurements, with each garment tagged and entered into our tracking system keyed to employee name, facility, size, and date issued (§3-8-1)- • Establishment of a digital product catalog accessible to FWACC staff for garment review, submission of sizing feedback, and request of size adjustments (§3-1-4)- Ongoing Inventory Management • Every garment carries a permanent identifier linking it to the assigned employee, facility, and service history- . Repair and replacement events are logged against the garment's identifier and the employee's profile, building a complete wear history over the life of the contract. • Inventory and usage reports will be made available to FWACC on demand and on a regular cadence to be confirmed with the FWACC account representative (§3.8.3)- • Garments lost by BluFoams will not be charged to the City under any circumstances (§3-8-4)- BluFoams accepts full financial responsibility for loss in our custody. Employee Separations When an FWACC employee separates from service, FWACC (Code Compliance) is responsible for collecting that employee's uniforms (§3-8-5). BluFoams will coordinate directly with IF'WACC on return receipt, condition assessment, and reassignment of garments to newly hired employees of compatible size. Replacement branding, if required, will be performed at no cost- 3.3 Laundering Process Every FWACC garment will be processed in accordance with the following protocol, developed for our healthcare and USCG clients and directly applicable to animal care environments, Soiled intake & Garments are received in sealed, marked transport sorting bags, scanned into the tracking system, and pre-sorted by role color, size class, and contamination level. Hair and debris removal Primary wash Animal hair, dander, and surface debris are removed via pre -wash agitation and lint -filtration specifically tuned for animal care soils (§3-4-2)- Commercial-grade industrial washing with hypoallergenic, fragrance -free detergents formulated for institutional sanitization (§3-4.1)- Wash Vendor Services Agreement Page 19 ol' 28 City Secretary Contract No. temperatures and cycle duration are tuned to garment fabric class- 4 Biological Sanitizing wash stage designed to neutralize neutralization biological contaminants, medications, disinfectant residues, and bodily fluid exposure (3-4-2). Rinse & finish Multi -stage rinse to remove detergent residues 5 (important for employees with skin sensitivity). No added fragrances. Drying & pressing Commercial drying to garment -specific moisture 6 targets, followed by pressing and folding to a presentable finish (3-4.4)- QC inspection Each garment is individually inspected for 7 cleanliness, odor, residual hair, stain removal, logo condition, seam integrity, and wear condition. 8 Repair or replace I Garments flagged for repair go to the repair workflow-, decision garments beyond repair are replaced at no charge for normal wear and tear (3-5 and §3.6)_ 3 Rack & tag Cleaned garments are packed by employee and facility, tagged for delivery, and scanned out of the processing systern. 10 Delivery Clean garments are delivered to the correct FWACC facility in time for staff use, with a verified delivery receipt captured through the BluFoams app- .4 Quality Control RFP 3-16-1 requires that garments returned in unacceptable condition (unclean, damaged, excessive odor, or hair) be reprocessed -or replaced at no additional cost- BluFoams goes further. every garment is inspected before it leaves our facility, and any garment that does not meet our internal CSC standard is reprocessed before delivery not after a complaint from FWACC. Quality Metrics WeWill Track and Report to i='li"i ACC • Percentage of garments that pass QC on first inspection (target: greater than 99%)- • Reprocess rate (target: less than 1 %). • FWACC-reported quality complaints per 1,000 garments delivered (target: less than 1). Vendor Services Agreement Page 20 of 28 City Secretary Contract No. • Can -tire delivery rate for scheduled pickup and delivery cycles (target: 100%). • Repair turnaround time for flagged garments (target: within one service cycle)_ • Non-nom7al damage replacement approvals (tracked against written FWACC authorizations per §3.7.3). 3.5 Service Delivery Approach BluFoars will deliver this program as a single, integrated service — garments, laundering, branding, pickup and delivery, repair, replacement, and inventory management under one accountable vendor, in compliance with the City's explicit requirement in RF'P §1.0 that proposals may not separate or exclude any portion of these services. From the FWACC Superintendent's perspective, the service will look like this. one phone call, one email, one app dashboard, one account representative: one invoice, and one standard of quality — with garments showing up clean, sized correctly, branded correctly, and on time every week_ Vendor Services Agreement Page 21 of 28 City Secretary Contract No. 4. Service Scheduling, Coordination, and Customer Support (FFP § 8.3.3) This section addresses RFP §8-3-3: how services will be scheduled, coordinated, and supported, incf«ding identification of a dedicated account representative, communication methods, and BluFoams' approach to handling service issues, requests, and ongoing coordination with the City_ 4.1 Dedicated Account Representative Account Daniel Atelus, Project Manager Representative Role Single accountable point of contact for FWACC on all scheduling, billing, service issues, and ongoing coordination (§3.9.6). Direct Mobile 786-231-8678 Main Line 305-380-3062 Primary Email FIU@blufoams-net Secondary Email 6626Iaundrycgmail.com Back-up Contact Geroges Coicou, Operations Director Escalation Patin Andrew Lorroy, GM 4.2 Standard Service Schedule Per RFP §3.9.4, standard service frequency is one (1) pickup and delivery per week per facility- Our proposed baseline schedule is- FWACC Shelter #1 FWACC S h alter #2 4900 Martin Street, Fort Worth, TX 76119 351 Hillshire Drive, Fort Worth, TIC 76052 One weekday, mid -morning (8:00 AM — 12:00 PM) Same weekday, afternoon (12,00 PM — 4:00 PM) Specific day of week and exact pickup 1 delivery windows will be finalized with the FWACC account representative during program kickoff (§3.9.3). Any change to frequency, day, or time will require advance coordination and FWACC approval (§3.9-5). Vendor Services Agreement Page 22 of 28 City Secretary Contract No. 4.3 Communication Methods FWACC will be supported through multiple parallel channels, sized to the priority of the issue: Direct mobile (text or call) Email (66261aundryCmgm ail.com) BluFoams mobile app Main line (3 05-902-9848) Scheduled monthly check -in Quarterly business review Urgent issues, after-hours requests, time -sensitive schedule changes Standard requests, documentation, invoicing questions Digital catalog access, order history, pickupJdelivery confirmation, photo -based issue reporting. Response within 2 hours (on -site) or 4 hours (off -site) Response within t business day Real-time, 247 availability General inquiries, billing, Staffed during business hours; additional service requests voicemail triaged within 4 hours Program review, quality metrics, any continuous improvement items Inventory, usage patterns, damage trends, upcoming changes 4.4 Handling Service Issues and Requests Standard Issue Resolution Flow In -person orvideo, FWACC's preference Formal written report plus review meeting • F'u'4'ACC :staff reports the issue via any of the five channels above (typically app or direct text to Daniel Atelus)_ • Issue is logged in our system with tirnestamp, description, photo if applicable, and affected employeeJgarment. • Daniel Atelus acknowledges receipt within the response target above and confirms an action plan. • Corrective action is taken — reprocess, replacement, or repair — at no additional charge for any issue caused by BluFoams_ • Resolution is documented and confirmed back to the FWACC requester, with a tracking entry in the quarterly business review. After -Hours and Urgent Requests Vendor Services Agreement Page 23 of 28 City Secretary Contract No. RFP Bid Table Line Item #1-9 contemplates unscheduled deliveries outside normal business hours- BluFoams operates 24171365, which means an unscheduled delivery request can be fulfilled regardless of time of day, day of week, or holiday.. Our standard response to an after-hours delivery request is acknowledgment within 2 hours and completion within the same or next operational service window, based on the nature of the request and FWACC's specified urgency. Quality Complaints It RVACC ever identifies a garment as unclean, damaged, smelling, or with remaining hair or debris, that garment will be reprocessed or replaced at no charge,(§3.10-1). Complaints are tracked, root -caused, and trended in the quarterly review. Repeated patterns trigger corrective action at BluFoams" expense, including internal process review and, it warranted, temporary service enhancement (extra pickup, extra 01C pass) until the underlying cause is resolved- 4.5 Scheduling and Coordination with Designated FWACC Staff Per RFR §3.9.3, all pickup and delivery schedules will be coordinated with designated FWACC staff. BluFoams requests that FWACC identify a primary FWACC point of contact at each shelter location during contract Kickoff- Our standard practice is to- • Confirm the weekly service day and window with each FWACC POC within the first 7 days of contract execution. • Provide each FWACC POC with Daniel AtelLls's direct mobile and email, and with access to the BluFoams app. • Establish a joint schedule for the on-s1e initial sizing and fitting sessions that minimizes disruption to shelter operations- • Send a same -day summary after each service cycle confirining pickup count, delivery count, flagged items, and any open issues. • Escalate promptly — within the same business day — any issue that could affect service continuity at either shelter location. Vendor Services Agreement Page 24 of 28 City Secretary Contract No. 5. Cmpliance and Consistent.. 'Reliable Service (RFP §8.3.4) This section addresses RFP §8.3.4: BIU.Foams' ability to comply with the requirements of this solicitation and provide consistent, reliable service, including acknowledgment of the Scope of Services and a general approach to maintainrng service quality and addressing performance issues- 5.1 Acknowledgment of Scope of Services BlulFoams acknowledges that we have read and understood the Scope of Services (RFP-02), the Instruction to Proposers (RFP-01), the Draft Vendor Services Agreement (RFP-03), the Required Forms and Questionnaire (RFP-04}, and Addendum No. *1 (issued April 14, 2026.1 in full. BluFGams accepts the Scope of Services as drafted and — as documented in our completed RFP-05 Deviations form submitted separately takes no exceptions to the Scope. 5.2 Approach to Maintaining Service Quality • Quality is built into the process, not inspected into it. Our ten -step laundering woFKflow (Section 4.2) has QC at step 7 — before pacKing, before delivery, before the garment reaches FWACC. • Every garment is inspected individually, We do not rely can .batch sampling. • Our 24171365 operating schedule means capacity is never the constraint. Service never slows down (because of weekend coverage, holiday coverage, or seasonal load. • Inventory redundancy — we maintain a buffer stack or FWACC-branded replacement garments so that normal wear -and -tear replacements can be fulfilled in the same service cycle, without making an employee go without. • Redundant delivery capacity — in the event that a scheduled delivery cannot be completed (vehicle issue, weather, driver unavailability),, our operating model supports same -day backup delivery rather than deterred delivery- 5.3 Approach to Addressing Performance Issues RFP §3_1 0-2 reserves the City's right to corrective action, contract remedies, or contract termination for repeated quality deficiencies. BluFoams' position is that performance issues should be surfaced early and resolved collaboratively before they reach the corrective action stage: • Any single FWACC-reported quality complaint triggers root -cause analysis, not Lust reprocessing of the affected garment. • A pattern of complaints in a single service cycle triggers an immediate internal operational review and direct outreach from Daniel Atelus to the FWACC POC to review findings and proposed corrective action_ VendorServices Agreement Page 25 of 28 City Secretary Contract No. • Systemic issues — if they were ever to occur — would trigger a formal corrective action plan documented in writing, reviewed with FWACC, and tracked to closure in the quarterly business review_ • BluFoams accepts the City's 30-day termination -for -convenience right under §4.1 of the Draft Vendor Services Agreement and the City's other contractual remedies. Our commitment is to never let a service issue progress far enough to require the City to exercise any of them_ 5.4 Compliance Commitments • BluFoams, will comply with, all applicable health, safety, and environmental regulations in the conduct of this contract (§3.4.3). • BluFoams will maintain, throughout the term of the contract, all insurance coverage required under Section 10 of the Draft Vendor Services Agreement: Commercial General Liability (S1 M per occurrence / $2M aggregate), Automobile Liability ($1 M combined single limit), Texas Workers' Compensation (statutory), Employers' Liability ($1 M)„ and Professional Liability ($500K—$1 M) — with the City of Fort Worth named as additional insured on the CGL and Auto policies, and with Waiver of Subrogation on the Workers' Compensation policy_ • BluFoams will complete and return Form 1295 (Certificate of Interested Parties) if required in connection with City Council approval. • BluFoams will comply with the Cone of Silence provisions of the Instruction to Proposers, directing any and all questions and communications through the Euna Portal until Intent to Award is published. • BluFoams acknowledges the Texas Government Code provisions referenced in the Draft Vendor Services Agreement regarding non -boycott of Israel and non -boycott of energy companies, and affirms compliance with both_ Vendor Services Agreement Page 26 of 28 City Secretary Contract No. 5• Branding and Logo Application (RFP 8.3.5) This section addresses RFP 8-3-5= BluFoams' capabilities related to uniform branding, including experience with logo application and general quality control practices- 6.1 Embroidery Experience BluFoams has applied embroidered branding to uniforms and textile garments across multiple client programs, including our USCG, healthcare, hospitality, and campus accounts- Our embroidery work meets commercial standards for thread color consistency, stitch density, logo placement accuracy, and durability through industrial wash cycles. 6.2 City of Fort Worth "Molly" Logo Program • Every FWACC scrub top will carry the City -approved "Molly" logo on the left chest plate (§3-3.1 and §3-3-1-1). • Embroidery color will be either white or black only, per FWACC pre -production approval (§3.3.1.2)- • Logo placement, size, color, and application method will be submitted to FWACC for written approval prior to production on any garment. • A sample garment, embroidered with the approved specification, will be submitted to FWACC for visual approval before we commit the full initial garment run. No garment will enter FWACC service with an unapproved logo treatment- 6.3 Branding Consistency Across the Garment Life Cycle • Every replacement garment issued under the contract — whether for normal wear -and -tear or for non -normal damage — will carry identical City branding to the original item (§3-3-4). • Logos that become damaged, faded, or detached due to normal wear and laundering will be repaired or replaced at no additional cost to FWACC (§3.3.3)_ • Our ten -step CSC process (Section 4-2, step 7) explicitly includes a logo condition check- A garment whose logo is faded, unraveling, or detached will be flagged for re -embroidery or replacement before it returns to FWACC service. 6.4 Quality Control Practices for Branding • Thread color and lot numbers are recorded for each production run to ensure replacement garments issued months or years later still match the original embroidery exactly - Placement is controlled using a standardized placement template, so every garment receives the logo at the same position, height, and orientation - Post -embroidery inspection is performed on every garment before it is entered into FWACC service inventory - Long -term durability is validated through internal wash -cycle testing of sample garments before full production runs. Vendor Services Agreement Page 27 of 28 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE # 1-1 Scrub Short Sleeve Top Standard Size (XS-XL) Each 1 $ 12.00 $ 12.00 #1-2 Scrub Short Sleeve Top Non -Standard Size (XXL & Each 1 $ 16.00 $ 16.00 #1-3 Scrub Bottom Standard Size (XS-XL) Each 1 $ 13.00 $ 13.00 #14 Scrub Bottom Non -Standard Size (XXL & Up) Each 1 $ 17.00 $ 17.00 #1-5 Initial Account Setup Fee Each 1 $ 500.00 $ 500.00 #1-6 Initial Logo Embroidery Fee Each 1 $ 5.00 $ 5.00 #1-7 Additional Embroidery Fee Each 1 $ 5.50 $ 5.50 Scheduled Delivery Fee #1-8 (normal business hours Monday through Friday 8:00 Each 1 $ 25.00 $ 25.00 am to 5:00 pm) # 1-9 Unscheduled Delivery Fee (outside of normal Each 1 $ 125.00 $ 125.00 business hours) #1-10 Laundry Fee Each 1 $ 0.55 $ 0.55 #1-11 Rental Fee Each 1 $ 0.40 $ 0.40 #1-12 Replacement Scrub Short Sleeve Top Charge Each 1 $ 14.50 $ 14.50 Standard Size (XS-XL) #1-13 Replacement Scrub Short Sleeve Top Charge Non- Each 1 $ 19.00 $ 19.00 Standard Size (XXL & Up) #1-14 Replacement Scrub Bottom Charge Standard Size Each 1 $ 16.00 $ 16.00 (XS & XL) #1-15 Replacement Scrub Bottom Charge Non -Standard Each 1 $ 21.00 $ 21.00 Size (XXL & Up) Compartment Locker Rental Fee (Rental fee for #1-16 scrub dispensing locker or automated compartment Each 1 $ 75.00 $ 75.00 unit) M o 1 $ 864.95 Vendor Services Agreement Page 28 of 28 FORT WORTH. i City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Laundry Cleaners Corp dba BluFoams Subject of the Agreement: Vendor shall provide uniform scrub rentals and laundry services for Fort Worth Animal Care and Control locations M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: 5-years from the date of ACM signature If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.