HomeMy WebLinkAboutTYNDALE ENTERPRISES - CONTRACT - RFP - 8182 ARC RATED FLAME RETARDENT APPARELServices Agreement- 8182 Arc Rated Flame Retardant Apparel Page 1 of 14
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Tyndale Enterprises, Inc., a Pennsylvania Corporation, hereinafter
referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the Scope of Work attached hereto as Exhibit "A", consisting of three (3) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon signing and shall continue in full
force and effect until December 31, 2016, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals are subject to
annual appropriation of funds. Written notice of renewal shall be provided to the Service
Provider and mailed no later than thirty (30) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Tyndale Enterprises, Inc.
Attn: Chad Barker
5050 Applebutter Rd.
Pipersville, PA 18947
City of Fort Collins
Attn: Gordon Cromwell
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
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5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, as per the attached Exhibit
"B"- Pricing Schedule, consisting of two (2) pages, and incorporated herein by this
reference. Service Provider shall provide a minimum of thirty (30) days written notice to
the City of any cost increase by the manufacturer. Service Provider’s Percent Markup will
remain firm for all subsequent contract extensions.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Scope of Work without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
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b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
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Exhibit “C”, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins,
Colorado 80522, one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
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2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page, and Exhibit “E“- Consignment Inventory Agreement, consisting
of one (1) Page; both attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
TYNDALE ENTERPRISES, INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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12/14/2015
Barbara Fitzgeorge
Vice President, Marketing
12/14/2015
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EXHIBIT A
SCOPE OF WORK
I. Objective
The Service Provider will supply Arc Rated Flame Retardant (AR FR) apparel for Fort
Collins Light & Power Division. The National Fire Protection Association has recently
stipulated in code NFPA 70E-2009 130.3.B that Arc Rated clothing and other Personal
Protective Equipment (PPE) must be worn when employees are working with the Arc Flash
Protection Boundary. The Occupational Safety and Health Administration (OSHA) has
defined the maximum use limit for such clothing to be 11.1 calorie.
The City estimates that about 60-80 Light & Power employees will need to be supplied with
AR FR apparel annually.
II. Apparel Specifications
Service Provider confirms apparel complies with all OSHA regulations for FR clothing.
Apparel specifications, including brand, apparel descriptions, size requirements and styles
are referenced on the attached Exhibit B- Pricing Schedule. The sizing, brands and styles
listed on the Pricing Schedule are not meant to be all inclusive and are subject to change at
the City’s option.
III. Ordering Process
A. For each contract term, the City will submit a Blanket Purchase Order in early
January for the calendar year which will facilitate payment for the items ordered
from the Service Provider within that same calendar year.
B. Service Provider will be available to provide apparel fitting/measuring of City
personnel at City facility(s) for no additional cost, as reasonably requested by the
City’s Utilities Department. It is the responsibility of the employee to try on apparel
in order to ascertain proper sizing. It will be the employee’s responsibility to
complete the City’s Order Form and submit it to their Supervisor for approval.
Once approved, the Supervisor will submit the employee order forms to the
Service Provider.
C. For large orders, Service Provider will deliver in bulk to the City. Orders must be
packaged separately by employee and labeled with the employee’s name and
“Light & Power Division” (unless another department is noted on the Order Form).
D. The City reserves the right to initiate single retail purchases on an as-needed
basis and the Service Provider will use the same Percent Markup provided on the
Pricing Schedule.
E. For single retail purchases, the City of Fort Collins Procurement Card will be used.
Presentation of the City Procurement Card at checkout will be sufficient to qualify
the purchase for City contract pricing.
F. The Service Provider recognizes the possibility of online ordering in the future with
the option of setting up individual City accounts.
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G. The Service Provider will provide the City Representatives, Gordon Cromwell at
gcromwell@fcgov.com and Cheryl Wagner at chwagner@fcgov.com, with an
order confirmation within twenty four (24) business hours for every order placed,
which will include the estimated delivery date(s).
IV. Lead Times
A. The Service Provider’s standard Lead Time is three (3) to four (four) weeks after
receipt of order (ARO). Service Provider will communicate shipping delays to the City
Representatives within twenty four (24) business hours.
B. If the Service Provider is notified of a backorder from the manufacturer, the Service
Provider will notify the City Representatives within twenty four (24) business hours.
To mitigate delays in communicating backordered items to the City, the Service
Provider is responsible for ensuring the manufacturer communicates estimated
delivery dates to the Service Provider in a timely manner.
V. Logos
The Service Provider will provide the City with in-house embroidery services. The standard
lead time for embroidery services is five (5) to six (6) business days. Attached below are
examples of the City of Fort Collins Light & Power logos pursuant to this Agreement. The
cost to embroider the City of Fort Collins Light & Power logo is $3.00 per garment.
VI. Delivery
A. Unless stated otherwise by the City, shipping on all orders is to be F.O.B. destination
to the City of Fort Collins Utilities Service Center Warehouse, 700 Wood Street, Fort
Collins, Colorado 80521.
B. The initial bulk order must be delivered no later than January 31, 2016.
VII. Pricing
A. Service Provider will give a minimum of thirty (30) days written notice to the City of
any cost increase by the manufacturer.
B. Service Provider’s Percent Markup will remain firm for all subsequent contract
extensions and will apply to comparable products not listed on the attached Pricing
Schedule.
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C. No additional cost is to be charged for oversized and/or extended sized garments.
Service Provider is to make every effort to see that oversize garments are delivered
in the same time frame as regular-size garments.
VIII. Returns
A. Embroidered items are returnable, subject to the terms and conditions stipulated on
attached Exhibit E- Consignment Inventory Agreement.
B. In the event the manufacturer sizing is inconsistent and/or incorrectly labeled,
Service Provider agrees the City can return these items for credit with no restocking
charge. In such event, Service Provider will promptly order replacement(s).
C. The City agrees to pay freight to return item(s) when the City ordered in error.
IX. Sustainability/TBL
Service Provider ensures that all apparel supplied to the City is manufactured using
Sweatshop-Free Labor.
X. Cooperative Purchasing
It is the intent of the City that the Service Provider extends the Agreement to other public
agencies who wish to use it to the extent that their purchasing guidelines permit; to include
(but not limited to) Poudre Fire Authority, Larimer County, and Poudre School District.
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EXHIBIT B
PRICING SCHEDULE
Product Description Style# Sizes
Mfg.
Cost
Percent
Markup
(%)
Final
Delivered
Cost
Order Lead
Time
PANTS, FR (Carhartt brand, unless otherwise noted as an ALTERNATE)
Flame-Resistant Signature Denim -
Relaxed Fit FRB100DNM 26 - 60 $39.00 30% $50.60 3-4 Weeks
ALTERNATE-Relaxed Fit Denim Jeans,
Amtex (Tyndale) J230T
Waist: 30"- 36" (all)
38" - 60" (even)
Inseam: 28" - 36"
(all)
Flame-Resistant Signature Denim
Dungaree FRB13DNM 26 - 60 $44.00 30% $57.05 3-4 Weeks
ALTERNATE-Relaxed Cut Denim Jeans
W/ Rule Pocket (Tyndale) J290T
Waist 30"- 34" (all)
36"- 60" (even),
Inseam: 28" - 36"
finished (all), 37”
unfinished Waist
34” - 42” (even),
Inseam 28”- 40”
finished (all), 42”
Unfinished $47.25 2-3 Weeks
Flame-Resistant Washed Duck Work
Dungaree 100791 24 - 60 $64.85 3-4 Weeks
ALTERNATE-Flame-Resistant Washed
Duck Work Dungaree (Bulwark) K290B
Waist: 30"- 50"
(even), Inseam: 28"
- 34" (all) $52.10 2-3 Weeks
Flame-Resistant Midweight Canvas Pant -
Loose Fit FRB159 26 - 60 $48.00 30% $62.25 3-4 Weeks
ALTERNATE-Relaxed Cut Pant W/ Rule
Pocket (Tyndale) K290T
Waist 30"- 36"(all),
38" - 52" (even)
Inseam: 28" - 34"
(all), 36" and
unhemmed $58.70 2-3 Weeks
SHIRTS, FR (Carhartt brand, unless otherwise noted as an ALTERNATE)
Flame-Resistant Force Cotton Long-Sleeve
T-Shirt
100235 S-4XL $36.50 30% $47.35 3-4 Weeks
TALLS-
100235 M-4XL $42.00 13% $47.35 3-4 Weeks
ALTERNATE-LS T-Shirt, 6 oz. FRMC
Interlock Knit (Tyndale) M020T S - 5XL $43.20 2-3 Weeks
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ALTERNATE-FR Bell Work Shirt (Ariat) K189Y
Reg: S - 3XL Tall: L
- 2XLT $55.30 3-4 Weeks
ALTERNATE-Tattersall Work Shirt 7 oz.
FRMC® Chambray (Tyndale) M125T
Reg: S - 3XL, Long:
L- 2XL $69.65 2-3 Weeks
Flame-Resistant Heavyweight Zip-Front
Sweatshirt
FRK007 XS - 6XL $92.00 30% $119.30 3-4 Weeks
TALL-101676
$102.0
0 17% $119.30 3-4 Weeks
ALTERNATE-Zipfront Sweatshirt (Tyndale) F720T
Reg: S - 5XL, Long:
M - 3XL $114.95 2-3 Weeks
Flame-Resistant Striped Klondike
Sweatshirt 101700 S-5XL
$113.0
0 30% $146.50 3-4 Weeks
ALTERNATE-Zipfront Sweatshirt (Tyndale) F720T
Reg: S - 5XL, Long:
M - 3XL $114.95 3-4 Weeks
Flame-Resistant Heavyweight High-
Visibility Class 3 100460 M - 6XL
$125.0
0 30% $162.05 3-4 Weeks
Hooded Zip-Front Sweatshirt TALL-101679
$145.0
0 12% $162.05 3-4 Weeks
ALTERNATE-FR 11 oz. Hi-Vis Hooded
Sweatshirt/Zipper - ANSI Class 3 (NSA) F775Y Reg: S - 3X $160.95 3-4 Weeks
Flame-Resistant Striped Klondike
Sweatshirt 101700 S - 5XL
$113.0
0 30% $146.50 3-4 Weeks
ALTERNATE-Zipfront Sweatshirt (Tyndale) F720T
Reg: S - 5XL, Long:
M - 3XL $114.95 3-4 Weeks
Flame-Resistant High Visibility Long-
Sleeve T-Shirt
FRK003 M - 5XL $65.00 30% $84.30 3-4 Weeks
TALLS-
101668 $72.00 17% $84.30 3-4 Weeks
ALTERNATE-FR Hi-Vis T-Shirt, Long
Sleeve ANSI Class 3 (NSA) F034Y S - 4XL $79.80 3-4 Weeks
Flame-Resistant Striped Duck Traditional
Coat
101695 XS-6XL
$150.0
0 30% $194.45 3-4 Weeks
TALLS-
102091
$170.0
0 14% $194.45 3-4 Weeks
ALTERNATE-EXCEL FR® ComforTouch®
Lined Bomber Jacket (Bulwark) TBD3
Reg: S - 5XL Long:
L - 2XL $155.80 3-4 Weeks
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EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and will not
be cancelled, except after thirty (30) days written notice has been received by the City of
Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the
City may deem proper and may deduct the cost of such insurance from any monies which
may be due or become due the Service Provider under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the Service
Provider's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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EXHIBIT E
CONSIGNMENT INVENTORY AGREEMENT
Tyndale offers City of Fort Collins (CFC) employees the option to return garments to Tyndale up
to 60 days after receipt of an order.
1. Tyndale accepts returns on unwashed, unworn, unaltered items for any reason within 60
days of receipt of an order.
2. Tyndale does not accept returns of washed, worn or altered items.
3. Tyndale to track all embroidered or heat transferred items returned, and will utilize
returned items to fill future orders for the same items for CFC.
4. Annually for the life of the contract, Tyndale will submit a report of unsold returned
inventory balances to Gordon Cromwell at gcromwell@fcgov.com and Cheryl Wagner at
chwagner@fcgov.com, with a copy to Jill Wilson at jwilson@fcgov.com.
5. CFC will purchase embroidered and heat transferred inventory in the event that the
company-issued logo changes or if garment is removed from the program.
6. As soon as an item described in (5) above is identified, Tyndale will ship the item as a
non-allowance order to either (check one):
[ ] The last person to purchase the item and keep it, or
[X] Coordinate a bulk shipment and payment method
7. Upon any contract termination, Tyndale will provide CFC with the consignment items
and CFC will purchase these items at the contract price.
DocuSign Envelope ID: 52713A30-9796-4AF2-8A44-649B30480190
Flame-Resistant Extremes Artic Coat
100784 XS-6XL
$255.0
0 30% $330.60 3-4 Weeks
TALLS-
101645
$280.0
0 18% $330.60 3-4 Weeks
ALTERNATE-Parka with CSA Compliant
Reflective Striping (Bulwark) TBD4
Reg: S - 4XL Long:
L - 4 XL $195.05 3-4 Weeks
SHIRTS Non-FR (Carhartt brand, unless otherwise noted as an ALTERNATE)
Force Color Enhanced Short-Sleeve T-
Shirt 100493 S-4XL $9.00 30% $11.70 3-4 Weeks
Force High-Visibility Short Sleeve Class 2
T-Shirt 100495 M-4XL $13.50 30% $17.50 3-4 Weeks
ALTERNATE-Hi Vis T 100% Poly Lime
Yellow, ANSI Class 2 (Red Kap) S0AEB Reg: S - 4XL $15.30 2-3 Weeks
Force Color Enhanced Long-Sleeve T-Shirt 100494 S-2XL $10.00 30% $13.00 3-4 Weeks
Force High-Visibility Long-Sleeve Class 3
T-Shirt 100496 M-2XL $16.50 30% $21.40 3-4 Weeks
ALTERNATE-Class 3 LS T-Shirt w/pocket
(ML Kishigo) S0DMZ Reg: M - 5XL $19.15 3-4 Weeks
High-Visibility Zip-Front Class 3 Sweatshirt 100503 M-2XL $36.00 30% $46.70 3-4 Weeks
ALTERNATE-Full Zip Hoodie Sweatshirt
ANSI Class 3 (ML Kishigo) S7EAZ Reg: M - 5XL $35.25 3-4 Weeks
Cost to embroider the City of Fort Collins Light & Power logo (per garment): $3.00
DocuSign Envelope ID: 52713A30-9796-4AF2-8A44-649B30480190
Flame-Resistant Striped Force Cotton
Long-Sleeve T-Shirt
101699 XS-5XL $52.50 30% $68.10 3-4 Weeks
TALLS-
101699 $63.00 8% $68.10 3-4 Weeks
ALTERNATE-Tyndale Layer 1™ Long
Sleeve T-Shirt (Tyndale) M010T Reg: S - 3XL $49.85 3-4 Weeks
Flame-Resistant Twill Shirt with Pocket
Flaps
FRS160 XS - 5XL $38.50 30% $49.95 3-4 Weeks
TALLS-
FRS160 M-4XL $42.50 18% $49.95 3-4 Weeks
ALTERNATE-LS Button Down Industrial
Work Shirt, 7 oz. Amtex (Tyndale) K196T
Reg: S - 5XL, Long:
L- 5XL $44.60 2-3 Weeks
Flame-Resistant Classic Plaid Shirt
101028 S - 4XL $44.50 30% $57.70 3-4 Weeks
TALL
AVAILABLE $51.00 13% $57.70 3-4 Weeks
ALTERNATE-Button Down Plaid Shirt 7 oz.
Excel-Fr (Bulwark) J193B
Reg: S - 3XL, Long:
M - 2XL $51.35 2-3 Weeks
ALTERNATE-FR Hanger Work Shirt (Ariat) K188Y
Reg: S - 3XL Tall: L
- 2XLT $55.30 3-4 Weeks
DocuSign Envelope ID: 52713A30-9796-4AF2-8A44-649B30480190