8904 RFB to post.pdf

CITY OF MADISON

REQUEST FOR BIDS

RFB #: 8904-0-2020-TJ

Title: Consignment of Golf Shop Products

City Agency: Parks

Due Date: Friday, January 17, 2020

2:00 PM CST

REQUEST FOR BIDS RFB # 8904-0-2020-TJ

Page i

Table of Contents

32T132 T 32TNOTICE TO BIDDERS32T

32T1.132T 32TSummary32T 32T1.232T 32TImportant Dates32T 32T1.332T 32TFormat32T 32T1.432T 32TLabeling32T 32T1.532T 32TDelivery of Bids32T 32T1.632T 32TAppendix A: Standard Terms & Conditions32T 32T1.732T 32TAppendix B: Sample Contract for Purchase of Services32T 32T1.832T 32TAffirmative Action Notice32T 32T1.932T 32TMultiple Bids32T 32T1.1032 T 32TCity of Madison Contact Information32T 32T1.1132 T 32TInquiries, Clarifications, and Exceptions32T 32T1.1232 T 32TAddenda32T 32T1.1332 T 32TBid Distribution Networks3 2T 32T1.1432 T 32TLocal Vendor Preference32T 32T1.1532 T 32TOral Presentations/Site Visits/Meetings32T 32T1.1632 T 32TAcceptance/Rejection of Bids32T 32T1.1732 T 32TWithdrawal or Revision of Bids32T 32T1.1832 T 32TNon-Material and Material Variances32T 32T1.1932 T 32TPublic Records32T 32T1.2032 T 32TUsage Reports32T 32T1.2132 T 32TPartial Award32T 32T1.2232 T 32TTax Exempt32T 32T1.2332 T 32TCooperative Purchasing32T 32T1.2432 T 32TBidders Responsibility32T

32T232 T 32TDESCRIPTION OF SERVICES/COMMODITIES32T

32T2.132T 32TPurpose32 T 32T2.232T 32TTerm 32T 32T2.332T 32TCurrent Operations32T 32T2.432T 32TContractor Operating Responsibilities32T 32T2.532T 32TCity of Madison Responsibilities32T 32T2.632T 32TContractual Requirements32T

32T332 T 32TREQUIRED INFORMATION AND CONTENT OF BIDS32T

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal Form E: References Appendix A: Standard Terms & Conditions Appendix B: Contract for Purchase of Services

1 NOTICE TO BIDDERS

1.1 Summary

The City of Madison Parks (“City”) is soliciting Bids from qualified vendors for Consignment of Golf Shop Products. Vendors submitting Bids (“Bidders”) are required to read this Request for Bids (“RFB”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver Bids no later than the due time and date indicated below. The City will reject late Bids:

Issue Date: Friday, January 3, 2020 Due Date: Friday, January 17, 2020, 2:00 PM CST

1.3 Format

The City will not consider illegible Bids.

Elaborate Bids (i.e., expensive artwork) beyond that sufficient to present a complete and effective Bid, are not necessary or desired.

The City is requesting bids in the following format: Electronic. Electronic versions less than 20MB should be emailed to the address in section 1.5.

Complete and return Forms A through E to City of Madison Purchasing Services by Friday, January 17, 2020, 2:00 PM CST.

1.4 Labeling

All Bids must be clearly labeled:

Bidder’s Name and Address

RFB #: 8904-0-2020-TJ

Title: Consignment of Golf Shop Products Due: Friday, January 17, 2020, 2:00 PM CST

All email correspondence must include RFB #8904-0-2020-TJ in the subject line.

1.5 Delivery of Bids

Delivery of hard copies to: City of Madison Purchasing Services

City County Building, Room 407 210 Martin Luther King Jr. Blvd.

Madison, WI 53703

Delivery of electronic copy to: via email to 32TUbids@cityofmadison.comU32T or on a commonly used media with the hard copies.

Bids must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

Note: When mailing your response via a third party delivery service, the outside of the packaging MUST be clearly marked with the RFB name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

1.6 Appendix A: Standard Terms & Conditions

mailto:bids@cityofmadison.com

Bidders are responsible for reviewing this attachment prior to submission of their Bids. City of Madison Standard Terms and Conditions are the minimum requirements for the submission of Bids.

1.7 Appendix B: Sample Contract for Purchase of Services

Bidders are responsible for reviewing this attachment prior to submission of their Bids. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFB. The terms of this template contract shall become contractual obligations following award of the RFB. By submitting a Bid, Bidders affirm their willingness to enter into a contract containing these terms.

1.8 Affirmative Action Notice

If Contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more for the calendar year in which the PO and/or Contract is in effect, Contractor shall file, within thirty (30) days from the PO/Contract effective date and BEFORE RELEASE OF PAYMENT, an Affirmative Action Plan designed to ensure that the Contractor provides equal employment opportunity to all and takes affirmative action in its utilization of applicants and employees who are women, minorities and/or persons with disabilities. A sample affirmative action plan, Request for Exemption forms, and instructions are available at: www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms or by contacting a Contract Compliance Specialist at the City of Madison Affirmative Action Division at (608) 266-4910. Vendors must register for an account to complete the required forms online, here: https://elam.cityofmadison.com/citizenaccess

Contractor shall also allow maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this PO/Contract.

Job postings: All contractors who employ 15 or more employees (regardless of the dollar amount of this contract or their annual aggregate business with the City) must notify the City of all external job openings at locations in Dane County, Wisconsin, and agree to interview candidates referred by the City or its designated organization. Job posting information is available at: http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program. Instructions for contractors: http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The complete set of Affirmative Action requirements for this purchase can be found in paragraph 20 of Appendix A – Standard Terms and Conditions and, if applicable, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

1.9 Multiple Bids

Multiple Bids from Bidders are permitted; however, each must fully conform to the requirements for submission. Bidders must sequentially label (e.g., Bid #1, Bid #2) and separately package each Bid.

Bidders may submit alternate pricing schemes without having to submit multiple Bids.

1.10 City of Madison Contact Information

The City of Madison Enter the City Agency is the procuring agency:

Ryan Brinza City of Madison Parks

PH: (608) 266-4710

rbrinza@cityofmadison.com http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms https://elam.cityofmadison.com/citizenaccess/ http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The City of Madison Purchasing Services administers the procurement function:

Tony Johnson Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346

PH: (608) 266-4521

FAX: (608) 266-5948

ajohnson@cityofmadison.com

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFB will acknowledge all emails received. Bidders not receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.11 Inquiries, Clarifications, and Exceptions

Bidders are to raise any questions they have about the RFB document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.10.

Bidders finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda – see 1.12 below. Bidders are strongly encouraged to check for addenda regularly.

Bids should be as responsive as possible to the provisions stated herein. A prospective vendor may take “exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the City of Madison reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFB, the City will post addenda to its Bids distribution websites – see 1.13 below. It is the Bidders responsibility to regularly monitor the websites for any such postings. Bidders must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

1.13 Bid Distribution Networks

The City of Madison posts all Request for Bids, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Bidders responsibility to regularly monitor the bid distribution network for any such postings. Bidders failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Bidders.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet mailto:bids@cityofmadison.com mailto:dcr@cityofmadison.com http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access Bids from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in

WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

Home Page: www.demandstar.com

To Register: www.onvia.com/WAPP

1.14 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.15 Oral Presentations/Site Visits/Meetings

Bidders may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFB process. Such presentations, meetings or site visits will be at the Bidders expense.

1.16 Acceptance/Rejection of Bids

The City reserves the right to accept or reject any or all Bids submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any Bidder responding to this request. The City expressly reserves the right to reject any and all Bids responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.17 Withdrawal or Revision of Bids

Bidders may, without prejudice, withdraw Bids submitted prior to the date and time specified for receipt of Bids by requesting such withdrawal before the due time and date of the submission of Bids. After the due date of submission of Bids, no Bids may be withdrawn for a period of 90 days or as otherwise specified or provided by law. Bidders may modify their Bids at any time prior to opening of Bids.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret”defined in State of Wisconsin Statutesmay be held confidential.

http://www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm http://www.demandstar.com/ http://www.onvia.com/WAPP http://www.cityofmadison.com/business/localPurchasing

Bidders shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Bidders prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Bids from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Bids will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Bidders shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.21 Partial Award

Unless otherwise noted, it will be assumed that Bidders will accept an order for all or part of the items/services priced.

1.22 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 39-73-0411-K) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.23 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;

they are made solely between the bidders and third party unit of government.

1.24 Bidders Responsibility

Bidders shall examine this RFB and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Bidders to fulfill the requirements of the resulting contract.

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Purpose

The City of Madison Parks Division is seeking proposals from qualified golf product distributors and business entities to supply high quality golf products on a keep-fill basis, at various City Parks Golf Course operations.

The purpose of this Request for Bid (RFB) is to initiate a process that will result in a ‘consignment’ agreement that will generate revenue for the City of Madison Parks Division. It is the intent of this program to optimize visitor participation in the City golf pro shops by providing high quality merchandise that is consistent with the needs of the City of Madison golf course customers, at reasonable prices, and that will maximize revenues for the golf shops.

2.2 Term

The term of this consignment agreement shall be one (1) year with two (2) one-year options to renew upon mutually agreeable terms. It is the intent of the City to have an operational golf shop at each golf course at the start of the golf season, on March 1, 2020.

2.3 Current Operations

The City of Madison Parks Division owns and operates parks and recreational facilities, including golf courses located in the City of Madison, WI. The City of Madison golf course operations include golf shops and concessions. It is the intent of the City to generate revenue from this consignment contract, which may be paid through one or a combination of any of the following: percentage of gross sales, annual fees for merchandising rights, advertising or promotional products, etc.

Information on the City of Madison Parks Division golf course sites can be found on the following website link: http://www.golfmadisonparks.com

This solicitation includes product consignment for the following locations:

1. Glenway Golf Course

9-Hole Executive Course

3747 Speedway Road

2. Monona Golf Course

9-Hole Regulation Course

111 East Dean Avenue

3. Odana Hills Golf Course

18-Hole Regulation Course

4635 Odana Road

4. Yahara Hills Golf Course

36-Hole Regulation Course

6701 Hwy 12 & 18 East

2.4 Contractor Operating Responsibilities

The contractor’s obligations and responsibilities shall include:

Provide high quality merchandise for sale and display at the Madison golf courses, and consistent with the needs of the City of Madison golf course customers, at reasonable prices, that will result in the highest possible revenues to the golf shop concessionaire.

Merchandise shall consist of standard golf products such as golf balls, bags, clubs, apparel, shoes, hats, etc. All merchandise shall comply with the Madison General Ordinances 4.25, Sweat Free Procurement of Items of Apparel. See par. 30 of Attachment A, Standard Terms and Conditions.

Provide display cases, fixtures and other items used in the merchandising of golf equipment and apparel.

Designate a contract manager and point of contact to work closely with the City’s designee to ensure that all aspects of the Agreement are executed with the utmost efficiency and professionalism.

Consult with the City of Madison golf course supervisor as to the type, quantity, quality, proper pricing and display of merchandise to be sold and displayed.

Inventory, stocking, filling of inventory at each of the City golf courses.

Determine the proper level of inventory to maximize the sales and meet the needs of the golf course customers.

Keep insurance with indemnification for the City as required per Attachment A: Standard Terms and Conditions and Attachment B: Purchase of Services Contract.

The contractor shall be granted provisionary rights for promotional branding and advertising of City of Madison Parks merchandise.

Note: If you would like to schedule a site visit, contact Ryan Brinza (section 1.10).

2.5 City of Madison Responsibilities

The City of Madison’s responsibilities shall include:

Oversee the operation for the provision and sale of all products. Each golf course will designate a contract administrator to manage and implement the contract that will result from this RFB.

Provide for the accurate processing, collection of payments and record keeping of all transactions. The City will be collecting the funds and depositing them into the City’s account.

Provide the point of sale (POS) and credit card processing. The credit card fee paid by the City to its merchant provider (currently at 2.4%) will be assessed to the bidder for all merchandise sales made using this service.

Reconcile sales and funds on a monthly basis.

Provide retail space and access to lockable building storage and vending space.

Provide and be responsible for all utility charges to include but not limited to, electricity, water, heat, air conditioning, refuse pick-up.

The City shall be responsible for the cleaning and maintenance of the golf pro shop and storage where merchandise is kept.

The City shall have final approval for the determination of and any changes to the type, quantity, quality, proper pricing and display of all merchandise to be sold and displayed at the golf pro shops during the course of the contract.

2.6 Contractual Requirements

2.6.1. Accounting Requirements

The contractor shall maintain complete and accurate records of purchase transactions including collections and inventories of both merchandise and equipment in accordance with the accepted industry standards, and will keep financial records related to any Agreement resulting from this RFB for a period of three years after the close of each year’s operation.

2.6.2. Records Subject To Audit.

The contractor agrees that the City or its designee reserves the right to audit, examine, and copy any and all books, records, electronic records and information relating to the program. All records will be maintained until the audit is completed and all questions arising there from are resolved.

2.6.3. Revenue Streams to the City.

The City shall consider proposals offering any revenue generating options including commissions, in-kind services, and other revenue offered by the contractor to the City.

2.6.4. Commissions.

The City shall remit the monthly sales less the commission and credit card fees due to the contractor on or before the 15th business day following the end of the month just ended. The City shall provide a statement for each location on gross dollar sales, credit card payments and commission calculations.

2.6.5. Volume Growth Assumptions.

The Vendor shall provide the City with a projection of annual volume/sales growth assumptions based on its annual projected merchandise mix.

2.6.6. Pricing of Products.

Pricing of products shall be mutually agreed upon during the negotiation of the final terms and conditions of the Agreement. Any adjustments in prices will be negotiated between the Vendor and the City. Local market conditions, City commissions, contractor’s product costs, and gross profit margins will be utilized to establish the exact amounts of annual price adjustments.

2.6.7. Lost Sales.

The contractor acknowledges that the contractor is responsible for and is taking all risk with respect to any reduction of Gross Sales due to theft, fire, accident, vandalism, temporary loss of power, weather, acts of nature, temporary or permanent site closures, changes to site or facility construction plans, other acts beyond the City’s control, actions within the City’s control that are taken in the best interests of the public, and/or any other taken in the reasonable exercise of the City’s discretion. Unless otherwise expressly agreed by the City, no reduction in Gross Sales attributable to such factors shall constitute a basis for reducing or renegotiating any annual commission guarantees, or any other payments to the City.

2.6.8. Taxes.

The contractor shall be responsible for paying sales tax and will not deduct such from the commissions owed to the City.

2.6.9. Advertising.

Advertisements must be approved by the City Parks Division. Permittee shall not use park logo, taglines, mission/vision or make reference to the department without prior approval. The Parks Division and the Zoning Administrator shall approve signs and banners, including menu boards.

It is understood that in the operation and conduct of this Agreement, City does not grant contractor the right to sell or distribute any goods or services provided by City, nor does City grant contractor the right to use a City trade name, trademark, logotype, advertising, or other commercial symbol. In any commercial advertisement or announcement, contractor may use the name of the City Park where the premises is located, but any such advertisement or announcement must also indicate that contractor’s activities are not associated with or affiliated with the City.

3 REQUIRED INFORMATION AND CONTENT OF BIDS

a. Form A – Signature Affidavit

b. Form B – Receipt Forms and Submittal Checklist

c. Form C – Contractor Profile Information

d. Form D – Cost Proposal

e. Form E – References

Background and History

1. Describe briefly your firm’s background and history. State your organization’s size: local, regional, national and international, in relation to providing services requested in this RFB. State the location of the office from which this engagement will be serviced and the range of activities performed at that office.

2. Provide a statement of the length of time you have been in business supplying the services referenced herein and experience in serving governmental entities, if any.

3. Demonstrate your firm’s capability and provide evidence of your experience and knowledge in providing services equal or greater in scope than those requested in this RFB.

a. Describe similar current and past operations. Include experience in implementing improvements to customer’s operations, the cost and results of such improvements.

b. Provide information in terms of revenues of past and/or current comparable operations for the previous five (5) years. Include annual revenues before proposer assumed operations, if applicable. Indicate whether revenues increased or decreased under proposer’s contract and indicate reasons thereof.

c. Additional information that demonstrates your qualifications.

Project Staff

1. Identify key staff (names and titles) and affiliates who would become directly responsible for the various aspects of the contract, if awarded. Identify who would be contract manager(s) from your company (cannot be from affiliate).

2. Describe proposed organizational structure for the team involved in the execution of the contract, their role, reporting responsibilities, and team interface with City project management.

Merchandise Inventory

1. A sample list of merchandise to be sold

2. Basis or justification for selection of these items

3. Proposed mark-up percentage or pricing methodology

4. Specific plan for moving aging and obsolete inventory

Minimum Inventory

Indicate whether you are proposing a minimum of inventory to be stocked in the pro shop.

(Specify levels such as dollar amount, types of items, etc.)

Proposed Equipment

1. Include a list of major equipment that will be used to successfully operate the concession and a plan to maintain the quality of each throughout the life of the Agreement.

2. Indicate any consideration of technically advanced equipment or tools to be used, such as point-of-sale systems, inventory management systems, instruction tools, security systems, etc.; include features and benefits of each. If none are to be used, so state in the bid.

Rev. 07/28/2016-8904 RFB-FormA-SignatureAffidavit.doc

0BForm A: Signature Affidavit

1BRFB #: 8904-0-2020 TJ Consignment of Golf Shop Products

This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

U

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/28/2016-8904 RFB-FormB-Receipt.doc

0BForm B: Receipt of Forms and Submittal Checklist

Products

This form must be returned with your response.

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Cost Proposal

Form E: References

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/28/2016-8904 RFB-FormC-VendorProfile.doc

0BForm C: Vendor Profile

Products

This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

If the selected contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more, the contractor will be required to file an Affirmative Action Plan and comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9)(e), within thirty (30) days contract signature. Vendors who believe they are exempt based on number of employees or annual aggregate business must file a request for exemption. Link to information and applicable forms:

30TUhttps://www.cityofmadison.com/civil-rights/contract-compliance/vendors-supplieUr 30T3 0Ts30T

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: Uwww.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

https://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers

Rev. 07/28/2016-8904 RFB-FormC-VendorProfile.doc

Rev. 07/28/2016-8904 FormD-CostProposal.doc

0BForm D: Cost Proposal

1BRFB #: 8904-0-2020-TJ

This form must be returned with your response.

Prepare the fee proposal as all inclusive, not-to-exceed, fixed fees:

• All Inclusive – Covers all direct and indirect necessary expenses including but not limited to;

travel, telephone, copying and other out-of-pocket expenses.

• Not To Exceed – The actual fees shall not exceed the amount specified in fee proposal.

• Fixed Fee – All prices, rates, fees and conditions outlined in the proposal shall remain fixed and valid for the entire length of the contract and any/all renewals.

Any pricing increases or additions must be agreed upon in writing by both parties.

As compensation for the right, permission, license and privileges hereby granted to provide golf merchandise in City golf courses in accordance with terms, conditions, scope of services of this request for proposal, the Vendor proposes to pay the City:

A percentage of gross sales to the City ____________% with a guaranteed minimum of $7,000.00.

Rev. 07/28/2016-8904 RFB-FormE-References.doc

0BForm E: References

Products

This form must be returned with your response.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

Form E: References

RFB #: 8904-0-2020 TJ Consignment of Golf Shop Products

8904 RFB-FormE-References.doc

REFERENCE #4 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 11.7.19.docx Page 1

CITY OF MADISON

(STC-Form: 12/18/2018)

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including all addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. I f an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

Appendix A

STC 11.7.19.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

b. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

c. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of receipt, with the City paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet, your return policy.

17. Payment Terms and Invoicing. The City will pay properly submitted vendor invoices within thirty (30) days of receipt, providing good and/or services have been delivered, installed (if required), and accepted as specified.

a. Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

b. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order and submittal to the correct address for processing. Invoice payment processing address is shown on the upper middle section of the purchase order. Send invoices to Accounts Payable address on the purchase order. Do not send invoices to Purchasing or ship to address.

c. Bidders, proposers shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

d. Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

18. F.O.B. Destination Freight Prepaid. Unless otherwise agreed in writing, the vendor shall bear all handling, transportation and insurance charges. Title of goods shall pass upon acceptance of goods at the City’s dock.

19. Tax Exemption. The City of Madison is exempt from the payment of Federal Excise Tax and State Sales Tax. The City Tax Exempt number is ES 42916. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the bidder’s bid and which, by terms of the tax law, may be passed directly to the City, will be paid by the City.

STC 11.7.19.docx Page 3

20. Affirmative Action.

A. The following language applies to all successful bidders employing fifteen (15) or more employees (MGO 39.02(9)(c):

The Contractor agrees that, within thirty (30) days after the effective date of this Contract, Contractor will provide to the City of Madison Department of Civil Rights (the “Department”), certain workforce utilization statistics, using a form provided by the City.

If the Contract is still in effect, or if the City enters into a new Agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City.

The second form will be submitted to the Department no later than one year after the date on which the first form was required to be provided.

The Contractor further agrees that, for at least twelve (12) months after the effective date of this Contract, it will notify the Department of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are to be considered. The notice will include a job description, classification, qualifications, and application procedures and deadlines, shall be provided to the City by the opening date of advertisement and with sufficient time for the City to notify candidates and make a timely referral. The Contractor agrees to interview and consider candidates referred by the Department, or an organization designated by the Department, i f the candidate meets the minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the Contractor on or before the date stated in the notice.

The Department will determine if a contractor is exempt from the above requirements (Sec. 20.A.) at the time the Request for Exemption in 20.B.(2) is made.

B. Articles of Agreement, Request for Exemption, and Release of Payment:

The “ARTICLES OF AGREEMENT” beginning on the following page, apply to all contractors, unless determined to be exempt under the following table and procedures:

NUMBER OF EMPLOYEES LESS THAN $50,000

Aggregate Annual Business with the City*

$50,000 OR MORE

Aggregate Annual Business with the City*

14 or less Exempt** Exempt**

15 or more Exempt** Not Exempt

*As determined by the Finance Director **As determined by the Department of Civil Rights

(1) Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in section 20.B.(5) of this Contract and from filing an Affirmative Action plan as required by Section IV of the Articles of Agreement. The Department of Civil Rights (“Department”) makes the final determination as to whether a contractor is exempt. If the Contractor is not exempt, sec. 20.B.(5) shall apply and Contractor shall select option A. or B. under Article IV therein and file an Affirmative Action Plan.

(2) Request for Exemption – Fewer Than 15 Employees: (MGO 39.02(9)(a)2.) Contractors who believe they are exempt based on number of employees shall submit a Request for Exemption…