Burghardt Sporting Goods_Executed_Contract Promo Goods.pdf

2024-UWMIL-00418-RFB

Internal Contract # P24-019-O28 Promotional Goods and Apparel

Piggybackable Issuing Agency: This contract is entered by and between The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee and Contractor

Contractor:

Burghardt Sporting Goods 15333 W. National Ave New Berlin, WI 53151

Promotional products can be found on here:

https://bsg1881.espwebsite.com/

Account Rep: Carl Burghardt, carl@bsg1881.com, 262-432-

Orders and Billing: Same

Contract Administrators (Day to Day Operations):

Kevin O Connor, 414-739-6598 kjoc@uwm.edu

Contract Manager:

Pam Loignon, (414) 229-5212, loignon@uwm.edu

1. General Description: This is a contract for branded, customized, promotional products on a “Cost-plus markup” pricing basis. These types of items may include water bottles, pens, lanyards, sack packs, and apparel etc.

Imprinting processes for promotional products include but are not limited to embroidery, screen printing, and engraving.

This contract will be used on an as needed basis and must not be construed as a mandatory contract for UWM.

UWM intends to award this contract to multiple Contractors.

2. Electronic Commerce/Online Ordering: Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

3. Multiple Awards/Ordering Decisions: Due to the vast number and variety of products needed and changing customer needs, product introductions, availability, and price, it is anticipated that awards will be made to multiple responsible bidders, which will be aggregated onto a contract list. UWM departments will be allowed to compare the various vendors on the contract list for pricing, and purchase from the vendor that best meets their needs.

UWM reserves the right to issue new separate bids to add additional contractors when deemed in the best interest of the University.

4. Types of Orders: Under this contract, Specific orders, and Contract blanket orders, may be issued to the Contractor. Ordering may also take place with a university-issued Purchasing Card. All orders placed by UWM shall be bound by the terms, conditions, and pricing of the awarded contract whether the department refers to the contract or not.

5. Contract Length: The contract will be from November 1, 2023, through October 31, 2024, with four (4) automatic one (1) year renewals unless either party notifies the other in writing within sixty (60) days before the renewal period starts. The final contract expiration date is October 31, 2028.

Terms and conditions of the bid shall remain the same for the initial term of the contract and all renewals. UWM

DocuSign Envelope ID: 3A8A969D-3E26-41A2-977E-F8C6EF7BDBB7 https://bsg1881.espwebsite.com/ mailto:carl@bsg1881.com mailto:kjoc@uwm.edu mailto:loignon@uwm.edu reserves the right to extend the contract on a month-to-month basis upon contract expiration if it is in UWM’s best interest.

6. Pricing and Payment Acceptance: Contractor accepts charge cards with no additional fees. Contractor accepts purchase orders with payment terms of net 30.

The maximum markup is 50%

Delivery charges are the following: We do not charge for delivery from Burghardts to UWM. There is no minimum delivery order amount.

7. Firm Prices: Invoice prices must not exceed the “Final Maximum Invoice Cost” which is the maximum percent markup the contractor multiplies against their cost plus exact or lower shipping charges, to reach the selling price to UWM. The maximum markup % must remain firm for the entire contract term including any renewals

8. UWM Licensing: The UWM Licensing and Product Development Program Office is designed to protect the logos, seals, names, symbols, and slogans associated with the University and are the exclusive property of UWM. Reproduction of these marks for resale, promotional or other commercial purposes must have university authorization. This protects against the manufacture, display, or sale of merchandise without the university’s consent. UWM partners with CLC for the administration of its licensing and enforcement program.

9. Licensing Requirements: All licensed vendors producing promotional products or apparel for UWM must follow the brand standards put forth by UWM. These brand standards include, but are not limited to, the proper use of university colors, logos, names, and other references. Approved logos, names and colors are included on the institution art sheet, which is available to all licensed vendors via CLC. Licensed vendors also have access to all approved logos through the Logos on Demand program administered by CLC and JPatton. Items that do not properly reflect the UWM brand will not be approved by the Office of Licensing and Product Development.

All branded merchandise must be approved by both CLC and UWM’s Office of Licensing and Product Development before it is produced. The time it takes to receive these approvals – and to make any changes required by either entity – should be considered when any licensed vendor agrees to delivery dates with a client.

This official approval is granted after the licensed vendor submits artwork through CLC’s Brand Manager for review. If a licensed vendor or client has any questions about proper brand usage on items, they should contact the Office of Licensing and Product Development as soon as possible.

The contractors must be licensed and comply with UWM’s trademark licensing requirements for use of the UWM logos throughout the term of the contract. Contractors must obtain a promotional and/or resale license within ninety (90) days of award. Both CLC College Licensing and UWM’s Office of Licensing and Product Development can assist vendors in completing the licensing process expeditiously.

Questions regarding this licensing can be directed to:

Kevin O Connor

(414) 739-6598 kjoc@uwm.edu

Website for licensing information is http://www.clc.com/Licensing-Info.aspx

UWM’s current contract ends with CLC on June 30, 2024. If UWM contracts with an alternate licensing company, the contractor must become licensed with our company and meet these same requirements.

If the contractors are not licensed within ninety (90) days of the award UWM reserves the right to terminate the contract within five (5) days upon written notification and award to the next lowest bidder.

10. Artwork Services/Proofs/Remedies: The contractors must provide artwork services upon request and must provide proof of artwork. UWM strongly prefers that the artwork will be shown on the product and not as artwork alone. The artwork must be approved by the department and licensing before production and shipping may occur. UWM will not be responsible for any product that is printed and delivered without prior written approval of artwork. Instances where product is shipped without prior written approval or whereas approval was obtained but printing errors occurred, the contractor agrees to any of the following remedies to be determined by UWM:

• The product is picked up at vendor cost and replacement product is delivered at original quoted cost. If

DocuSign Envelope ID: 3A8A969D-3E26-41A2-977E-F8C6EF7BDBB7 mailto:kjoc@uwm.edu http://www.clc.com/Licensing-Info.aspx expedited shipping is required to make a UWM deadline, the bidder agrees to not pass along the additional shipping charges.

• The product is accepted by UWM at a mutually agreed upon lower price. A new invoice must be issued that reflects the “lowered price to UWM.”

• The product is returned for full credit with no invoice liability and an alternate product is chosen.

• The product is returned for full credit with no invoice liability and UWM goes to another vendor. The contractor agrees to reimburse UWM for any additional cost is the same product is purchased from an alternate vendor.

11. Ordering: Orders will be placed as needed. UWM may choose to use any supplier on the contract or to not use the contract at all as this is an optional contract for UWM.

12. Order Acknowledgments/Quotations: Contractor must provide the ordering department with a written itemized order acknowledgment or quotation detailing the quantity ordered, product descriptions, and any other requested items or applicable fees. The order acknowledgment or quotation must include a total final extended cost. Invoices must not exceed the order acknowledgments or quotations and UWM will not be liable for any additional costs. The contractor must also provide a written guaranteed cancel date to the ordering department upon request. A “guaranteed cancel date” is defined as the last possible date the vendor guarantees the order to arrive at UWM.

The terms and conditions in the contractor provided quotations are invalid and are not a part of this contract.

13. Out of Stocks/Product Substitutions: The Contractor must notify the ordering department of any shipping delays, or product availability issues as soon as possible after receipt of the order. UWM reserves the right to cancel the order upon notification from the contractor within three (3) days of notification.

Product substitutions are not allowed without written approval from UWM prior to delivery

14. F.O.B. Destination Freight Prepaid and Added: Contract prices must reflect F.O.B. Destination Freight Prepaid and Added. The contractor insures risk of loss to UWM any pays freight charges but bills UWM for the shipping costs. Delivery may be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the delivery address. Tailgate deliveries are not allowed.

Fuel surcharges will not be allowed.

Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the bid price.

15. Delivery Procedure: UWM requires that all packages be received in good condition and clearly labeled with the ordering department’s name and contact person. Contractor shall provide a separate itemized packing slip or invoice for each order.

Packing slips must have the PO number, product name, product code or UPC, and quantity shipped. The packing slip must be verified, signed, and dated by UWM personnel. At the time of delivery, a designated UWM employee will “check in the order” verifying the accuracy of the case count and the quality of the products received. UWM shall report any discrepancies (shortages, overages, or damages) to the Contractor within three (3) business days.

16. Returns/Credits: UWM will pay for products that are received as acceptable products. Overruns will be accepted or rejected at the sole discretion of UWM. UWM will make every effort to provide any information needed to the contractor regarding receiving discrepancies.

Upon written notification of items that need to be returned to the contractor, such as duplicated orders or over shipments, the items identified must be removed at the Contractor's expense. If the items are not removed within 30 days of written notification, UWM reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

17. Additional Items: UWM will be using this contract to order a wide array of products, other than those listed in

Exhibit B. UWM reserves the right to purchase any additional similar products from the Contractor. Contractors shall provide products on the same pricing basis (cost plus mark- up).

18. Sample Requests: The contractor must provide blank samples (not UWM branded) upon department request at no cost to UWM. The samples will remain the property of UWM.

19. Record and Audit: The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract at no cost to UWM. The contractor will be required to provide records within ten (10) days upon written request proving their cost basis as responded to in this Bid. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin, and local ordinances.

Contractor will be given instructions and a spreadsheet detailing the invoice number, date, item, brand, UPC code number and/or part number, product size and pack, quantity shipped, and price billed to UWM. The request will be for copies to be provided of the manufacturer's (supplier's) invoices on applicable items via email.

The audit process may be conducted two (2) times yearly, or as needed if determined that UWM is not being billed in accordance with Contract terms. All records necessary to verify pricing must be kept by the Contractor for three (3) months following an audit period.

The Contractor shall retain all applicable documents for a period of not less than five (5) years after the final contract payment is made.

20. Remedies of Audit: The contractor must reimburse UWM for any audit discrepancies in the in the amount of 1% or higher in the form of a vendor credit or a check made payable to UWM within ten (10) business days, to be determined by UWM’s sole discretion. If it is found that the Contractor has recurring audit discrepancies on a perpetual continuous basis of 10% or higher, UWM reserves the right to terminate the contract upon written notification within ten (10) business days.

21. Warranty: All products purchased under this contract shall carry a minimum the manufacturer’s warranty from the date of acceptance by UWM. All equipment must be warranted to perform at effective levels in accordance with manufacturers’ specifications, manufacturers advertised data sheets, and manufacturers’ technical publications.

22. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The UWM Contract, the RFB including any amendments, Supplier’s response with attachments including any written communications incorporated into the contract, and the purchase order, constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as listed.

For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Pamela Loignon Printed Name

Signature

Dated:

For the Contractor

Printed Name

Signature

Dated:

10/11/2023 | 4:10 PM CDT

10/11/2023 | 4:17 PM CDT

Carl Burghardt