Executed_Burghardts_Athletic_E.pdf

2024-UWMIL-00385-RFB

Internal Contract # P24-018-O28 Athletic Equipment, Accessories, and Apparel (Imprinted and

Blanks) for Internal Use 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 262-790-1170, Alternate: 262-432-8783 www.bsg1881.com

Account Rep/Orders and Billing: Carl Burghardt, carl@bsg1881.com

Contract Administrators (Day to Day Operations):

Adam Thompson, (414)251-7923, thompsar@uwm.edu

Contract Manager:

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

1. General Description: This is a contract for athletic merchandise, both hardlines and soft lines, blanks and customized, for pickup and delivery (within the greater Milwaukee area) as needed for internal use. The types of products include custom branded apparel and blanks, athletic equipment, footwear, and accessories that are not available through our current contract with Adidas. UWM intends to award multiple contracts.

This contract will mainly be used by our Athletic and Student Recreational Departments but must be made available to all UWM departments including our outlying campus locations in Waukesha and Washington Counties. This contract will be used on an as needed basis and must not be construed as a mandatory contract for UWM.

2. 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.

3. Contract Length: The contract will be from October 1, 2023, through September 30, 2024, with the option for four (4) automatic one (1) year renewals that shall be automatically renewed unless either party notifies the other within ninety (90) days of renewal period of intention not to renew. Terms and conditions of the contract shall remain the same for the initial term and all renewals. The final contract expiration date is September 30, 2028.

Terms and conditions of the contract shall remain the same for the initial term and all renewals. UWM reserves the right to extend the contract on a month-to-month basis upon contract expiration if it is in UWM’s best interest.

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

See Exhibit A for further pricing and contract information.

5. Firm Prices: The pricing basis (such as retail price less % discount, cost plus markup %, manufacturers suggested price less discount %, or attaching a price list) (see Exhibit B, cost sheet) must remain firm for the entire contract term including any renewals.

Should prices change during the contract term; it is the responsibility of the Contractor to have their pricing up to date before an order is placed by the department. All order confirmations or quotations shall match the invoice pricing.

DocuSign Envelope ID: 0533ABAF-D39A-4136-8D9E-48D20936B52F mailto:carl@bsg1881.com mailto:loignon@uwm.edu

The contractor agrees to extend this pricing to any UWM department whether the department refers to the contract or not.

6. Customer Service: Must have covered telephone service from 9:00AM to 4:00PM CT Monday through Friday.

7. Account Representative: Contractor must designate an account representative to provide communication, coordinate service, answer questions and expedite service for UWM.

8. Trademark/Licensing (Branded UWM Merchandise Only) Contractors must be licensed and comply with UWM’s trademark licensing requirements for items bearing trademarks, logos, or other symbols of UWM in which the University has a proprietary, licensed or copyright interest. All licensed vendors producing these types of customized products 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 IMG.

Licensed vendors also have access to all approved logos through the Logos on Demand program administered by IMG and Patton. Items that do not accurately reflect the UWM brand will not be approved by the Office of Licensing and Enforcement.

All branded products must be approved by both IMG and UWM’s Office of Licensing and Enforcement before they are 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 IMG’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 Enforcement as soon as possible.

Both IMG College Licensing and UWM’s Office of Licensing and Enforcement 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.

9. Artwork Services/Proofs/Remedies: (Only applies if providing artwork services): UWM prefers that upon request, the Contractor can provide artwork services.

The contractor must provide artwork proof and obtain UWM department and licensing approval before shipping.

Artwork must be shown on a mockup of the product and not as artwork alone.

UWM will not be responsible for any product that is printed and delivered without prior written approval of artwork proof. 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 products are picked up at vendor cost and replacement product is delivered at original quoted cost. If expedited shipping is required to make a UWM deadline, the contractor agrees to not pass along the additional shipping charges.

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

• The products are returned for full credit with no invoice liability and an alternative product has been chosen.

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

10. Pricing:

• The pricing basis (Exhibit B) must remain firm for the entire contract term including any renewals. The contractor agrees to extend this pricing to any UWM department whether the department refers to the contract or not.

• Should prices change during the contract term; it is the responsibility of the Contractor to have their pricing

(price list, website etc.), up to date before an order is placed by the department.

• Invoices must match the quotations, order confirmations, or pricing (online or otherwise) at the time of order.

11. Ordering / Back Orders: Orders will be placed as needed. The supplier is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within two (2) working days of receipt of order or release against existing order(s). Product substitutions are not allowed without verbal or written approval from UWM prior to delivery.

12. Order Acknowledgments: Contractor must provide an order acknowledgment detailing quantity ordered, product codes and/or descriptions, unit costs, extended unit costs, applicable artwork service charges, and a guaranteed cancel delivery date.

13. Out of Stocks: The Contractor must notify the ordering department of any back order, discontinuation of item(s), and any other delays in product availability or shipping within five (5) business days of receipt of order.

14. Product Substitutions: Product substitutions are not allowed without approval from UWM prior to delivery.

Substitutions must be made of a quality comparable to or exceeding the contract specifications and are to be provided at the contract price of the original item ordered except when the substituted items are of lessor cost. A substituted item of a lessor cost must be charged at the lessor cost.

15. F.O.B. Destination Freight Prepaid and Added: All deliveries shall be FOB Destination. Risk of loss shall be borne by the Contractor through delivery. The seller selects the carrier and pays the freight charges but bills them to UWM. Delivery will be made by a common carrier or Contractor’s truck and shall be responsible for unloading product onto the dock or into the store. Tailgate deliveries are not allowed.

16. Delivery Requirements: Deliveries may include multiple UWM delivery locations. UWM requires that all packages be received in good condition and clearly labeled with the using departments name. At the time of delivery, the Contractor shall provide a separate itemized packing slip or invoice for each order.

UWM reserves the right to add and delete delivery locations to this contract. The delivered product must be for only the awarded brand(s) and size(s).

17. Delivery Procedure: UWM shall record the counts of the product delivered against the packing slip or invoice and report any receiving discrepancies to the Contractor verbally followed by an email confirmation within forty-eight (48) business hours of any shortages, overages, and/or defective or unacceptable product. UWM will only be responsible for what product is received as an acceptable product and will pay accordingly.

18. Non-Branded Return Policy: The contractor should provide for the return of items that are ordered in error for up to thirty (30) calendar days from receipt with UWM paying only the return shipping costs.

19. Shipments, Duplicates and Over shipments: Upon notification by UWM of a duplicated order or over shipment, the items identified must be removed at the Contractor's expense. If the duplicated or over shipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

20. Additional Products: UWM reserves the right to purchase any additional related products from the Contractor.

Items and pricing (including discounts) must be consistent with the current contract items/services. The contractor shall provide like items with the same pricing basis (such as discount from price list). In instances where the pricing discounts do not apply (such as a new category) or where cost to the Contractor is unique, pricing must be forwarded to the UW-Milwaukee Purchasing Office, Pam Loignon, loignon@uwm.edu for written approval. Prior written approval must be obtained before delivery. Any items that are not in the Contract and that have not met the criteria set forth will be disallowed.

21. Vendor Agreements/Contracts: UWM will not sign Vendor-supplied agreements/contracts. Agency Purchase Orders along with this document and any amendments to this document, listing all required and necessary items will serve as the only contract document.

22. Travel Per Diems: Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility.

Payment to the Contractor by UWM shall not include an additional amount for this purpose.

23. 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.

mailto:loignon@uwm.edu

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

Signature

Printed Name

Dated:

10/3/2023 | 1:30 PM CDT

Carl Burghardt

10/3/2023 | 1:32 PM CDT

Company Burghardt Sporting Goods

Company Website and/or email address www.bsg1881.com

Carl: carl@bsg1881.com

Address 15333 W. National Ave, New Berlin, WI 53151

Phone 262-790-1170, Alternate: 262-432-8783

Sales Rep Carl Burghardt

Sales Rep Phone # Same as above

Email Address of Sales Rep carl@bsg1881.com

Ordering & Billing

Phone # 262-790-1170

Email Address for Ordering carl@bsg1881.com

Can you put UWM's pricing on a website No

Is the pricing online UWM's pricing?

Features of the Website

Do you accept charge cards? Yes, no extra charge

Net 30 Pricing Yes

Prompt pay Discounts such as 2/15? No

Types of Goods Sports Apparel, Shoes, Sports Equipment, Sports Medical Supplies, Promotional Products

Types of Services Screen printing, embroidery, web stores, sports outfitting

Non-Branded/Non- Customized Merchandise

Minimum Order No

What is your return policy?

Unembellished items can be returned for full refund/credit within 30 days.

Branded/Customized

List the brands/products are you authorized to logo?

Many more than this, but here are some: The North Face, Yeti, Under Armour, Adidas, Nike, New Balance, Carhartt, Mizuno, Rawlings, Easton, Demarini, Cutter & Buck, Champion, Brooks Brothers, Travis Matthew, Tommy Bahama, Ogio, Next Level, New Era, and many more.

Do you offer artwork services? YES, we have 4 full time graphic designers What is your minimum order for customized products? 1

Exhibit A: Athletic Equipment, Accessories, and Apparel (Imprinted and Blanks) for Internal Use

Contract: P24-018-O28 (RFB: 2024-UWMIL-00385-RFB

In general, what is your turnaround time for customized UWM products?

About 2 weeks if a "stock" item, otherwise, custom items vary by brand.

What is your return policy? Custom or embellished products can not be returned unless it is found that they are defective.

Explain your pricing

For blank garments, please see the price list attached. Key brands are listed below.

Apparel Adidas: 40% off Under Armour: 40% off Nike: 30% off New Balance: 35%off Shoes Adidas: 35% off Under Armour: 35% off Nike: 25% off New Balance: 30%off

Should prices change during the contract term; it is the responsibility of the Contractor to have their pricing (price list, website etc.), up to date before an order is placed by the department. Do you agree?

Yes

Invoices must match the quotations, order confirmations, or pricing (online or otherwise) at the time of order. Do you agree?

Yes

Do you charge for shipping?

Shipping or delivery is offered for free on all apparel orders from all suppliers. Shipping is also offered for free on most equipment orders with exceptions for oversize or overweiqht items on a case by case basis.

What do you charge for artwork services if you provide them?

Artwork services ARE FREE on BSG Property orders of 144 or more.

If you provide customization: Explain your pricing for customizations such as embroidery, screen-printing, artwork set up if you provide customization

There are no minimum orders. Pricing depends only on quantity. Setup charges apply to small orders and do not apply on larger orders. There are 2 decoration price lists, one for apparel purchased from BSG and another for items purchased elsewhere known as "customer property"

List any incentives here you will provide UWM such as website fundraising, scholarships, advertising, etc.

Website fundraising is available for web stores fully at the discretion of UWM. BSG has been a long time advertiser via Leerfield sports

Pricelists

Pricing

2023_Blank_Garme nt_Pricing

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2023_Embellishmen t_Pricing.xlsx