Executed Contract Baseball Equipment.pdf

Baseball Equipment for UW Milwaukee Panthers

RFB: 2026-UWMIL-01068-RFB

Contract #: P26-002-O29

Piggyback No 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

Account Representative: Carl Burghardt, carl@bsg1881.com 262-432-8783

Orders and Billing: Angela Hawver, angela@bsg1881.com 262-790-1170

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 the provision and delivery of Rawlings and Easton (or equivalent or better) baseball equipment and accessories for the Milwaukee Panther Baseball team that our mandatory contract with Adidas cannot fulfill. In addition to exclusively using the products specified in Exhibit B, UWM will support the partnership with select social media posts.

While UWM’s Baseball Team will be the primary user, this mandatory, as-needed contract is binding for the Milwaukee Panther Baseball Team and optional for any other UWM departments. If agreed upon by the awarded contractor, the contract may also be extended to other State of Wisconsin entities, municipalities, and Universities of Wisconsin institutions.

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 charge 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.

• Specific order(s): issued as one-time orders.

• Purchasing Card order(s): issued as one-time order(s).

• Contract blanket order(s): issued for a specified period, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

3. Contract Length: The contract will be from September 1, 2025, to August 31, 2028, with the option for two (2) available one (1)-year renewals that shall automatically renew unless either party notifies the other in writing of their intent not to renew at least ninety (90) days prior to the expiration of the term. 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: The Contractor does accept credit cards with no additional fees. The contractor accepts purchase orders net 30 terms. See Exhibit B for contract pricing.

5. Escalation/De-Escalation Clause: The bid prices listed in Exhibit B shall remain firm for the initial three (3) year term of the contract. However, prices may be adjusted during this period only in the event of tariffs or governmental fees imposed outside the contractor’s control.

Following the initial three-year term, price increases will be limited to one (1) adjustment per year. Requests for such increases must be submitted in writing to loignon@uwm.edu at least sixty (60) days in advance of the proposed mailto:carl@bsg1881.com mailto:angela@bsg1881.com mailto:thompsar@uwm.edu mailto:loignon@uwm.edu effective date. All requests must include documentation supporting industry-wide market changes beyond the contractor’s control. Any increase must be reviewed and approved by the UWM Purchasing Office prior to taking effect. Approval will be provided in writing, including email.

6. UWM Responsibilities and Requirements:

• UWM agrees to use Easton and Rawlings products (or products of equal or superior quality), as outlined in Exhibit B, exclusively during all games and practices. In addition, the Milwaukee Baseball team will utilize a representative selection of other Easton and Rawlings baseball equipment on a non-exclusive basis.

• Milwaukee Baseball's official social media channels will post promotional content each contract year featuring

Milwaukee Baseball along with Easton and Rawlings products. A minimum of six (6) social media posts will be made annually during the academic calendar year.

7. Ordering: UWM will place their initial orders with the supplier on or before December 15th each year prior to the start of the Milwaukee Panther playing season. Orders will be placed via telephone, email, or online on an as needed basis Monday through Friday.

8. Delivery F.O.B. Destination Prepaid and Allowed: The contractor retains title and control of goods until they are delivered, and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller pays the freight charges but invoices UWM for the shipping charges. The contractor shall be responsible for unloading products onto the dock or into the store. Tailgate deliveries are not allowed.

9. Delivery Timing: Deliveries are required as soon as possible but no later than thirty (30) days after receipt of order, (orders placed after 12:00PM CDT will be considered the next day) Monday through Friday to the following location:

UW-Milwaukee University Recreation | Klotsche Center & Pavilion; 3409 N Downer Ave, Milwaukee, WI 53211

UWM reserves the right to add and delete delivery locations to this contract.

10. Product Fulfillment: All contracted items must be readily available, to meet the specified delivery requirements. The

Contractor is required to notify the ordering department of any back order, discontinuation of item(s), or other shortages or delays in shipping within forty-eight (48) hours of receipt of order.

11. Product Substitutions: Product substitutions are not allowed without verbal or written 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.

12. Receiving/Packing Slips: 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, damages, and/or products for return or exchange to the Contractor within three (3) business days. UWM reserves the right to refuse payment on any unsigned packing slip or packing slip signed by unauthorized personnel.

13. Returns/Credit: UWM agrees to have defective bats returned no later than June 30th each year after the current playing season.

The contractor shall accept returns or exchanges without a restocking fee, at full invoiced cost, under the following conditions:

• product shipped in error (overages, shortages, and “items picked in error”)

• product damaged in shipment

• product not in original packaging from the manufacturer, faulty, or with compromised packaging upon shipment

• product under recall (anytime)

If the items are required to be returned to the contractor, the items must be removed at the contractor’s expense.

UWM reserves the right to dispose of any items that have not been removed within ten (10) business days of written notice and shall not be held liable for any costs for the items.

14. Sales Representative: Contractor must provide a resolute sales representative to UWM. UWM reserves the right to request and obtain an alternate Sales Representative within twenty-one (21) business days upon written notification, if it is in UWM’s best interest.

15. Additional Products: UWM reserves the right to purchase any additional related products from Contractor’s product line.

16. Required Reports: Upon request, the Contractor must provide UWM with a list of all items purchased against this contract during the requested report period. Reports shall be requested no more than twice per year and must be provided within ten (10) business days of the request. The information shall include, but be limited to the following information:

Date of order/release Item manufacturer’s name or abbreviation (if applicable) Complete item description including catalog, model, and/or stock number(s) identical to those stated in proposal Prices per the Contract Quantities ordered

17. Termination by Contractor: The Contractor/Supplier reserves the right to terminate this Agreement immediately upon written notice to UWM if any of the following conditions occur: Upon such termination, UWM shall forfeit all free products provided during the term of this Agreement and will be invoiced for the value of these goods.

18. Breach of Agreement: UWM fails to adhere to any terms or conditions outlined in this Agreement, including but not limited to the use of competitor products as specified in Exhibit B.

19. Conduct Detrimental to Contractor: In the sole discretion of the Contractor/Supplier, the commercial value of UWM’s endorsement and related services is substantially impaired due to actions by UWM that:

• Shock or offend the community, including but not limited to indictment for any crime or filing of criminal charges.

• Manifest contempt or disregard for diversity, public morals, or decency.

• Disparage the Contractor/Supplier's brand, or discourage the use of, alter, deface, or remove the Contractor/Supplier's logos on products used or worn by UWM.

20. Breach of Warranty or Material Terms: UWM breaches any warranty or other material term of this Agreement.

All notices of performance failure must be submitted via email to Pam Loignon, loignon@uwm.edu.. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

21. Termination by UWM:

• UWM may terminate this Agreement at any time should the Contractor/Supplier fail to comply with the terms and conditions of this Agreement. In the event of such termination, all free products provided shall remain with UWM.

• If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

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

Printed Name

Signature

Dated:

For the Contractor

Printed Name

Signature

Dated:

UWM Planned Purchases in

Eaches Item Description Brand and Model #

Unit Price for 1 item (not pack) if UWM were to order the Qty as listed in Column A

Freight Charges for the Qty as listed in Column A if applicable.

Extended Cost

18 BBCOR Bats Rawling #RBB5I3 200.00$ $0.00 3,600.00$

840 Practice Balls Rawling #FSOLBX 5.42$ $0.00 4,552.80$

420 Game Balls Rawling #FSR1NCAA-HL 8.05$ $0.00 3,381.00$

14 Fielding Gloves Rawling #PROPRFCG 220.00$ $0.00 3,080.00$

30 Batting Gloves Rawling #MAVGTBG 11.20$ $0.00 336.00$

18 Travel Bags Easton #A159037 22.00$ $0.00 396.00$

18 Field Bag Easton # LAGSHIPDFL 72.00$ $0.00 1,296.00$

8 Helmets Rawling #PMXML 30.00$ $0.00 240.00$

4 Catchers Gear (Full Kit) Easton #ELXCPA, #ELXLGA, #ELXCHS Rawling #PRXSKLCPSM, #HYPLTMASK 254.00$ $0.00 1,016.00$

There are no shipping costs on Rawlings/Easton items

Total Extended Cost 17,897.80$