Executed_P23-006-O27_Race_and_Practice_Compet.pdf

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Contract P23-006-O27 Race and Practice Competitive Swimwear & Training Equipment

(Not Piggybackable to UW System, State Agencies, and Municipalities)

Contract Administrator: Kyle Clements, (414)251- 8769, clemenka@uwm.edu

Contractor:

TYR Sport 800-252-7878 1790 Apollo Ct Seal Beach, CA 90740

Michael Galindo mgalindo@tyr.com 516-289-4618

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

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 Issuing and Supplier set forth above.

1. General Description: Supply and deliver competitive swimwear and equipment. This contract will mainly be used by our Swimming and Diving team but must be made available to all UWM departments

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/Type: The contract will be for a three (3) year period from August 1, 2022, through July 31, 2025, with the option for two (2) one (1) year renewals that shall be automatically renewed unless either party notifies the other within sixty (60) days of renewal period of intention not to renew. Terms, conditions, and pricing (the unit price) shall remain the same for the initial term of the contract and all renewals, unless the contractor can prove increased costs industry wide and upon written approval of UWM.

4. Pricing: Accepts purchase orders net 30 and charge cards with no additional fees. See Exhibit B for pricing.

5. Price Escalation: Prices shall remain firm for the initial term of the contract and all renewals unless the contractor can prove increased costs industry wide and upon written approval of UWM. Price changes must be requested and approved by UWM in writing not less than forty-five (45) days prior to the day in which they are to be effective to loignon@uwm.edu. These requests must be supported by documented increases in the cost to the contractor which are demonstrated to be industry wide.

6. Contract Requirements / UWM: UWM agrees to purchase at a minimum for each year of the contract the items in the quantities as noted below per athlete on the roster. UWM also intends to purchase any replacements and other equipment as needed. Products provided that will be used in meets and races must be approved for NCAA Division 1 use.

Qty 1: Technical Race Suit: (VICI or PHENOM Fina approved or equal to or better) Qty 2: Practice: Male: solid briefs; Female: solid female x back Qty 1: Swim Goggles Qty 1: Swim Caps (latex or silicone): Caps with a vendor logo will be worn in competition and training throughout the agreement.

UWM agrees to purchase exclusively from the contractor, other training equipment as needed listed below:

Snorkels Fins Hand Paddles Swim Backpack Kickboards Pull Buoys

DocuSign Envelope ID: A372AABD-2F7D-4ADE-9CA3-F44518624DAD mailto:clemenka@uwm.edu mailto:mgalindo@tyr.com mailto:loignon@uwm.edu

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For the 22-23 season UWM expects, (not a guarantee), to purchase at a minimum sixteen (16) each of the training equipment as listed above.

TYR will provide 8% cash back and a $2,000 MSRP Product Voucher annually upon Team achieving $300 per swimmer in annual sales. *Team sales calculated annually. Bonus is paid to Team within 30 days of TYR receiving an invoice.

7. Contract Requirements / Contractor:

a. Must be provide all the items UWM agrees to purchase as listed in Section 6.

b. Must provide a coach’s apparel allowance for each year of the contract in the amount of $500 total.

8. Ordering: Order minimum is $0.00. UWM usually places a large bulk order each August to supply the incoming class with their equipment and practice suits. Championship suits are usually ordered in January. UWM will order replacement pieces and other items as needed throughout the year.

Contractor must not have any minimum order requirements.

9. Delivery F.O. B. Destination Freight Prepaid and Added: Orders must be delivered as soon as possible but no later than four (4) weeks after receipt of the order unless written permission is given by UWM. Everything is needed in hand by September 1st each year with the exception of the technical suits which are needed in January.

Occasional emergency deliveries may be requested.

Prices shall be fully inclusive of all costs such as but not limited to, product, packing, packaging, insurance, and delivery to the dock. Contractor ensures risk of loss to UWM receipt and pays freight. Freight charges may be billed to UWM.

Deliveries are accepted Monday through Friday between the hours of 8:00AM - 4:00PM CST to the following location:

UW Milwaukee Swimming and Diving Attn: Kyle Clements 3409 Downer Avenue Milwaukee WI 53211 clemenka@uwm.edu

10. Vendor Product Fulfillment: All contracted items must be readily available, to meet the specified delivery requirements. Contractor must notify UWM of any back order, discontinuation of item(s), or other shortages or delays in shipping within twenty-four (24) business hours of receipt of order.

11. Back Orders / Substitutions: Product substitutions are allowed with written approval from Kyle Clements, clemenka@uwm.edu, prior to delivery. Substitutions must be made at a quality comparable to or exceeding the contract specifications and are to be provided at the contract price or lower of the original item ordered.

12. Returns/Credit: Contractor shall accept returns or exchanges at full invoiced cost, under the following conditions:

Product damaged in shipment.

Product with concealed damage.

Product that does not meet quality requirements.

Product that does not meet the specifications or terms and conditions of the bid.

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.

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with UWM paying only the return shipping costs.

DocuSign Envelope ID: A372AABD-2F7D-4ADE-9CA3-F44518624DAD mailto:clemenka@uwm.edu mailto:clemenka@uwm.edu

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13. 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.

14. Warranty: Contractor must honor, at a minimum, the manufacturer’s warranty.

15. Subcontracting: Subcontracting is not allowed.

16. Additional Products: UWM reserves the right to purchase any similar, “like” additional products from the Contractor’s product line. Prior written approval must be obtained by Pam Loignon, loignon@uwm.edu before delivery. Any items that are not in the Contract and that have not met the criteria set forth will be disallowed.

17. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The contract, 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 as follows: the contract, the bid document, the response to the bid, and the UWM purchase order if one is issued.

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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

7/14/2022

Dated

For the Contractor

Signature

Printed Name

Dated:

Michael Galindo

7/22/2022

7/25/2022 | 7:33 AM CDT

Quantity Product

Price (Must include Shipping Charges FOB

Destination) Style and Brand you are Bidding

Technical Race Suit: Male

(VICI or PHENOM Fina approved or equal to or better)

Avictor $173.5 Venzo $173.5 Invictus $125

TYR Avictor High Waist or Jammer TYR Venzo High Waist or Jammer TYR Invictus Jammer

Technical Race Suit: Female

(VICI or PHENOM Fina approved or equal to or better)

Avictor $248.5 Venzo $248.5 Invictus $175

TYR Avictor Open or Closed Back TYR Venzo Open or Closed Back TYR Invictus Open Back

Practice Suit: Male Solid Briefs

15.00$ TYR Durafast Elite Solid Brief

Practice Suit: Female Solid Female X Back 30.00$ TYR Durafast Elite Solid Cutoutfit

1 Swim Goggles 10.00$

1 Swim Cap Latex 1 color logo $1.61 2 color logo $1.79

1 Swim Cap Silicone 1 color logo $3.86 2 color logo $4.24

1 Snorkel 16.50$

1 Fins 16.50$

1 Hand Paddles 9.00$

Exhibit B Cost Sheet

UWM will purchase in the quantity as listed in Column A for each of the items listed below per athlete per year of the contract.

UWM agrees to purchase exclusively from the contractor, other training equipment as needed listed below

1 Swim Backpack 38.00$

1 Kickboard 8.00$

1 Pull Buoy 5.00$