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HomeMy WebLinkAbout128-11 RESOLUTIONRESOLUTION NO. 128-11 A RESOLUTION AWARDING RFP #11-07 AND AUTHORIZING A CONTRACT WITH CHALLENGER TEAMWEAR IN THE AMOUNT OF $12.15 EACH FOR YOUTH SOCCER UNIFORMS FOR THE FALL 2011 AND SPRING 2012 SEASONS, WITH AN AUTO -RENEWAL OPTION FOR THE FALL 2012 AND SPRING 2013 SEASONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #11-07 and authorizes a contract with Challenger Teamwear in the amount of $12.15 each for youth soccer uniforms for the Fall 2011 and Spring 2012 seasons, with an auto -renewal option for the Fall 2012 and Spring 2013 seasons. PASSED and APPROVED this 19th day of July, 2011. APPROVED: B ATTEST: By: gimYP►rrrr, I :FAYETTEVILLE: =1 '"7.9,�,kA NSP J2a avideuti SONDRA E. SMITH, City Clerk/Treasurer Chase Gipson Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/19/2011 City Council Meeting Date Agenda Items Only Parks and Recreation Division Action Required: Parks and Recreation Department Resolution to award RFP #11-07 to for the purchase of youth soccer uniforms in the amount of $ for the Fall 2011 and Spring 2012 season, with option for autorenewal for Fall 2012 and Spring 2013. Cost of this request 1010.5220.5200.05 Account Number N/A Project Number Budgeted Item x 52,268.00 Category / Project Budget 22,812.26 Tournament Supplies and Awards Program Category / Project Name Recreation Admin Funds Used to Date Program / Project Category Name 29,455.74 General Remaining Balance Fund Name Budget Adjustment Attached City Attorney 401 0. Finance and Internal Services Director `rr Date Date —7-5r-2(4( Date all /AA-- C Chief of Sta Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 07-01-1 1 P02:00 RCVD Clerk's Office Ma•r ate Received in Mayor's Office Comments: Revised January 15, 2009 ook,k4- al aizittt.i wpm City Council Meeting of July 19, 2011 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Chase Gipson, Recreation Superintendent Date: June 30, 2011 Subject: Resolution to approve a purchase of youth soccer uniforms from Challenger Teamwear in the amount of $12.15 each for the Fall 2011 Season and the Spring 2012 Season. RECOMMENDATION Parks and Recreation Staff recommends City Council award RFP # 11-07 to Challenger Teamwear for $12.15 each for the Fall 2011 and Spring 2012 Season, with option for auto -renewal for Fall 2012 and Spring 2013. The amount for the Spring Season depends on the number of children who enroll in the program. Allowing an amount for the Spring Season enables the children who register to play only in the Spring Season to have the same uniform design as the children who play in the Fall Season. BACKGROUND One of the fastest growing recreation programs in America is youth soccer. Fayetteville Parks and Recreation's Soccer Program is no exception. This past fall and spring, approximately 1,646 different kids participated in Fayetteville's soccer program, with 1,386 playing in the fall and an additional 260 new participants in the spring. Fayetteville has one of the three largest recreational youth soccer programs in Arkansas. DISCUSSION Currently, Fayetteville Parks and Recreation charges a registration fee ranging from $50 to $95 per participant, depending on age. Included in this registration fee is the price for uniforms, a secondary insurance fee, equipment, official's fees and other expenses associate with the program. More specifically, Parks and Recreation budgets approximately $16 per child for soccer uniforms. This includes a shirt, shorts and a pair of soccer socks. An RFP was released asking companies to submit possible uniforms for our program to use. The selection committee consisted of Four companies submitted a proposal for the uniform purchase ranging in price from $12.15 - $22.61 per uniform set. The committee chose the Challenger Teamwear due to its high quality and durability at a low cost of $12.15 each for year one and $12.51 each for year two if auto -renewed. RESOLUTION NO. A RESOLUTION AWARDING RFP #11-07 AND AUTHORIZING A CONTRACT WITH CHALLENGER TEAMWEAR IN THE AMOUNT OF $12.15 EACH FOR YOUTH SOCCER UNIFORMS FOR THE FALL 2011 AND SPRING 2012 SEASONS, WITH AN AUTO -RENEWAL OPTION FOR THE FALL 2012 AND SPRING 2013 SEASONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #11-07 and authorizes a contract with Challenger Teamwear in the amount of $12.15 each for youth soccer uniforms for the Fall 2011 and Spring 2012 seasons, with an auto -renewal option for the Fall 2012 and Spring 2013 seasons. PASSED and APPROVED this 19th day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer aye evi City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFP (REQUEST FOR PROPOSAL) REQUEST FOR PROPOSAL: RFP 11-07, Soccer Uniforms DEADLINE: Wednesday, July 06, 2011 at 2:00:00 PM, local time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen@ci.fayetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Friday, June 17, 2011 REQUEST FOR PROPOSAL RFP 11-07, Soccer Uniforms No late proposals will be accepted. RFP'S shall be submitted in sealed envelopes labeled "RFP 11- 07, Soccer Uniforms" with the name and address of the Proposer. RFP's shall be submitted in accordance with the attached City of Fayetteville specifications and RFP documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E -Mail: Title: Phone: Business Address: City: State: Zip: Signature: Date: City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 1 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Proposal Information Form VENDORS WHO DO NOT WISH TO RESPOND ARE NOT REQUIRED TO DO SO. THIS FORM MUST BE SUBMITTED WITH ALL PROPOSALS. FAILURE TO DO SO COULD RESULT IN YOUR PROPOSAL BEING REJECTED AND NOT CONSIDERED FOR SELECTION Please Print or Type Company Name: Address: City: State: Zip Code: Phone: Fax: Email: Web Site: RFP NUMBER AND RFP OPENING DATE "MUST" BE NOTED ON OUTSIDE OF ENVELOPE. PROPOSALS MAY NOT BE FAXED DIRECTLY TO THE CITY OF FAYETTEVILLE IN RESPONSE TO THIS REQUEST FOR PROPOSAL. PROPOSAL MUST BE SIGNED IN INK OR IT WILL NOT BE CONSIDERED. 1.) Price Per Uniform (includes shirt, shorts & socks) : $ (NOT INCLUDING TAX) Note: An estimate of 1,800 per fall/spring combined season for a total of approximately 3,600 uniforms if the City renews the purchase for the second term. 2.) Processing time from City order to shipment of items: Calendar Days 3.) **Do you want your samples returned? YES NO (circle one) **If yes, City will send via FedEx and charge Proposer's FedEx number: 4.) Price will increase % Per uniform for term 2 of this purchase (Fall 2012, Spring 2013) Name (Type or Print): Title: *Signature: Date: *This section must be signed by an individual who has proper authority to sign documents on behalf of company submitting a proposal. Acknowledge Addendum No. Acknowledge Addendum No. Acknowledge Addendum No. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 2 of 15 Dated: Dated: Dated: City of Fayetteville RFP 11-07, Soccer Uniforms Terms and Conditions 1. SUBMISSION OF PROPOSAL: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Proposal should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. e. All Proposers shall submit two (2) sets of their proposal as well as one (1) electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to City employees. f. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. The names of respondents only will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. g. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. i. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. j. Proposers should have experience in work of the same or similar nature, and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. I. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before 2:00:00 as shown by the atomic clock located in the Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 3 of 15 No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals will be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to The City".. b. The Proposer shall promptly notify Andrea Foren, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 4of15 notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal, based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 11 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 5 of 15 c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid throughout project completion. 19. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its Proposer to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 20. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the Proposer even if the hourly work actually performed by the Proposer would not justify such fee. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 21. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 6 of 15 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City 22. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 23. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 24. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 25. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 26. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 27. SERVICES AGREEMENT: City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 7 of 15 A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 28. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 29. OTHER GENERAL CONDITIONS: a) Proposer is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c) Each Proposer should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d) Proposers must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. e) The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. f) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g) If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h) Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. i) NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8220) or e-mail ( aforenCWci.favetteville.ar.us ). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. j) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforen a(�,ci.fayetteville.ar.us) or telephone City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 8 of 15 (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. k) "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit an "Authorized Negotiator Form" containing the signature of a duly authorized officer or agent of the Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed. m) Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. n) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. o) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substan- tially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. p) q) The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. Samples will not be returned to the Proposer unless Proposer pays for shipping to return samples AND notes such on the "Proposal Information Form". In order for the City to return samples, Proposer shall provide FedEx billing account number. In the event Proposer does not provide FedEx billing information OR pick up uniform samples within thirty (30) days of RFP deadline, the samples become the property of the City of Fayetteville. r) Proposer shall submit a sample for EACH uniform design proposed. For example, if a vendor is proposing three (3) different design options, three (3) full uniform samples shall be submitted with each design, including jersey, shorts, & socks. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 9 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Project Information & Specific Conditions The City of Fayetteville is now accepting proposals for the purchase of uniforms for the 2011 — 2012 Youth Soccer Season. Proposals shall include prices for adult and youth soccer uniforms. Approximately 1,800 uniforms will be ordered for the duration of a soccer year. Uniforms should include shirt, shorts and socks and have a wide variety of color choices. The bids will be evaluated using the City's Professional Services Selection Policy, PUR-13. In evaluating the qualifications of each proposal, a review committee will consider the following criteria with the assigned point values that total 100 percent. Evaluation factors outlined shall be applied to all eligible, responsive Proposers in comparing proposals and selecting the successful bidder. While the City of Fayetteville reserves the right to interview any or all Proposers, award of a purchase may be made without discussion with bidder after proposals are received. Proposals should, therefore, be submitted on the most favorable terms available. To be considered, written proposals shall be received by Wednesday, July 06, 2011 before 2:00:00 PM, in the format set fourth in the accompanying documents. A non-responsive or incomplete proposal will not be considered. Please note that a complete, responsive proposal is one that includes samples. Proposals received after this deadline will not be considered. Proposals should be hand delivered or mailed to the following address: Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 West Mountain Street — Room #306 Fayetteville, AR 72701 Telephone: (479) 575-8220 The outside of the envelope must be clearly marked "RFP 11-07, Soccer Uniforms". 1. Approximately 1,800 uniforms will be ordered for the duration of a soccer year. Uniforms should include shirt, shorts and socks and have a wide variety of color choices. 2. The City of Fayetteville reserves the right to deviate from estimated quantities. 3. All pricing shall include numbering on the back of the uniforms before shipment. Numbering will be limited at two numbers per jersey. Numbering shall be available in several colors to match uniforms accordingly and be a minimum of 7 inches in height. 4. Proposals should include shipping requirements and order processing time between when the City of Fayetteville places the order and receives the order. 5. This initial contract is for the Fall 2011 and Spring 2012 soccer season. Upon mutual agreement of both parties, the contract may be renewed for one more season, to include Fall 2012 and Spring 2013 subject to budget and Fayetteville City Council approval. 6. The City desires to contract with vendors that consider and demonstrate sustainable practices as a priority. Proposers are encouraged to explain their sustainable practices in their response. 7. This RFP will be awarded using the following evaluation criteria: 1. Qualifications 20% Qualifications in relation to project to be performed as well as information reflecting qualifications of the Proposer will be taken into consideration. Indicate specialized experience of the Proposer in connection with the type of service required as outlined in the purchase. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 10 of 15 2. Experience, Competence & Capacity for Performance 25% Quality, design and appearance of the proposed uniform will be taken into consideration. The uniform will consist of shirt, shorts and socks. Uniforms need to be available in all sizes and colors. Sizes should range from Youth Small (YS) to Adult Extra Large (AXL). The variety of colors should range from 12 — 16 per style. Proposers are encouraged to present several possible uniform designs to the committee. Each proposed uniform SHALL be submitted with a full uniform sample and pricing. 3. Proposed Work Method 25% Proposed method of doing work is another consideration. This includes shipping prices and procedures. A proposed work plan of how Fayetteville Parks and Recreation and your organization will work. This includes organization's contact, ordering, customer service and the turn -around time between the order and the date the shipment is received. It is very important the Proposer specify the length between actual order time and a ship date. 4. Past Performance 20% Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, past performance records with others will be used, including quality of work, timely performance, diligence, ability to meet past budgets, and any other pertinent information. Proposer will provide a list of similar orders performed and person whom we can contact for information. 5. Price 10% All pricing should include numbering on the back of the uniforms before shipment. Numbering will be limited at two numbers per jersey. Numbering must be available in several colors to match uniforms accordingly and be a minimum of 7 inches in height. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page11 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: BUSINESS ADDRESS: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME PART TIME PLEASE LIST LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST THREE (3) YEARS (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 12 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Statement of Disclosure — To Be Submitted With ALL Proposals This page does not count towards page limitations set forth in this request for proposal or bid. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL: I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and ii. My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Printed Name Signature Date City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 13 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Debarment Certification Form — PLEASE SUBMIT WITH ALL PROPOSALS As A PROPOSER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: PHONE: EMAIL: FAX: SIGNATURE: DATE: NOTICE: CAUSE: Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Govemment contract, such as a wilful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(2) Drug Free Workplace Act of 1988.) TREATMENT: Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the City determines that there is a compelling reason for such action. Govemment prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 14 of 15 City of Fayetteville RFP 11-07, Soccer Uniforms Statement of No Bid — Please submit if applicable In order to assist the Purchasing Division of Fayetteville in evaluating and improving our solicitation process, we are asking for completion of this form and returning via fax or e-mail. By submitting this form, it will assist us in evaluating all response, improving our bid solicitation process, and to maintain a positive relationship with our vendors. We, the undersigned, have declined to bid for the following reason(s): 1. We do not offer this service/product 2. Our schedule would not permit us to perform 3. Unable to meet specifications 4. Insufficient time to respond to the Invitation to Bid 5. We are unable to meet bond requirements 6. Other (Explain) *NAME OF FIRM: *BUSINESS ADDRESS: *CITY: *STATE: *ZIP: *PHONE: FAX: *E-MAIL ADDRESS: *BY :( PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: *DATE: *PLEASE LIST OTHER COMMENTS BELOW: *Please note: We appreciate your feedback on this form and are very interested in your reason for not bidding. Please do not hesitate to contact us at 479-575-8220 if you have questions, comments, or concerns regarding these bid documents. City of Fayetteville, AR RFP 11-07, Soccer Uniforms Page 15 of 15 RESOLUTION NO. A RESOLUTION TO APPROVE AND AWARD REQUEST FOR #11-07 TO IN THE AMOUNT $ FOR ABOUT 1,800 YOUTH SOCC FOR THE 2011-2012 SEASON FAYETT P'`OPOSAL ABOUT UNIFORMS IT RESOLVED BY THE CITY COUNCIL OF ILLE, ARKANSAS: THE CITY OF Section That the City Council of the City f Fayetteville, Arkansas hereby approves and awds the selection of pursuant to its Request for Proposal #11-0 o provide approximately 1,80 Fayetteville Youth Soccer uniforms for the 2011-2012 seasn in the amount of about 'A (depending on the number of unifo s ordered). PASSED and APPROV 4 1 this 19th dy of July, 2011. APPROVED: ATTEST: By: B. LIONELD JORDAN, May• ONDRA E. SMITH, City Clerk/Treasurer