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HomeMy WebLinkAbout165-19 RESOLUTIONOF FpYETrf 1 � 9RKANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 165-19 File Number: 2019-0391 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS 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 19-29 and authorizes a contract for the purchase of youth soccer uniforms from American Soccer Company Inc d/b/a Score Sports, in the amount of $12.10 plus applicable taxes per uniform for the Fall 2019 and Spring 2020 seasons with an option to renew for up to four additional one-year terms. PASSED and APPROVED on 7/16/2019 Page 1 Attest: — LY' &' .-4_& Sondra E. Smith, City Clerk Treasure```.�qunr►rir���z `� G�ERK TR ��i `N��J.• CITY p�;y�Gi Printe4n'b/��/� ` City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 t/ Text File --'/ File Number: 2019-0391 Agenda Date: 7/16/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 RFP 19-29 AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS: A RESOLUTION TO AWARD RFP 19-29 AND AUTHORIZE A CONTRACT FOR THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM AMERICAN SOCCER COMPANY INC. D/B/A SCORE SPORTS IN THE AMOUNT OF $12.10 PLUS APPLICABLE TAXES PER UNIFORM FOR THE FALL 2019 AND SPRING 2020 SEASONS WITH AN OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS 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 19-29 and authorizes a contract for the purchase of youth soccer uniforms from American Soccer Company Inc d/b/a Score Sports, in the amount of $12.10 plus applicable taxes per uniform for the Fall 2019 and Spring 2020 seasons with an option to renew for up to four additional one-year terms. City of Fayetteville, Arkansas Paye 1 Printed on 711 712 01 9 Lacie Ballard Submitted By City of Fayetteville Staff Review Form 2019-0391 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/26/2019 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Parks and Recreation Staff recommends City Council to award Bid 19-29 to American Soccer Co. Inc. dba Score Sports, for the purchasing of soccer uniforms for the fall 2019 and spring 2020 seasons at the cost of $12.10 per uniform. The resolution includes an option to renew for an additional four (4) one-year renewals. Budget Impact: 1010.520.5220-5200.05 Tournament Supplies/Awards Account Number n/a Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Fund Parks Development Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 81,179.00 $ 24,079.02 r$ 57,099.98 $ 27,000.00 $ 30,099.98 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 16, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Lacie Ballard, Recreation Program Manager DATE: June 26, 2019 SUBJECT: Resolution to approve the purchase of youth soccer uniforms from American Soccer Company Inc. dba Score Sports in the amount of $27,000 for the fall 2019 and the spring 2020 seasons. RECOMMENDATION: Parks and Recreation Staff recommends City Council Award Bid 19-29 to American Soccer Company Inc. dba Score Sports for $27,000 for the purchasing of soccer uniforms for the fall 2019 and spring 2020 seasons. BACKGROUND: The City of Fayetteville operates one of the largest youth soccer programs in Arkansas for youth ages 3 to 19. This past fall 1,365 youth participated, and 1,353 youth participated this past spring. 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. The resolution includes an automatic option to renew for an additional four (4) one-year renewals. DISCUSSION: Currently, Fayetteville Parks and Recreation charges a registration fee ranging from $60-$125 per participant, depending on age, fall season only, or a full year registration option. Included in this registration fee is the cost of uniforms, a secondary insurance fee, equipment, official's fee, and other expenses associated 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, along with the cost of printing a team name and sponsor logo on each jersey. A formal invitation to bid received 13 bids from various companies ranging from $11.89 - $18.75 per uniform set consisting of a jersey, shorts, and socks. The two lowest bids were from Ad - Wear & Specialty of Texas Inc. at $11.89 per uniform set and American Soccer Company Inc. at $12.10 per uniform set. Staff recommends American Soccer Company due to its high quality while also meeting all the specifications as outlined in the bid requirements. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The bid from Ad -Wear & Specialty of Texas was not complete and did not meet all the bid specifications required such as the youth x -small uniform size, providing at least 10 different sock color options and failed to submit a current year catalog of their product for specification review. After requesting uniform samples, Park Staff found the fabric from Ad -Wear & Specialty of Texas were not as light weight, breathable, nor provided a wide variety of designed patterns in their fabric and did not offer more sizes in their socks than youth small as samples provided by the second lowest bidder, American Soccer Company. The cost difference of the bid was $357.00 or $.21 per uniform. American Soccer Company also included in their bid to provide two free gifts for each team which included goalie shirts and soccer ball bags at a value of over $800.00. Parks and Recreation has purchased the Score uniforms which is provided by the American Soccer Company in the past and were very satisfied with the quality of their uniforms, the unique uniform designs, and the service provided with accurate orders of mass quantities, colors and sizes, as well as a quick turn -around in delivery of the uniforms. The soccer uniforms provided for our program are very important to our participants. The children like to wear uniforms that are unique with bright, fun colors and designs. They also prefer uniforms constructed of a comfortable and light weight material. Participants are often seen wearing their soccer uniforms around town, advertising our soccer program and sponsors. Score uniforms are a leader in the soccer industry by providing quality, comfortable and affordable products. We are not assured that uniforms provided by Ad -Wear and Specialty of Texas would provide the quality, bright colors and unique designs in addition to thickness and breathability of the fabric. The company was also not responsive regarding the variety of sock colors and providing x -small youth sizes as specified in the RFP. After reviewing the samples, Park Staff does not believe Ad -Wear and Specialty of Texas would meet our soccer community's expectation of the uniform quality they are accustomed to having through our program. Based on the incomplete submittal, Park Staff is recommending the second lowest bid from the American Soccer Company be approved for their quality of uniform, known exceptional service provided for providing mass quantities of uniforms, as well as meeting all specifications of the bid and the bonus of the additional products valued at over $800. BUDGET/STAFF IMPACT: The 2019 Operational Budget includes $27,000 for the purchase of soccer uniforms. This purchase will include an approximate total payment of $27,000 for fall 2019 and spring 2020. These expense figures depend on the number of participants who register to play. The resolution includes an automatic option to renew for an additional four (4) one-year renewals. Attachments: Official Bid Tabulation American Soccer Co. Inc. dba Score Sports — bid submittal Contract with American Soccer Co Inc. dba Score Sports ~ N 1 ro d o a A n � d n S 8 Zmo o - a v 3 n n N fn < ua dr n v v m 3 S' i v O P 8 � m n-$? m j ro v iv o io m e m N N N N N to U N N N U N N Cn N N N VI N N N N N LA N �D N U S S S O (A Vf t/� V? N Vf U1 iA N N in N V? O m_ N 01 N V7 N OD N O on a• � n N A W r W N N A N V7 to O W A N O m IN V1 lal 10 OD N Ln V lD V1 O U1 V O 00 V O U1 A N W N O N n v (D u — 1 m d O OO In O O lA In U'i Vt lfl O V W O O O O O O O O U � 7 o � d d C O O O O O O O O 0 o .i in O O O O d N r o�6$ w d o ° O C lh In �n y'f N N VF N N. N N N V1 V. N N Ln N v1 N N N N N N V1 7 A N A 3 N 7 C C S N 7 V m O J 61 J tD U W A pWp 00 N 910 W � S U U P o vNi J' Vii 0 lin O lOn U p U O� O S C U 8 lOn W O� d N N Vl N N N N N N N N y., V1 V� V• N N `n Vt In N N N N In N... O E s J v N O N 1+ 0O • a mp� W � p Q S� O U �`+ tv'n O U O U S O8 pp O A (^ � c V Z f p" O O J N p I r�N ID w �D U S S S O (A Vf t/� V? N Vf U1 iA N Vf in N V? O m_ N 01 N V7 N OD N O N N N A W r W N N A N V7 to O W A N O m IN V1 lal 10 OD N Ln V lD V1 O U1 V O 00 V O U1 A N W N O N N N m d O OO In O O lA In U'i Vt lfl O V W O O O O O O O O O O S O O O O O O O O O O O O O O City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAY E T T E V I L L E 113 W. Mountain Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 19-29, Soccer Uniforms DEADLINE: Thursday, May 09, 2019 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar..gov DATE OF ISSUE AND ADVERTISEMENT: 4.16.2019 INVITATION TO BID Bid 19-29, Soccer Uniforms No late bids will be accepted Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder 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: AMERICAN SOCCER CO. INC. dba SCORE SPORTS Contact Person: VANESSA MARTINEZ E -Mail: VMARTINEZ@SCORESPORTS.COM Business Address: 726 E ANAHEIM STREET Title: DID SPECIALIST Phone: 800-626-7774 EXT 1133 City: WILMINGTON State: CA Signature: Y4Date city of Fayetteville, AR-- -� Bid 19-29, Soccer Uniforms Page 1of14 Zip: gc7a� 5/22019 City of Fayetteville Bid 19-29, Soccer Uniforms Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 19-29, Soccer Uniforms The City is seeking bids from qualified vendors for the purchase of uniforms for the Youth Soccer Program All sealed bids are due by Thursday, May 09, 2019 before 2:00 PM, Local Time. All bids are due before the time stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated purchase quantities. Bids will be opened and read aloud immediately following the stated deadline. Bid forms can be downloaded from the City's website at http://fayetteville-ar.gov/bids . All questions should be directed to Les McGaugh, (479)-575-8220,, -ga Int ` The City reserves the right to reject any and all bids and to waive formalities deemed to be in the City's best interest. 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, ana construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 lmcgaugh@fayetteville-argov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/16/2019 City of Fayetteville, AR EA 19-29, Soccer Uniforms Page 2 of 14 City of Fayetteville Bid 19-29,Soccer Uniforms Bid Form DATE REQUIRED AS A COMPLETE UNIT: 120 CALENDAR DAYS FROM DATE OF ORDER F.O.B. Fleet Operations Division, 1525 S. Happy Hollow Road, Fayetteville, AR 72701 Jerseys (Youth) Jerseys (Adult) 1700 $ 12.10 $ 20,570.00 1700 $ 12.10 $ 20,570.00 Shorts (Youth) 1700 $ included in package $ Shorts (Adult) Socks (Youth) Socks (Adult) *lea -e 5as a,:ac�CG'-nposai f:or f. 1700 $ included in package $ 1700 $ included in package $ 1700 $ included in package TOTAL BASE BID: $ 41 140.00 Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literoture on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 3 of 14 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and suppor_ as specified herein. 4. Pursuant Arkansas Code Annotated §2S-1-503, the Contractor agrees and certifies that they do not currently any public entity as defined in §2S-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. S. 1, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall 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 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. Y 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavatiors. As A bidder 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. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving in&viduai awards, using federal funds, and all sub -recipients certify Lhat the organization and it's principals are not debarred, suspended, proposed for debarment, declared ineligible, or voiuntariiy excluded by any Federal department or agency from doing business with the Federal Government. (:ity of Fayetteville, AR, Sid 19-�1.9, Soccer Uniforms Page 4of14 b. Your signature below 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. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: AMERICAN SOCCER CO_ INC. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name SCORE SPORTS *BUSINESS ADDRESS: 726 E ANAHEIM STREE *CITY: WILMINGTON *SLATE: CA *ZIP: *PHONE: 800-626-7771 EXT 1133 FAX: 310-830-1916 *E-MAIL: /MARTINEZ@SCORE SPORTS. COM *BY: (PRINTED NAME) VANESSA MARTINEZ *AUTHORIZED SIGNATURE: *TITLE: BID SPECIALIST DUNS NUMBER: 08-173-6746 *TAX ID NUMBER: 95-2984338 Acknowledge Addendums: CAGE NUMBER: Addendum No. 1 Dated: 4/29/2019 Acknowledged by: Addendum No. Addendum No. Addendum No City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 5 of 14 Dated: Acknowledged by: Dated: Acknowledged by: Dated: Acknowledged by: 90744 VANESSA MARTINEZ City of Fayetteville Bid 19-29, Soccer Uniforms General Terms and Conditions SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids 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 numbershall be on the outside ofthe packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call. the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. 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. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: 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 bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. 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 bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: 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. City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 6 of 14 4. RIGHTS OF CITY OF FAYETTEVILLE BID 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 select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. G. CONFLICT OF INTEREST: a. The bidder 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 "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, 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 notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder 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 bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITH DRAWL OF PROPOSAL: A bid maybe withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid 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. 9. LOCAL. STATE. AND FEDERAL COMPLIANCE REQUIREMENTS; a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 7 of 14 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. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder 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. The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid 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." 12. RIGHTTO 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. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successfu Licder(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. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville. AR Bid 19-29, Soccer Uniforms Page 8 of 14 15. ADA REQUIREMENT FOR PUBUC 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, 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders 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. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder 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 bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder'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 bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. 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. d. In the event sufficient budgeted funds are not available for anew 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. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITION5AND[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 bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 9 of 14 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 bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid 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, sws:: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding . the bidder/proposer/protestor or any member of the bid der's/proposer's/protestors 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. 22. ADDMONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. 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. 23. 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 tris contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR. Bid 19-29, Soccer Uniforms Page 10 of 14 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder 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 taxshall notbe 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 bidder 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. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 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 bidder'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. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imceaugh@fayetteville-ar.govl, 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. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (imcsaugh@fayetteville-ar.gov) or telephone (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. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 11 of 14 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders 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. I. The successful bidder 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 bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially 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 bidder 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. m The successful bidder'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 _--sh l ply- o fihe contract throe holt, and the wil( be deemed to be included in the contract as though written out in full herein. The successful bidder 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. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A ;:ity or Fayetteville, AR aid 19-29, Soccer Uniforms Page 12 of 14 City of Fayetteville Bid 19-29, Soccer Uniforms Technical Specification BIDDING REQUIREMENTS: Biaders shad meet all requirements below. if req{:iremeots are not met, bidders shall provide ciea.-�y explained exceptions an:d the Ci reserves the ri nt to re nest sam les. Introduction The City of Fayetteville is seeking bids from qualified and experienced uniform and clothing companies to provide for purchase uniforms for the Youth Soccer Program. Thiscontract will be for one (1) year with the option to renew for an additional four (4) one-year renewals. The bulk of the purchasing happens prior to the Fall Season. Approximately 1,700 uniforms will be ordered throughout the course of the year (spring and fall seasons). However, the City reserves the right to deviate from the estimated quantities. Specifications Uniforms will consist of: • Jerseys o Must be able to provide at least 14 different color options. o Size range —youth extra small to adult extra large o Fabric should consist of a light weight, breathable, moisture wicking material. o Numbers on back will be limited to two and shall be a minimum of 7" in height. o Pricing should include numbering on back and team name and sponsor logo on the front of the jersey prior to shipment. • Shorts o Size range — youth extra small to adult extra large • Socks o Must be able to provide at least 10 different color options. • Pricing should include both youth and adult soccer uniforms. • Bid should include a current year catalog that contains the samples provided along with the bid paperwork. Samples shall include each proposed uniform and include screen printed numbered shirt, shorts, and socks. General Conditions • Awarded bidder shall provide the City with a tracking number on the same day the order ships. • The City shall also be notified immediately if an order placed shall not be shipped in its entirety. • Turn -around time for initial orders should be no more than 15 days from day the order was placed. • Add-on orders should arrive no more than 6 business using ground shipping. • All uniforms will arrive separated and labeled by team for ease of distribution. • City of Fayetteville will be kept up to date on the status of their order through email confirmation of the order, shipping date and tracking numbers to monitor its delivery status. City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 13 of 14 Pricing Format • Price quoted should be per set (jersey, shorts, socks). • Price should include all screen printing specified. • Price should include all delivery charges, but broke out in detail City of Fayetteville, AR Bid 19-29, Soccer Uniforms Page 14 of =4 City of Fayetteville Multi Sports Multi Year Proposal THANK YOU! Dear City of Fayetteville, SCORE UNITED BN THE UNIMRW SCORE Sports® would like to thank you once again for the opportunity to serve your Sports Apparel and Equipment needs and being your Preferred Uniform Vendor. Enclosed you will find our bid, which offers a great selection of uniforms, equipment, and incentives created for City of Fayetteville. We have a great team at SCORE Sports' who provide excellent service and help make your experience pleasant. As you know you may contact either your. - Inside Sales Rep Kathie Arzate at 800-626-7774 ext 1149 email karzateC&scoresports.com orders. Thank you once again for this opportunity! Bid Specialist �I04 ext 1172 • s • 726 E. Anaheim St., Wilmington, CA 90744 91 1COBESWNIS0 iuSU1NESi98/S SGiNE SORTS 0 WHO WE ARE. Founded in 1975, SCORE Sports is a leading vertically integrated manufacturer of premium quality sports apparel and equipment. We provide excellent service and guaranteed speed -to -market for league administrators, team managers, and athletes of all ages. We are a family owned company, with over 800 employees working daily to ensure every customer interaction is smooth, seamless, and stress -free. Unlike other sports companies, SCORE Sports provides unmatched personal attention with a passion to improve the communities in which our customers live, work, and play. SCORE goes beyond only being a uniform and equipment provider to a dedicated partner in the sports community through countless partnerships with youth organizations, from single -focused to multi -sports, and semi -pro teams as well as professional teams. SCORE has the infrastructure to guarantee ease of ordering and a manufacturing and distribution system to fulfill all orders and customer requests regardless of quantity. We provide our customers with many added value service options and solutions. 3 SCORES Soccer UNITED BY SHE UNIFORM: Great Service Comes from Building Stronger Relationships Direct Contact to Sales Staff: The customers have direct access to their Score Specialist. They can provide assistance with order history, assist with new orders or add-ons and guide them with uniforms and equipment orders. Your Inside Sales Representative is Kathie Arzate- karzate@scoresports.com 800-626-7774 Ext 1149 Customer Concierge Support: Score offers concierge caliber service, which provides communication via any channel. Phone -email -website -social -in person or chat. Customer One -on -One Support: Score Specialist are available for one-on-one meetings off site, event/trade shows and can attend board meeting to answer any questions. Score Specialist ensure they are fully engaged with Customers to give them peace of mind. We will be a loyal and dedicated partner who will deliver our promise to provide unparalleled service to customers. We are a vertical manufacturer; we conceptualize designs, develop & knit the fabric, dye, cut, sew, and assemble our uniforms. • We have 100% control of our manufacturing and forecasting methodology which ensures inventory levels are able to meet deadlines regardless of how early or late orders are received. We assemble all of our uniforms in North America from premium, moisture -wicking fabrics made at SCORE headquarters in California. We enforce a customer -centric culture with the objective to create a team environment that focuses on building relationships with customers and providing an unparalleled customer experience. We are more than a uniform. SCORES Soccer City of Fayetteville Youth Soccer Uniforms SCORE Uniform Selections Style/ Item Descriptio Based on 1700-3400 Players Belize No. 221 (Available in 21-24 color combinations) CoolTec ® fabric keeps you cool & comfortable Raglan sleeves with piping for added contrast Rib knit cross- over hybrid crewneck collar Classic stripe design Price Includes: • 8" white/ black outlined back numbers • 3.5" white/black "Team Name" on left chest • Sydney Shorts #117A (available in 12 colors combinations) • Solid Sock #800 (available in 22 colors) • 8" white/black "Sponsor Logo" on center chest Free Upgrade (if desired): • London Shorts # 195A (Available in 12 color combinations) Additional Style Options' Same Awesome Price. Costa Rica No. 235 (available in 25 colors combinations ) SCORER UNITED BY THE UNIFORM: Size Price Youth $12.10 Adult $12.10 Germany No. 270 France No. 295 (available in 22 colors (available in 24 colors combinations ) combinations ) Iceland No. 248 Belgium No. 278 (available in 22 colors (available in 23 colors combinations ) combinations ) SCORE° Soccer UN:;Eri $Y THE UNLFORM Other styles available at 1000+ pricing level. Upgrade Shorts & Socks available for additional charge. Included with your Uniform Selection Free Gift Program FREE GIFTS are baser! on 2 gifts per team order: Teams are a minimum of 12 uniforms Main Order ONLY. Applies only to a complete soccer player uniform (jersey, shorts, and socks). Select 1 item from each category per team. Categorx 1 Matching Coaches Jersey or SCORE Choice Goalkeeper 345 "lI � tV q3x z Mesh Net Bag 963 or twelve (12) 2" Disc Cones 943 or Neck Lanyard 786 & High Impact Whistle 781 Special N tes: Ball Special — City of Fayetteville can order (1) Galaxy 1460 Galaxy Ball PER Uniform Package ordered per season for $6,45 each, additional Soccer balls can be ordered at 1000+ pricing. NEW styles available Soon? Other styles available at 1000+ pricing level. Upgrade Shorts & Socks available for additional charge. SCORE will extend to the City of Fayetteville the lowest catalog price on all equipment. This includes, but is not limited, to comer flags, soccer balls, shin guards, medical kits, etc. An Addition, SCORE will extend to the City of Fayetteville the lowest catalog price on all Referee jerseys, uniforms and equipment. Terms & Conditions UNITED BY THE UNIF02W Printing: 8" white/black back number FIRE 3.5" white/black "Team Name" logo In block lettering • Extended sizes available for $2.00 extra per additional "X" after "XL". Numbering Information: • Price includes 8" white/black standard numbers, sequential numbering from 2 to 20 on back of jerseys at no extra cost. • Numbers over 20, Numbers on front of jersey, Specific numbers, and Numbers on shorts are an additional $1.75 per number. • 2 -Color (white with black outline) 3.5" "Team Name" Logo in block lettering included on left chest of jersey. • 8" Sponsor names in white with black outline application included • Additional art fees and set-ups may apply depending on art requested. • Decorated products are nonrefundable. Packing & Delivery Information: • Standard Shipping by way of UPS Ground is included on Season 151 Main Order only. All add on orders will be shipped and charged standard UPS rates. Rates are determined by weight and speed of delivery. • Ready to Play8: Teams can be boxed individually for an additional charge of $2.50 per box. • Expected uniforms will be quoted delivery 7-10 business days after artwork is approved & Order is received. • Orders are shipped via UPS. You can choose Overnight, Second Day Air, 3 Day Select for an expedited price. Shipping rates will apply once method of shipping has been determined. UNMD BY THE UNIFORM: • Payment for order will be billed on terms to be determined. • All prices are FOB Wilmington, California. Shipping charges are based on weight, destination and priority. • All additional add-ons will be quoted at the same price for the entire season. • invoices that are past due will incur finance charges at a rate of 1.5% per month (18% per annum). • Pricing does not include applicable California Sales Tax for all sales within the State of California. The tax rate applied will be the combined state and local rate for the address where your order is shipped. Therefore, the sales tax rate applied to your order may be different if shipped to another address in a different locality. • In the event of a Force Majeure Event, the obligations of the parties and the time period for the performance of such obligations shall be adjusted to the extent such parties are prevented or hindered. The affected party shall give prompt, written notice of such Force Majeure Event to the other party. A Force Majeure Event shad mean any one or more of the following events that adversely affects the operation of either party under this Agreement: including fire, earthquake, storm, labor interruptions, any act or omission of the any government authority, civil unrest, or any other event beyond the Parties' reasona le cohf'ro . m.,.. —All 12isc'ounTed, tree, aru specia! billing tern`s are .vok,, if invoice `s noT cai'd cf, me,. i;85E;!:.:)'. `^ - current Cayrnent terms of t: -e account .NeT 1 Net 3 �; j S1. 0RE wili past due ac tasad on the ' �J ,:ar `l , �Z r }J L�%4I atal g. The special pricing detailed in this agreement are valid through December 31, 2019. Please contact your Inside Sales Representative, Kathie Arzate at (800) 626-7774 ext. 1149 or at karzate aascoresports.com with any questions. City of Fayetteville Les McGaugh 113 W. Mountain Fayetteville,AR 72701 Imc4au ht�(W-_FaYettevitle-ar.:lov Quote prepared by: Vanessa Martinez 726 E Anaheim St. Wilmington, CA 90744 (800) 626-7774 ext. 1133 vmartinezo scoresports.com 5/1/2019 SCORE Sports Division of: American Soccer Company, Inc. 726 E. Anaheim Street Wilmington, CA 90744 800.626.7774 L City of Fayetteville, AR CITY OF Contract for: Fleet Filters FAYETTEVILLE Vendor: American Soccer Co. dba Score Sports W WARKANSAS Term: One (1) year with four one-year automatic renewals This contract executed this day of e 2019, between the City of Fayetteville, Arkansas, hereby referred to as City and American Soccer Co. dba Sco a Sports hereby referred to as Score Sports In consideration of the mutual covenants contained herein, the parties agree as follows: Score Sports at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, insurance, tax permits, and all other items and services necessary to complete items bid per Bid 19-29, Soccer Uniforms as stated in Score Sports bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 19-29 all included herein as if spelled out word for word. The City of Fayetteville shall pay Score Sports for items purchased based on pricing provided by Score Sports bid submittal. b. Prices shall remain firm for one year from the date this contract is approved by the Fayetteville City Council. Price increases, if any, shall be provided and approved in writing prior to any contract renewal period. Requests for price increases from the vendor during the contract during shall not be effective unless approved in writing by the City . All requests for price increases proposed to take effect during any contract term shall be accompanied by documents justifying the increase at least thirty (30) days prior to the effective date of such increases. c. Payments will be made after approval and acceptance of invoices. Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. Payments may be expedited if Score Sports accepts Visa card payments at no additional cost to the City. The Contract documents which comprise the contract between the City of Fayetteville and Score Sports consist of this Contract and the following documents attached hereto and made a part hereof. If any conflicts arise between the Contract documents listed below, the conflict will be resolved according the prevailing order as they appear: a. This contract b. Appendix A: Bid package identified as Bid 19-29, Soccer Uniforms with the specifications and conditions typed thereon inclusive of all bidding documents and issued addenda. c. Appendix B: Score Sports bid proposal. d. Appendix C: Bid 19-29, Bid Tabulation City of Fayetteville, AR Bid 19-29, Soccer Uniforms Vendor: American Soccer Co. dba Score Sports Page 1 of 3 3. These Contract documents constitute the entire agreement between the City of Fayetteville and Score Sports and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Score Sports. 4. Neither party shall assign its duties under the terms of this agreement 5. Score Sports agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, to the extent arising from Score Sports negligent and willful misconduct in connection with the performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 6. Score Sports shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverage for the following insurance which shall be maintained throughout the term of the Contract. Coverage may be met through insurance policies or self-insurance coverage. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Score Sports shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Score Sports. a. Workers' Compensation: Statutory Amount 7. Score Sports shall furnish proof of licensure as required by all local and state agencies. 8. Freedom of Information Act: City of Fayetteville 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 9. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and, if required, the Fayetteville City Council in advance of the change in scope, cost or fees. 10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 11. Service Requirements: a. Score Sports shall provide all services as outlined in Bid 19-29. 12. Score Sports agrees to provide the City with a primary account representative to insure pricing accuracy, City of Fayetteville, AR Bid 19-29, Soccer Uniforms Vendor: American Soccer Co. dba Score Sports Page 2 of 3 deliveries, order requests, etc. The City reserves the right to require assignment of a different primary account representative in the event performance issues with delivery and/or service are identified and provided to Score Sports. 13. Score Sports 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 branded as products manufactured for Score Sports, and such obligations shall survive acceptance of the goods and payment thereof by the City. WITNESS OUR HANDS THIS �(��' DAY OF AMERICAN SOCCER CO. dba SCORE SPORTS BY: J.. A. -j" Signature UCtYlt ,y�{Cz� ne.Z - i3�a� ctC, Printed Name & Title oz'L ATTEST (Signature) Company Secretary (Printed Name) If applicable Business Address: 726 E Anaheim St Wilmington, CA 90744 /4, -. �§'wo •'�' 1 L'a"- G. d+++ -!L L ATTEST: Sondra E. Smith, City C1;���G` ERK T��i,� � �.���J.•� C1Ty �'•F9 ILI F � .y: YES. fVi(C f: Business Address: ''.V�,0N111 �; �N� 113 W. Mountain Fayetteville, AR 72701 A notary public or otter officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracs, e, validity of that document. State of Californ,a County of Subscribed and sAcirn to for Wr r . of �s^t 20 ti, %'i'.- me cn this ' r �^ day \4 r, Z, f 5 Ma n,1r: ^--- of satisfactory eviden be tht, L'erlo . Signature o CL"c"-r City of Fayetteville, AR Bid 19-29, Soccer Uniforms Vendor: American Soccer Co. dba Score Sports Page 3 of 3 proved to me on the basis Who appeared before me. (Seal);