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Resolution 2020-07
Resolution No. 2020-07 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,ACCEPTING BSN SPORTS,LLC'S BID TO PROVIDE 2020 YOUTH BASEBALL & SOFTBALL LEAGUE UNIFORMS AND EQUIPMENT WHEREAS, the United Cityof Yorkville Kendall Count Illinois the "City") i y, ( ry ) s a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS,the City has previously advertised for bids for sports uniforms and equipment which were accepted until 11:00 a.m. on January 13, 2020 and received five (5) bids; and, WHEREAS, based upon a review of the bids received and determination as to the qualifications of the bidders, the Mayor and City Council of the City have determined that BSN Sports, LLC, a Delaware limited liability company, is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the bid submitted by BSN Sports, LLC is hereby accepted and the Mayor and City Clerk are hereby authorized and directed to execute the contract between the City and BSN Sports, LLC as attached hereto and made a part hereof as Exhibit A, it being understood that the total amount to be expended by the City will be dependent on the number of registrants for the 2020 Youth Baseball& Softball Leagues. Section 2. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 28th day of January, A.D. 2020. I CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE Resolution No.2020-07 Page 1 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 3 4 day of Cf-E , A.D. 2020. MAYOR Attest: CITY CLERK Resolution No.2020-07 Page 2 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,ILLINOIS 60560 CONTRACT ao THIS CONTRACT made this 3r day of moweH , 20i9, by and between the United City of Yorkville, an Illinois municipal corporation hereinafter called the "Owner" and 85tj S*0 l_L C., located at hereinafter called the "Responder". WITNESSETH: WHEREAS, the Owner has heretofore solicited Proposals for all labor and materials necessary to complete the work specified in the Request for Proposal for the purchase of athletic uniforms and equipment for the 2020 baseball and softball season; WHEREAS, the Owner has found that the Responder is the lowest responsible responder for said work and has awarded the Responder this contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises and agreements,the parties hereto do hereby agree as follows: 1. The Responder agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to commence and complete the athletic uniforms and equipment for the 2020 baseball and softball season proposal in accordance with the conditions and prices stated in the Request For Proposal, Instructions to Responders—General Conditions, Special Conditions, Insurance Requirements, Specifications and Plans, Proposal, and Detail Exception Sheet all of which are made a part hereof and herein called the "Contract Documents". 2. The Owner will pay the Responder in the amounts, manner and at times as set forth in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Contract as of the day and year first above written: OWNER: UNITE YORKVILLE By: Mayor Attest: RES ONDE : City Clerk By: ignature KENDALL ISAAC Attest: Bid Specialist om Print Name and Tit snsports.Com BSN SPORTS, LLC PO BOX 7726 DALLAS, TX 75209-0726 27 I P a g e PLEASE INDIOCIATE- THPS 0-0 NUN 3 E R ON ALL 0 E"RS. I � �r �kk { �g 4� REQUEST FOR PROPOSAL FOR THE PURCHASE OF ATHLETIC UNIFORMS AND EQUIPMENT FOR THE 2020 BASEBALL AND SOFTBALL SEASON Deadline: January 13, 2020 at 11:30 am KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.com PO BOX 7726 DALLAS, TX 75209-0726 UNITED CITY OF YORKVILLE, ILLINOIS LEGAL NOTICE REQUEST FOR PROPOSAL The United City of Yorkville, Illinois will accept sealed proposals for the purchase of athletic uniforms and equipment for the 2020 baseball and softball season. Sealed proposals will be received at the address listed below until January 13, 2020 at 11:30 am local time. Proposals will be publicly opened and read aloud at this time at the location below. All proposals should be addressed to: United City of Yorkville Re: (Responder name) Request For Proposal—Athletic Uniform and Equipment Purchase Attention: Carri Parker, Purchasing Manager 800 Game Farm Road Yorkville, IL 60560 Proposal packets are available online at http://www.yorkville.il.us. The link can be found under the Business Tab-Proposals & RFPs. Additional packets may be picked up at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. Any questions or interpretation request regarding this Legal Notice or actual proposal specifications shall be directed to Carri Parker, Purchasing Manager in writing at cparker@yorkville.il.us, not less than ten (10) business days prior to the scheduled proposal opening date. The responder shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and City which may in any manner affect the preparation of proposals or the performance of the contract. Carri Parker Purchasing Manager KENDALL ISAAC Bid Specialist kisaac@bsnsports.com BSN SPORTS, LLC PO BOX 7726 DALLAS, TX 75209-0726 I 2 1 P a g e UNITED CITY OF YORKVILLE, ILLINOIS INSTRUCTIONS TO RESPONDERS -GENERAL CONDITIONS These Instructions to Responders and General Conditions apply to all proposals requested and accepted by the City and become a part of the contract unless otherwise specified. Responders are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals. The City assumes that submission of a proposal means that the Responder has familiarized himself with all conditions and intends to comply with them unless noted otherwise. 1. Forms —All proposals must be submitted on the forms provided, complete with all blank spaces filled in and properly signed in ink in the proper spaces and submitted in a sealed envelope. All proposal forms may be obtained from the United City of Yorkville located at 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. When completed, deliver the packet to the United City of Yorkville, Attn. Carri Parker, Purchasing Manager, 800 Game Farm Road, Yorkville, IL 60560, prior to the proposal opening date and time. Proposals must be identified as such on the outside of the sealed envelope by marking the envelope "SEALED PROPOSAL" and with the following information: Company's name, address, item proposal, date and time of opening. Responders may attach separate sheets for the purpose of explanation, exception, or alternative proposal and to cover required unit prices. 2. Submittal of Proposal—Proposals must be submitted to the attention of the Carri Parker, Purchasing Manager at the above address no later than 11:30 ,1M. local time. Proposals arriving after the specified time will not be accepted. Mailed proposals which are delivered after the specified hour will not be accepted regardless of postmarked time on the envelope. Responders should carefully consider all proposal delivery options and select a method that will successfully deliver their proposal by the required time and date. 3. Examination of Proposal Forms, Specifications, and Site — The responder shall carefully examine the proposal forms which may include the request for proposal, instruction to Responders, general conditions, special conditions, plans, specifications, proposal form, bond, contract, and any addenda to them before submitting the proposal. The responder shall verify all measurements relative to the work, shall be responsible for the correctness of same. Failure of the responder to notify the City, in writing, of any condition(s) or measurement(s) making it impossible to carry out the work as shown and specified, will be construed as meaning no such conditions exist and no additional money will be added to the contract. The submission of the proposal shall be considered conclusive evidence that the responder has investigated and is satisfied as to all conditions to be encountered in performing the work, and is fully informed as to character, quality, quantities, and costs of work to be performed and materials to be furnished, and as to the requirements of the proposal forms. If the proposal is accepted, the responder will be responsible for all errors in his proposal resulting from his failure or neglect to comply with these instructions, and the City shall not be responsible for any charge for extra work or change in anticipated profits resulting fr sfh�re,o��teglect. BSN SPORTS, LLC B'i`dVSN eciali ^^C PO BOX 7726 P s kisaacCbsnsports,co( DALLAS, TX 75209-0726 - 31Page 4. Scope of Work — The responder shall supply all required supervision, skilled labor, transpiration, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The responder shall supply, maintain and remove all equipment for the performance of the work and be responsible for the safe, proper and lawful construction, maintenance and use of the same. This work shall be completed to the satisfaction of the City. The City is not responsible for site safety. The responder is solely and exclusively responsible for construction means, methods, and technologies. 5. Interpretation of Proposal Documents — Questions regarding proposal documents, discrepancies, omissions, or intent of the specifications or plans shall be submitted in writing to the Purchasing Manager at cparker@yorkville.il.us, at least ten (10) working days prior to the opening of proposals to provide time for issuing and forwarding an addendum. Any interpretations of the Contract Documents will be made only by addendum duly issued or delivered by the City to each person receiving a set of proposal documents. The City will not be responsible for any other explanations for interpretations of the Contract Documents. Letters, requested interpretations, clarifications, and/or explanations shall be so noted on the outside of the envelope and on the first page of the letter with the words, INTERPRETATION REQUEST. Letters not properly marked will not be considered as a formal request. Any letter received within ten working days of the proposal date will be returned unopened. 6. Proposal Guarantee — Unless specifically waived, each proposal shall be accompanied by a proposal security in an amount of ten percent (10%) or such other percentage as stated in the supplementary conditions of the full amount of the proposal in the form of a certified or bank cashier's check or proposal bond. In a reasonable time after the proposal opening, proposal deposits of all except the three lowest responsible proposals will be released. The remaining deposits will be released after the successful responder has entered into the contract and furnished the required insurance and bonds. The proposal deposit shall become the property of the City if the successful responder within fourteen (14) days from awarding the contract refuses or is unable to comply with the contract requirements, not as a penalty, but as liquidated damages. (WAIVED) 7. Receiving Proposals — Proposals received prior to the time of opening will be securely kept, unopened. The Purchasing manager, whose duty it is to open them will decide when the specified time has arrived, and no proposal received thereafter will be considered. No responsibility will be attached to the Purchasing Manager or the City for the premature or nonopening of a proposal not properly addressed and identified, except as otherwise provided by law. 8. Late and Fax Proposals — Proposals arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. It is the responder's responsibility for timely delivery regardless of the methods used. Mailed proposals which are delivered after the specified hour will not be accepted regardless of postmarked time on the envelope. Facsimile machine transmitted proposals will not be accepted, nor will the City transmit proposal documents to prospective Responders by way of a facsimile machine. 9. Completeness—All information required by the Request For Proposal must be supplied to constitute a responsive proposal. The Responder's submittal shall include the completed KENI�ALL ISA,AC': II BSN SPORTS, LLC 4 1 P a g e Bid Speciahs, PO BOX 7726 kisaac@bsnspor s.w- DALLAS, TX 75209-0726 Proposal found in the contract documents. The City will strictly hold the responder to the terms of the proposal. The proposal must be executed by a person having the legal right and authority to bind the responder. 10. Error in Proposals — When an error is made in extending total prices, the unit proposal price and/or written words shall govern. Otherwise, the responder is not relieved from errors in proposal preparation. Erasures in proposals must be explained over signature of responder. 11. Withdrawal of Proposals—A written request for the withdrawal of a proposal or any part thereof may be granted if the request is received by the Purchasing Manager prior to the specified time of opening. After the opening, the responder cannot withdraw or cancel his proposal for a period of forty-five (45) calendar days, or such longer time as stated in the proposal documents. 12. Responder Interested in More than One Proposal—Unless otherwise specified if more than one proposal is offered by any one party, by or in the name of his or their agent, partner, or other persons, all such proposals may be rejected. A party who has quoted prices on work, materials, or supplies to other responders is not thereby disqualified from quoting prices to other responders or from submitting a proposal directly for the work, materials, or supplies. 13. Responder's Qualifications — No award will be made to any responder who cannot satisfy to the City that they have sufficient ability and experience in this class of work, as well as sufficient capital and equipment to do the job and complete the work successfully within the time named (i.e., responsible). The City's decision or judgment on these matters shall be final and binding. The City may make such investigations as it deems necessary. The responder shall furnish to the City all information and data the City may request for the purpose of investigation. 14. Proposal Award for All or Part — Unless otherwise specified, proposals shall be submitted for all of the work or items for which proposals are requested. The City reserves the right to make award on all items, or any of the items, according to the best interests of the City. 15. Samples—Samples or drawings requested shall be delivered and removed at no cost to the City. The City shall not be responsible for damage to samples. Samples shall be removed by the responder within thirty (30) days after notification. Samples must be submitted prior to the time set for the opening of proposals. 16. Equipment or Materials — Each responder shall submit catalogs, descriptive literature, and detailed drawings necessary to fully describe those features or the material or work not covered in the specifications. The parts and materials proposals must be of current date (latest model) and meet specifications. This provision excludes surplus, remanufactured, and used products except as an alternate proposal. The brand name and/or manufacturer of each item proposed must be clearly stated in the proposal. Guarantee and/or warranty information must be included with this proposal. 18. Delivery — Where applicable all materials shipped to the City must be shipped F.O.B. delivered, designated location, Yorkville, Illinois. If delivery is made by truck, arrang bAtrigWe in advance by the res ponder, with concurrence by the City, BSN SPORTS LLC Bid Speciaiis' PO BOX 7726 s 1 P a g e kisaacC�bsrzsp rt DALLAS, TX 75209-0726 for receipt of the materials. The materials must be delivered as directed per the details listed within the proposal specifications. Truck deliveries will be accepted at the Parks and Recreation Facility between 8:30 AM and 4:30 PM, weekdays only. 19. Estimated Proposal Quantities — On "Estimated Quantities," the City may purchase more or less than the estimates. The Responder shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item unless otherwise agreed upon. 20. Trade Names —Alternative Proposal — When an item is identified in the specifications by a manufacturer's or trade name or catalog number, the responder shall proposal upon the item so identified. If the specifications state "or equal"proposals on other items will be considered, provided the responder clearly identifies in his proposal the item to be furnished, together with any descriptive matter which will indicate the character of the item. Responders desiring to proposal on items which deviate from these specifications, but which they believe are equivalent, are requested to submit alternate proposals. However, ALTERNATE PROPOSALS MUST BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY NOTED. The proposal must be accompanied by complete specifications for the items offered. responders wishing to submit a secondary proposal must submit it as an alternate proposal. The City shall be the sole and final judge unequivocally as to whether any substitute from the specifications is of equivalent or better quality. 21. Price—Unit prices shall be shown for each unit on which there is a proposal as well as the aggregate price and shall include all packing, crating freight and shipping charges, and cost of unloading at the destination unless otherwise stated in the proposal. Unit prices shall not include any local, state, or federal taxes. The City is exempt, by law, from paying State and City Retailer's Occupation Tax, State Service Occupation and Use Tax and Federal Excise Tax. The City will supply the successful responder with its tax exemption number. Cash discounts will not be considered in determining overall price but may be used in an overall evaluation. 22. Consideration of Proposal —No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully any previous contract with the City. The responder, if requested, shall present within 48 hours evidence satisfactory to the City of performance ability and possession of necessary facilities, pecuniary recourses, and adequate insurance to comply with the terms of these specifications and contract documents. 23. Award or Refection — The City reserves the right to reject and/or award any and all proposals or parts thereof and to waive nriqa§to tekcalities according to the best KENDALL ISAAC PO BOX 7726 61 P a g e Bid Spec.iahs� DALLAS, TX 75209-0726 kisaac@bsnu:),arty,c.� {, interests of the City. Any proposal submitted will be binding for forty-five (45) days subsequent to the date of the proposal opening. A contract will be awarded to the lowest responsible proposal complying with the conditions of the contract documents only when it is in the best interest of the City to accept the proposal. The City shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all proposals or parts thereof. 24. Execution of Contract — The successful responder shall, within fourteen (14) days after notification of the award: (a) enter into a contract in writing with the City covering all matters and things as are set forth in the specifications and his proposal and (b) carry insurance acceptable to the City, covering public liability, property damage, and workmen's compensation. After the acceptance and award of the proposal and upon receipt of a written purchase order executed by the proper officials of the City, this Instruction to Responders, including the specifications, will constitute part of the legal contract between the United City of Yorkville and the successful responder. 26. Compliance with All Laws—All work under the contract must be executed in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations which may in any manner affect the preparation of the proposal or performance of the contract. 30. Contract Alterations—No amendment of a contract shall be valid unless made in writing and signed by the City Administrator or his/her authorized agent. 31. Notices—All notices required by the contract shall be given in writing. 32. Nonassi2nability — The Responder shall not assign the contract, or any part thereof, to any other person, firm, or corporation without the previous written consent of the City Manager. Such assignment shall not relieve the Responder from his obligations or change the terms of the contract. 33. Indemnity — To the fullest extent permitted by law, the Responder hereby agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost, and expenses, which may in anywise accrue against the City, its officials, agents, and employees, arising in whole or in part or in consequence of the performance of this work by the Responder, its employees, or subcontractors, or which may anywise result therefore, except that arising out of the sole legal cause of the City, its agents, or employees, the Responder shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents, and employees, in any such action, the Responder shall, at its own expense, satisfy and discharge the same. Responder expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Responder, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City, its officials, agents, and employees as herein provided. KENDALL ISAAC BSN SPORTS, LLC Bid Specialist _PO BOX 7726 - - - kisaac@bsnsports.com DALLAS, TX 75209-0726 7 1 P a g e 34. Insurance — In submission of a proposal, the responder is certifying that he has all insurance coverages required by law or would normally be expected for responder's type of business. In addition, the responder is certifying that he has or will obtain at least the insurance coverages on the attached Insurance requirements. 35. Default—The City may terminate a contract by written notice of default to the Responder if.. 1. The Responder fails to make delivery of the materials or perform the services within the time specified in the proposal, or 2. fails to make progress so as to endanger performance of the contract, or 3. fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as required. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the Responder shall be liable to the City for any excess costs for similar supplies and services, unless the Responder provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Responder. 36. Inspection — The City shall have a right to inspect, by its authorized representative, any material, components, or workmanship as herein specified. Materials, components, or workmanship that has been rejected by the authorized representative as not in accordance with the terms of the specifications shall be replaced by the Responder at no cost to the City. 37. Supplementary Conditions — Wherever special conditions are written into the specifications or supplementary conditions which are in conflict with conditions stated in these Instructions to Responder, the conditions stated in the specifications or supplementary conditions shall take precedence. 38. Permits and Licenses —The successful responder and their subcontractor(s) shall obtain, at their own expense, all permits and licenses which may be required to complete the contract. Fees for all City permits and licenses shall be waived. 40. Change Orders —After the contract award, changes in or additions to the work and/or a change in the amount of money to be paid to the responder must be the result of an approved change order first ordered by the Director of the lead department and approved by the City Administrator and/or City Council. 41. Time of Completion —The successful responder shall completely perform its proposal in strict accordance with its terms and conditions within the number of consecutive calendar days after notification of award of the contract as stated in the proposal. 42. Payment — Payment will be made within thirty (30) days after acceptance of the job by the City after the completion of the work as covered within the contract documents. 43. Guarantees and Warranties —All guarantees and warranties required shall be furnished by the successful responder and shall be delivered to the City before final payment on the contract is issued. KENDALL ISAAC BSN SPORTS, LLC Bid_Specialist PO BOX 7726 kisaacObsnsports.com DALLAS, TX 75209=0726 8 1 P a g e 44. Waiver of Lien — where applicable a waiver of lien and responder's affidavit must be submitted by the successful responder, verifying that all subcontractors and material invoices have been paid prior to the City approving final payment. KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.com PO BOX 7726 DALLAS, TX 75209-0726 9 1 P a g e UNITED CITY OF YORKVILLE,ILLINOIS SPECIAL CONDITIONS 1. Responder Qualifications - If requested, the interested Responder must provide a detailed statement regarding the business and technical organization of the Responder that is available for the work that is contemplated. Information pertaining to financial resources, experiences of personnel, previously completed projects, plant facilities, and other data may also be required to satisfy the City that the Responder is equipped and prepared to fulfill the Contract should the Contract be awarded to him. The competency and responsibility of j responders and of their proposed subcontractors will be considered in making awards. If requested by the City, the Responder shall include a complete list of all equipment and manpower available to perform the work intended on the Plans and Specifications. The list of equipment and manpower must prove to the City that the Responder is well qualified and able to perform the work, and it shall be taken into consideration in awarding the Contract. The list shall be included with the sealed proposal package. I The City may make such investigations as it deems necessary, and the Responder shall furnish to the City under oath, if so required, all such information and data for this purpose as the City may request. A responsible Responder is one who meets all of the following requirements: • Have adequate financial resources or the ability to secure such resources. • Have the necessary experience, organization, and technical qualifications, and has or can acquire, the necessary equipment to perform the proposed Contract. • Is able to comply with the required performance schedule or completion date, taking into account all existing commitments. • Has a satisfactory record of performance, integrity,judgment, and skills. • Is qualified and eligible to receive an award under all applicable laws and regulations. 2. Basis of Payment-The Responder shall submit with each payment request the Responder's Partial Waiver of Lien for the full amount of the requested payment. Beginning with the second payment request, and with each succeeding payment request, the Responder shall submit partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. The Responder's request for final payment shall include the Responder's Final Waiver of Lien which shall be for the full amount of his Contract, including any change orders thereto, and Final Waivers of Lien from all subcontractors and suppliers for which Final Waivers of Lien have not previously been submitted. 3. General Guarantee - Neither the final certificate of payment nor any provision in the Responder Documents, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Responder of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Responder shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance of the work unless a longer period is specified. The United City of Yorkville will give notice of observed defects with reasonable promptness. The Responder shall guarantee all materials KENDALL ISAAC BSN SPORTS, LLC Bid Specialist PO BOX 7726_ kisaac@bsnsports.corr> DALLAS, TX 75209-0726 to P a g e and workmanship as defined by the Performance Bond, and Maintenance Bond requirements. Unless otherwise amended in writing by the Purchasing Manager, the date of the Start of any Guarantees, Warranties and Maintenance Bonds shall be coincident with the Date of Acceptance of the entire project. 4. Termination of Contract- The United City of Yorkville reserves the right to terminate the whole or any part of this Contract, upon written notice to the Responder, in the event that sufficient funds to complete the Contract are not appropriated by the Board of Trustees of the United City of Yorkville. The United City of Yorkville further reserves the right to terminate the whole or any part of this Contract, upon written notice to the Responder, in the event of default by the Responder. Default is defined as failure of the Responder to perform any of the provisions of this Contract, or failure to make sufficient progress so as to endanger performance of this Contract in accordance with its terms. In the event of default and termination, the United City of Yorkville may procure, upon such terms and in such manner as the United City of Yorkville may deem appropriate, supplies or services similar to those so terminated. The Responder shall be liable for any excess costs for such similar supplies or service unless acceptable evidence is submitted to the United City of Yorkville that failure to perform the Contract was due to causes beyond the control and without the fault or negligence of the Responder. KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.com PO BOX 7726 DALLAS, TX 75209-0726 i 11IPage INSURANCE REQUIREMENTS The Responder shall provide satisfactory proof of commercial general liability,property damage, bodily injury, automobile liability, and workers compensation insurance, naming the United City of Yorkville,together with its officers, agents, employees and engineers as additional primary, non-contributory named insureds prior to commencing work. All policies shall be written on a "per occurrence" basis. The Responder shall procure and maintain insurance for protection from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, alleged to arise from the Responder's or its officers', agent's, employees' negligence in the performance of services under this Agreement. Responders certificate of insurance shall contain a provision that the coverage afforded under the policy(s)will not be canceled or reduced without thirty (30)days prior written notice (hand delivered or registered mail)to the Village. Responder shall promptly forward new certificate(s) of insurance evidencing the coverage(s)required herein upon annual renewal of the subject policies. Failure of the Responder to supply a valid certificate of insurance, or if a previously valid certificate of insurance has expired and is not replaced, is grounds for issuance of a stop work order until such time as a valid certificate of insurance is provided. Failure of the Village to collect or demand a certificate of insurance shall not be deemed a waiver of the requirement to provide one. The limits of liability for the insurance required by this Subsection shall not be less than the following: Workmen's Compensation Insurance: All Liability imposed by Workmen's Compensation statute Employer's Liability Insurance $1,000,000 Contractual Liability Insurance $1,000,000 Completed Operations Insurance $ 500,000 Owned, Hired, and Non-Ownership Vehicle, Bodily Injury and Property Damage to the following Limits: Commercial General Liability $2,000,000 (each occurrence) Bodily Injury $2,000,000 (each person) $2,000,000 (each accident) Property Damage $2,000,000 (each accident) Automobile Liability $1,000,000 combined single limit (each accident) Umbrella Liability $3,000,000 (each occurrence) $3,000,000 (aggregate) KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.corn PO BOX 7726 DALLAS, TX 75209-0726 12 P a g e SPECIFICATIONS AND PLANS I. General: The specifications, described herein, are for athletic clothing(shirts,pants, caps, belts, and socks)and equipment for the participants of the United City of Yorkville Parks and Recreation Baseball and Softball leagues. The intent is to obtain equipment/clothing that best meets the needs and interests of the department with respect to appearance, quality, price, and availability. A. It is not the intention of these specifications to bar from consideration any manufacturer or distributor of the clothing listed. B. If an exemption is taken on these specifications,that exception must be cited and submitted, in writing, with the proposal. C. It is the intent to award this proposal by the best value for the United City of Yorkville based on the values listed by compliance to these specifications. D. The successful Responder shall make available multiple sets of all garments in this proposal and at least 2 representatives to assist in establishing sizes for all participants at the set sizing days listed in the schedule (page 18). E. The Responder shall make available a qualified representative to visit the City, a minimum of 2 days a week, or as needed, for pick-up and delivery of merchandise, resolve sizing issues, etc. F. The successful responder will maintain an adequate stock to allow for a 10- day delivery of at least 95%of all orders. G. The City reserves the right to inspect the successful responder's facility prior to awarding the contract. H. In order to achieve standardization, it is the intent of the City to purchase the specified brands listed, if available, in these specifications. I. Detailed charges for oversize garments, if any, shall be submitted with the proposal. These details need to include the size range the responder considers oversize and charges for those items. J. Delivery of the order must be as follows: a. Uniforms i. Team Box(each box will contain (##)player packages and (3) coaches' packages. If player package contains belt looped pants, belt must be included. 1. Player Package KENDALL ISAAC a. (1)hat Bid S ecialist b. (1) shirt c. ant kisaac@bsnsports.com d. (1)socks 2. Coach Package a. (1) hat BSN SPORTS LLC PO BOX 7726 DALLAS, TX 75209-0726 13 1 P age b. (1) shirt b. Equipment i. No packaging specifications needed II. Specifications for Clothing: Male and female participants will wear the clothing listed in this section. Companies submitting proposals shall list the available sizes for each line item from the smallest to the largest. Male and female sizes and cuts required. A. Baseball Uniform Shirts: a. Artwork- Samples of the artwork, for silk screening will be made available in different format(Exhibit A). i. The Yorkville Foxes logo will be silk screened white or black across the chest of each shirt. ii. The Yorkville Parks and Recreation logo will be silk screened white or black applied to the left shoulder of each shirt. iii. The listing of 20-30 sponsors, will be silk screened, in white or black applied to the upper back of each shirt. iv. Will have numbers silk screened in white or black, centered, on the back, of each shirt. I. Font: Cushing. 11. Size: 10.5"wide by 8.5"tall. b. Material i. Polyester-based T-Shirt ii. Shoulder to shoulder tape for durability iii. Small shirts have a 28" length up to a 3XL with a 32" length iv. Tag less with a lay flat collar v. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey B. Baseball Pants (drawstring): a. 90%polyester/10% spandex knit b. Stretch fabric with a brushed inside is great for mobility and comfort c. Moisture wicking technology d. Elastic waistband with interior drawstring e. Heat sealed label f. Double-needle hemmed bottom g. Sizes 22/24 have 30" Inseam; Sizes 26-30 have 32" Inseam, must have sizes up to 36. h. Color: Grey C. Baseball Pants (belt loop): a. 90%polyester/10% spandex knit b. Moisture wicking technology c. Heat sealed label. d. Back, Single welt pockets. e. 7 belt loops f. Interior elastic waistband with two exterior snaps at center front "ENDALL ISAAC g. Front fly with brass YKK zipper Bid Specialist h. Reinforced Knee. BSN SPORTS, LLC mcCbsworts-com PO BOX 7726 14 P a g e DALLAS, TX 75209-0726 i. Sizes 22/24 have 30" Inseam; Sizes 26-30 have 32" Inseam, must have sizes up to 36. j. Color: Grey. D. Baseball Belts a. Adult 1.5" elastic belt with matching leather tabs b. Nickel plated buckle and slider c. Adjusts to fit waist sizes 24" -46" d. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey E. Baseball Flex fit Caps: a. 62%cotton, 36%polyester, 2% spandex material b. Sturdy comfort stretch sweatband c. Sizing: XS (6 5/8-7), Sm/Med(7-71/4), Med/Lg (71/4-7 5/8). d. Bill: Flat e. Crown: Structured f. Baseball caps will have a"Y", embroidered in white F. Baseball Regular Caps: a. 62%cotton, 36%polyester, 2%spandex material b. Sturdy comfort stretch sweatband c. Sizing: XS (6 5/8-7), Sm/Med(7-7'/4), Med/Lg (71/4-7 5/8). d. Bill: Flat e. Crown: Structured f. Baseball caps will have a"Y", embroidered in white G. Baseball Socks a. Knee high length b. Sizing: Youth (12-4), Intermediate (4.5-8.5),Adult(9-12). c. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey H. Softball Uniform Shirts: a. Artwork- Samples of the artwork, for silk screening will be made available in different format(Exhibit A). i. The Yorkville Foxes logo will be silk screened white or black across the chest of each shirt. ii. The Yorkville Parks and Recreation logo will be silk screened white or black applied to the left shoulder of each shirt. iii. The listing of 20-30 sponsors,will be silk screened, in white or black applied to the upper back of each shirt. iv. Will have numbers silk screened in white or black, centered, on the back, of each shirt. I. Font: Cushing. II. Size: 10.5"wide by 8.5"tall. b. Material KENDALL ISAAC i. Polyester-based T-Shirt Bid Specialist ii. Shoulder to shoulder tape for durability kisaac@bsnsports.com iii. Small shirts have a 28" length up to a 3XL with a 32" length iv. Tag less with a lay flat collar SN SPORTS, LLC PO BOX 7726 15 P a g e DALLAS, TX 75209-0726 v. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey I. Softball Knickers (drawstring): a. 90%polyester/10% spandex knit b. Stretch fabric with a brushed inside is great for mobility and comfort c. Moisture wicking technology d. Elastic waistband with interior drawstring e. Heat sealed label f. Double-needle hemmed bottom g. Sizes 22/24 have 30" Inseam; Sizes 26-30 have 32" Inseam (elastic must be below the knee) h. Color: Grey J. Softball Knickers (belt loop): a. 90%polyester/10%spandex knit b. Moisture wicking technology c. Heat sealed label. d. Back pockets. e. 7 belt loops f. Interior elastic waistband with two exterior snaps at center front g. Front fly with brass YKK zipper h. Reinforced Knee. i. Non-elastic boot cut bottom j. Sizes 22/24 have 30" Inseam; Sizes 26-30 have 32" Inseam (elastic must be below the knee) k. Color: Grey. K. Softball Fastpitch Knickers (Youth): a. 90%polyester/10% spandex knit b. Moisture wicking technology c. Heat sealed label. d. Back pockets. e. 7 belt loops f. Interior elastic waistband with two exterior snaps at center front g. Front fly with brass YKK zipper h. Reinforced Knee. i. Non-elastic boot cut bottom j. Example: Sizes 20 have 16" Inseam; Sizes 26 have 19" Inseam (elastic must be below the knee) k. Color: Grey. L. Softball Belts a. Adult 1.5" elastic belt with matching leather tabs b. Nickel plated buckle and slider c. Adjusts to fit waist sizes 24" -46" d. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey M. Softball Visors BSN SPORTS, LLC KENDALL ISAAC, PO BOX 7726 16 P a g e Bid Specialist DALLAS, TX 75209-0726 kisaac@bsnsports-corm= a. Softball visors will have a"Y", embroidered in white b. Headgear sweatband c. Sizes: Specific women's fit. One Size Adjustable with Velcro Closure. One size fits most d. Bill: Curved e. Crown: Structured f. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey N. Softball Socks a. Knee-high length b. Sizing: Youth (12-4), Intermediate (6-10),Adult(10.5-13.5). c. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey O. Coaches Uniform a. Shirts i. Polyester-based t-shirts ii. The Yorkville Foxes logo will be silk screened white or black across the chest of each shirt. iii. The Yorkville Parks and Recreation logo will be silk screened white or black applied to the left shoulder of each shirt. iv. The listing of 20-30 sponsors, will be silk screened, in white or black applied to the upper back of each shirt. v. Small shirts have a 28" length up to a 3XL with a 32" length vi. Colors: Yellow,Navy, Black, Orange, Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey b. Hats i. Fitted hats with flex sizes ii. Flex fit sizing: XS (6 5/8-7), Sm/Med (7-71/4), Med/Lg(71/4-7 5/8). iii. Colors: Yellow,Navy, Black, Orange,Red, White, Columbia Blue, Purple, Safety Yellow, Safety Orange, Kelly Green, Grey P. Equipment a. Baseballs (white) i. Safe-T Baseballs ii. Baseballs(Standard) b. Softballs (yellow) i. 11-inch Standard ii. 12-inch Standard c. Catchers Set(Black) i. Youth T-Ball Sized Catchers Equipment Set ii. Youth Sized Catchers Equipment Set iii. Adult Sized Catchers Equipment Set d. Batting Helmets (Black) i. Youth Batting Helmets ii. Adult Batting Helmets III. Shipping If shipping kfM69 c *AA1&s shall be shipped, destination F.O.B.,to: Bid Specialist BSN SPORTS, LLC 17 P a g e kisaac@bsnsports.corr PO BOX 7726 DALLAS, TX 75209-0726 United City of Yorkville Parks and Recreation Department 201 West Hydraulic Street Yorkville, Illinois 60560 IV. References Responders shall submit, with the proposal, a list of three references of paid customers currently using the responder's services. Each reference should include: • Name & address for the department • Contact person and telephone number • Length of time the referenced department has been in the clothing V. Schedule Selection Process Steps Estimated Date(s) Park Board Approval to Release November 14, 2019 City Council Approval to Release November 26, 2019 Release of Request For Proposal (RFP) December 5, 2019 Final Date to Submit Questions December 18,2019 Proposals Due January 13, 2020 at 11:30 am City Council Approval to Purchase January 28, 2020 Sizing Meeting(s) February 24, 2020 Order Placed Date March 6, 2020 Order Received Date Aril 9, 2020 KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.com PO BOX 7726 DALLAS, TX 75209-0726 18 Page PROPOSAL COST SHEET Note: The Responder must complete all portions of this Proposal Sheet The undersigned, having examined the specifications, and all conditions affecting the specified project, offer to furnish all services, labor, and incidentals specified for the price below. I (We) propose to complete the following project as more fully described in the specifications for the following: BSN SPORTS, LLC Responding Comp/any eName- PO BOX 7726 fi Contact Name: 2A G Phone Nu mber: m ber: /'f0-a7-7r(0 Email: (( �SNS(�D •(am Proposal Details: Item Baseball Shirts " a m Quantity 430 Unit Price .7 - Total Price 4 .3'D Item Baseball Pants Drawstrin airs a '® L CG(JD Z Quantity 192 4 h 19Y?Ioxz 1 .. Unit Price Total Price t) p Item Baseball Pants Belt Loo f®/V WMI n9 ' P OS Quantity 135 0 Unit Price +A: ( YX L U : -60 ^S-!� lG Total Price ZD.O Item Baseball Belts UNY s ` ` FIIZ Quantity 135 Unit Price Total Price 7-Y4. ,- .apf__ Item Baseball Socks GZD Un�►r �' Quantity 327 o"'zoy Apa4l1w Unit Price Z. 4 P L •ZO10y Ov l a( -( Total Price b1z.70( Item Baseball Caps(Regular) C t✓ lul Quantity 50 C- t(e(Br - AfAWit. Clock Unit Price V Total Price ?• D KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.com PO BOX 7726 19 1 P a g e DALLAS, TX 75209-0726 PROPOSAL COST SHEET (continued) Item Baseball Caps Flex Fit of pad Cap A'� 10* Quantity 8 L-l0 0/ ' -Atti kt`c otk f' L L-X4 Unit Price .7 Total Price 90 Item k ball Shirts Z -/pd% 6 10ASiO0 QuantityUnit Price A y LTotal Price ,t'o Item Softball Knickers(drawstring) ALL 6sn uzi-0', nef SaA rj Quantity 70 Unit Price S'if L P00 AS Total Price "C6 Item Softball Knickers belt loo U U0/1 Lea "'rew!' `D a Quantity 80 -G✓Z 6 6u/ Unit Price Total Price q L•0 Item Softball Knickers Youth LL 61 U1h� atl Quantity 75 Unit Price Total Price J.S Item Softball Belts l Ti6 MA`(, 0i� // Lf Quantity 80 Unit Price /. Total Price / 0 Item Softball Socks p Quantity 150 ZO Unit Price Z. 0 Z'r ZO A`C 11 Total Price / .0 Item Softball Visors 60 rv-1i0 Quantity 150 (.J o pr -,4-A/t KVlock Unit Price Total Price Item Coaches Shirts r — l Quantity 125 Unit Price •Total Price 0 ;. KENDALL ISAAC BSN SPORTS, LLC Bid Specialist kisaac@bsnsports.com PO BOX 7726 20 P a g e DALLAS, TX 75209-0726 PROPOSAL COST SHEET (continued) Item Coaches Caps Flex Fit a / 6AO &AWS Quantity 125 (o fe/"fy"-AAkf,'6 gl&cj< Unit Price Total Price 417,/$.7 Item Baseballs Safe-T Baseballs, white g, nor .Se'f fit/ emels Quantity20 dozen _ C � Unit Price Total Price 777 Z 0 Item Baseballs standard, white Quantity 50 dozen CR OC171300L Unit Price 3/.5— Total Price s' p Item Softballs 11 inch,yellow) jC 7 r pZ.,Hk6 /G 'f �+<< Quantity 25 dozen //I- Unit Price 3 . Total Price 974,40 Item Softballs 12 inch, ellow 4L r /2 ['fit a q sk, 5,0,14111 i / 'd Quantity 25 dozen /LLB Unit Price 3 Total Price .f'0 Item Catchers Set Youth T-ball)&6441r jullifee a f/ kforh6k, - / Quantity 3 Unit Price . Y Total Price Item Catchers Set Youth 0G or un` fr 6fdr tU 4C Quantity 5 9 Unit Price S. Total Price Z f. D Item Catchers Set Adult a r r '+• Q er ur7W- Nick Quantity 5 4v Unit Price Z Total Price 671W Item Baffin Helmets Youth Quantity30 3 r .. Unit Price _ Z6 Total Price p BSN SPORTS, LLC KENDALL ISAAC PO BOX 7726 Bid Specialist DALLAS, TX 75209-0726 ai 1 P a g e kisaac@bsnsports.com PROPOSAL COST SHEET (continued) Item Batting Helmets Adult V /► Quantity 30 G G V 60 W G L Unit Price I if Total Price l0 Q. 0 Grand Total Zr'9777 0Q Our firm has not altered any of the written texts within this document. Only those areas requiring input by the respondent have been changed or completed. If it is the Responder's intention to utilize a subcontractor(s) to fulfill the requirements of the Contract, the City must be advised of the subcontractor's company name, address, telephone and fax numbers, and a contact person's name at the time of proposal submittal. YES NO/ Will you be utilizing a subcontractor? If yes,have you included all required information with your proposal submittal? OR NO PROPOSAL—Keep our company on your Responders List Signature Date NO PROPOSAL—Remove our company from Your Responders List Signature Date KENDALL ISAAC BSN SPORTS, LLC Bid Specialist PO BOX 7726 kisaac@bsnsports.corr- DALLAS, TX 75209-0726 22 Page RESPONDER CERTIFICATIONS The undersigned responder; A. Certifies that it is not barred from bidding or contracting with the Village as a result of a violation of either Paragraph 33E-3 (Proposal rigging)or 33E-4 (Proposal rotating) of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65,Act 5,paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act(775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the Village upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act(775 ILCS 5/2-105) and agrees to comply with the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE in Appendix A, Section 750, Part 750, Chapter X, Subtitle B of Title 44 of the Illinois Administrative Code incorporated herein by reference, and D. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965), and E. Agrees to comply with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.) if this Project is a "public work" within the meaning of the Illinois Prevailing Wage Act (820 ILCS 130/.01 et seq.) and prohibit substance abuse while performing such work and has a substance abuse prevention program, and F. Agrees to provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1 et seq.) (25 or more employees under a contract of more than $5,000 or for individuals only when greater than $5,000), and G. Agrees to comply with the Employment of Illinois Workers on Public Works Act(30 ILCS 570/0.01 et seq.) and employ Illinois laborers if at the time of this contract is executed or if during the ter%SNW 1% Lit is excessive unemployment in Illinois as defined in the Act. PO BOX 7726 DALLAS TX 75209-0726 f 31 Responder's Firm Name Date KENDALL Bid Specialist ��Xxfl J'9w kisaac@bsnsports.com Signed Name and Title BSN SPORTS, LLC Print Name and Title PO BOX 7726 Street Address ' ity State Zip kPo-ro-zi-ID 1-foo:365--M Phone Number Fax Number �SN�3����s�d�-gar► Email Address 23 Page SUBCONTRACTOR LISTING Provide the name, contact information, and value of work for each and every subcontractor which will be employed on this project. Subcontractor No. 1 Business Name Address City, State, Zip Code Contact Person Telephone Number Value of Work Nature of Work Subcontractor No. 2 Business Name Address City, State,Zip Code Contact Person Telephone Number Value of Work Nature of Work Subcontractor No.3 Business Name Address City, State, Zip Code Contact Person Telephone Number Value of Work Nature of Work If additional sheets are needed,please make copies. KENDALL ISAAC Bid Specialist BSN SPORTS, LLC kisaac@bsnsports.corr PO BOX 7726 DALLAS, TX 75209-0726 24 P a g e REFERENCES General Information,the list below current business references for whom you have performed work similar to that required by this bid. Reference No. 1 xl"ktl. 6 Ufa r(kk Business Name PO �a2( ��y �K�,`i/� Teo Address City, State,Zip Code .3D-Z7l-IS?T Contact Person Telephone Number MI - �� e YV Dates of Service Nature of'Work Reference No.. 2 / �Z-a oil /7 Y-frivil Old Business Name �Y� v�'� ff y��uG �i��Qjit �e Address City, State,Zip Code /` Jel4l' lS 7fL/-�i/ ontact Person Telephone Number 204 Ate)(11-r A01111(1 �a6l Dates of Se ice Nature of Work Reference No.3 y6"kar Y0f4 usiness Name Val'te Address City, Sta e,Zip Code LY L30-,;YI-60 e, 004(PO-fo V Contact Person Telephone Number Dates of gervice Nature of Work ej If additional sheets are needed,please make copies. BSN SPORTS, LLC KENDALL ISAA( PO BOX 7726 Bid Specialist DALLAS, TX 75209-0726 kisaac@bsnsports.Corr 251 P a g DETAIL EXCEPTION SHEET Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the proposal. It is not our intention to prohibit any potential responder from bidding by virtue of the specifications, but to describe the material(s)and service(s) actually required. The City reserves the right to accept or reject any or all exceptions. Responder's exceptions are: Wad be Pd(J&f&L �47-fa/h" ad op/ayw-, 't-,�� i � �(�/'j1-l/�� ,l /► ,'��fj ({d . S�Qa/afGty �S /1{f�l�l SQ n i KENDALL ISAAC BSN SPORTS, LLC Bid Specialist kisaacCbsnsports.com PO BOX 7726 DALLAS, TX 75209-0726 261Page EXHIBIT A FOXES 40 A r „ • � i�Oki •. , Y RKVI LLE PARKS & RECREATION BSN SPORTS, LLC PO BOX 7726 DALLAS, TX 75209-0726 281Page Page 1 of 2 ACCiRU` DATE(MM/DD/YYYY) 1111.� CERTIFICATE OF LIABILITY INSURANCE 01/02/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center Willis Towers Watson Insurance Services West, Inc. fka Willis of -NAME: PH 1-877-945-7378 FAX 1-888-467-2378 Texas, Inc. A/C No: C/o 26 Century Blvd A DRIESS: certificates@willia.com P.O. Box 305191 INSURE S AFFORDING COVERAGE NAIC# Nashville, TN 372305191 USA INSURERA: James River Insurance Company 12203 INSURED INSURER B: Travelers Property Casualty Company of Ame 25674 BSN Sports, LLC 14460 varsity Brands way INSURERC: Employers Insurance Company of Wausau 21458 Farmers Branch, TX 75234 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W15113554 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DD/YYYY MM POLICY EFF POLICY EXP LTR /DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 CLAIMS-MADE X OCCUR DAMAGE-TO R EN TE D 100,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 00067824-5 07/30/2019 07/30/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COEaMBI accidentdentl GLE LIMIT $ 1,000,000 IX ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED TJ-CAP-6EO04847-TIL-19 07/30/2019 07/30/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Comp/Coll Ded $ 500.00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? No NIA TC2J-UB-6N324265-19 07/30/2019 07/30/2020 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Equipment Breakdown YAC-L9L-467675-019 07/30/2019 07/30/2020 Per Occurrence Included DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Location: Yorkville, Illinois SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. United City of Yorkville AUTHORIZED REPRESENTATIVE Attn: Carri Parker 800 Game Farm Road Yorkville, IL 60560 �5 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19061059 BATCH: 1510024 AGENCY CUSTOMER ID: _ LOC#: ACoREP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towns Watson Ina,uance sarvicss West, Inc. fka Willis of Texas, Inc. BSN Sports, LLC 14460 Varsity Brands Way POLICY NUMBER Farmers Branch, TX 75234 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURER AFFORDING COVERAGE: Employers Insurance Company of Wausau NAIC#: 21458 POLICY NUMBER: YAC-L9L-467675-019 EFF DATE: 07/30/2019 EXP DATE: 07/30/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Property Coverage Policy Limit $200,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 19061059 BATCH: 1510024 CERT: W15113554 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. ii Name of person who has a business relationship with local governmental entity. BSN Sports LLC 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. None Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 11 Yes n No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? KI Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? InYes 01No D. Describe each employment or business relationship with the local government officer named in this section. None 4 -'4��Z49A -be� 01/09/2020 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 BSNSPORTS t CONDITIONS idetermine If the order has already been processed or if the change ' can be made. If the order has been processed,we will not be able to change it and you will be responsible for paying for the order. If Satisfaction Guarantee a change can be made,there may be a delay In delivery and/or an We guarantee 100%satisfaction with your purchasel Products additional charge.Please be certain of your ordering needs prior may be returned for a refund within 30 days of the date the to submission.We may require that you prepay for custom orders. product was shipped to you,when returned in accordance with our Return Policy set forth below. Substitutions We strive to continually improve our products to give you the Reeturn Policy best value possible.On occasion,we may ship you a product f All returns must be authorized by us and require a return that differs from the one pictured and described in our catalog. } authorization number.Call our Customer Care Team at However,we will always substitute with a product of equal or , 1-800-527-7610 for a return authorization number.Returns must better quality and value. If be postmarked within 30 days of date the product was shipped to q y your requirements prohibit substitution, p ys Pr pp please let us know when you place the order, ww you;otherwise the return will not be eligible for credit.Items must i' be returned in their original condition, Including all tags,packaging Fast Servloe 1, and accessories(If applicable).A restocking fee may apply and We process orders the same day they are received and generally shipping charges will not be refunded unless the merchandise Is ship items that are in our inventory within 2-3 business days. e defective or it was shipped incorrectly. If delivery is required by a specific date,please notify us when , placing your order.Please call for information on express delivery. Custom orders may not be returned unless the merchandise is To ensure rapid processing of your order, be sure to complete all defective or we made an error when making the custom order necessary Information on the Order Form. product.The return authorization number must be Included in all r, correspondence and returns.We are not responsible for misuse, Easy Payment Terms customer installation,freight damage or improper storage. We offer net 30 day terms on approved credit, honor most major credit cards and accept prepaid orders.We accept VISA, FF 24 Hour Quick Ship MasterCard,American Express and Discover.We can also accept f. Highlighted Products will ship within 24 hours upon verification of your check by phone.We require a written purchase order(or order and credit release. valid purchase order number,subject to verification,if ordering via the Internet).We may require that you prepay for custom Actual arrival time at your location depends on the method of orders.Orders received from outside the United States require , shipment and distance from our warehouse.Standard freight rules prepayment before shipment.New customers requesting credit rr apply. terms are required to complete a Customer Information Sheet A (CIS)and require credit investigation and approval prior to order Pricing and Specification release.Customers agree to pay invoices within set terms. It is l We will make every effort to honor catalog prices through understood and agreed that payment in full is due upon receipt of June 30,2018.We reserve the right to change prices due to the merchandise.Past due balances will be charged interest at F increased costs,or to correct catalog errors In pricing and/or the rate of eighteen percent(18%)per annum,or the highest rate specification.When you send us your order request,we will begin permitted by applicable law,whichever Is lower. Customers also processing it as quickly as possible.Despite our hest efforts, agree to pay any and all fees,including attorney fees,incurred by a small number of items in our catalog may be mispriced. If an us to collect past due invoices. item's correct price is higher than our stated price,we will,at our discretion,either contact you for instruction before shipping or Frefaht Damaoe and Shipment Shortages cancel your order and notify you of such cancellation. We will We will gladly assist you with your freight claim.If a shipment is make every effort to send you only one invoice after all Items on short or damaged,the shortage or damage must be noted on the your order have shipped. freight delivery document at the time the product is delivered to you.Please notify us Immediately if you need assistance with your Sales Tax claim.Please call 1-800-719-3056 same day. Unless your organization is a branch of the federal government, you must provide to us for each state where you are not subject Dupl ate Orders to sales tax either a resale certificate or state exempt organization To avoid accidental duplication of your Internet or phone order, certificate,as appropriate. Otherwise,state and local sales taxes DO NOT send written confirmation unless you are asked to do so will be added in the states and territories of AL,AR,AZ,CA, CO, by a member of our team. If you must send confirmation,you must k CT, DC, FL,GA,HI, IA, ID, IL, IN, KS,KY, LA,MA, MD,ME,MI, mark the order as"Confirming Order,Do Not Duplicate."Unless 4 MN,MO,MS, NC, ND, NJ, NM, NY,NV,OH,OK, PA,RI,SC, your confirming order is marked clearly,you will be responsible SD,TN,TX, UT,VA,WA, WI,WV and Puerto Rico. This list of for return freight charges and a restocking fee of up to 25%If the t sales tax states is subject to change at any time without further duplicate order is returned. { notice. If you are a new customer,your resale certificate or state "p exempt organization certificate must be sent with the Customer Off-Shore Dostina Iona and APO/FPO Addresses Information Sheet CIS or otherwise received b us with or Sometimes the weight and size of Items preclude(CIS), y postal shipment. before your first order,to document your status as not subject Always provide alternative shipping Instructions and addresses to sale tax. If we do not have on file a resale certificate or state (allowing us to ship other than by postal service). exempt organization certificate,sales taxes will be added for orders shipped to any state or territory where we are required to FqWq M Wogre charge sales tax. Although we strive to meet obligations set forth in our catalog and promotional materials,we will not be liable for any failure Custom Orders to perform any such obligations by reasons of acts of God or Custom orders require a customer signed order specification the elements;acts,delays and failures to act by governmental 1 confirmation before any custom order is processed.If you decide authorities;riots,Insurrections,terrorism,sabotage and war,labor to change a custom order after it has been placed,please call strikes,Interruption,suspension,curtailment or other disruption of us immediately.We will contact the manufacturing facility to utilities;or other matters beyond our reasonable control. BSN SPORTS"A PRE-EMPLOYMENT CRIMINAL HISTORY CHECK AND DRUG TESTING After an offer has been made to an applicant entering a designated job category, a mandatory criminal history check, drug test and/or medical examination will be performed by a background research professional service company and health professional referred by BSN Sports, Inc. The offer of employment and assignment to duties is contingent upon satisfactory completion of the test. The examination will be performed at the company's expense in accordance with the policies explained in this Handbook and the applicable provisions of law. CRIMINAL CONVICTIONS OR OFFENSES The initiation of legal charges or a civil lawsuit against an employee may affect the licensure or bond ability of the employee and/or the Company, as well as the Company's ability to service and maintain the trust of its customers and other members of the community, and to provide for the protection of the Company's ability to safeguard its ability to properly service its clients. Consequently, to the extent permitted by law, employees shall be required to notify the Company if convicted or charged with the commission of a crime or offense. Employees also are required to notify the Company of any commencement of an investigation or disciplinary action relating to licensure or professional certifications. Additionally, except as otherwise prohibited by applicable law, any employee who is convicted, pleads guilty to or is sentenced for the commission of any crimes or offenses is subject to discipline, up to and including separation of employment without prior warning if the Company determines that the act,crime or offense: •Affects continued ability to perform duties for the Company •Indicates unfitness for continued employment •Involves theft or moral turpitude •Tends to bring the Company or any of its products into disrepute,or would affect employee morals or morale if employment continued •Indicates that the employee could present a danger to other employees or our customers;or •Would tend to indicate that the employee could present a danger to our customers or other employees. Except as otherwise prohibited by applicable law, the Company may discipline or separate an employee for engaging in off-duty conduct that the Company determines to be detrimental to the interests of the Company. i BSN SPORTS PO Box 7726—Dallas,TX 75209-0726 November 19, 2019 To Whom It May Concern: The following individuals have authority to sign bids and contracts for BSN Sports: Chris Bloomfield National Bid Director Craig Mostaffa Senior Bid Specialist John Stafford Senior Bid Specialist Sherry Igbal Bid Specialist Lorraine Eubank Bid Specialist Jackson Morris Bid Specialist Kendall Isaac Bid Specialist Sincerely, Terrence M. Babilla, President, Chief Operating Officer & General Counsel BSN Sports, LLC