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GOPHER SPORT - SOURCEWELL CONTRACT NO: 071819-PROA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: SOURCEWELL CONTRACT NO: 071819-PRO DESCRIPTION: PHYSICAL EDUCATION, ATHLETIC, AND FITNESS EQUIPMENT CONTRACT PERIOD: OCTOBER 17, 2019, THROUGH OCTOBER 3, 2023, WITH AN OPTION OF ONE (1) ADDITIONAL ONE-YEAR PERIOD. SECTION #1 – VENDOR AWARD Name: GOPHER SPORT Name: Contact: JESSE STAPP Contact: Phone: 855-500-3680 Phone: Fax: Fax: E-mail: JESSESTAPP@GOPHERSPORT.COM E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 9/27/2022, ITEM JJ AMENDED AMOUNT: N/A RESOLUTION NO: INSURANCE REQUIREMENTS: N/A ANNUAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: Please find a copy of the current contract for Sourcewell, effective October 17, 2019, through October 3, 2023, WITH AN OPTION OF ONE {l) ADDITIONAL ONE-YEAR PERIOD. SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF PURCHASING Contract Administrator: Luis A. Suarez Phone: 305-883-5988 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF PURCHASING Contract Administrator: Luis A. Suarez Phone: 305-883-5988 Prepared by: LUIS SUAREZ ITEM ~a:r ·~ ., SEP 2 7 2022 COUNCIL AGENDA ITEM RE Date of Request: Requesting City Department: Requested Council Meeting Date: Action Requested from the City Council : Scope of service (s) or product(s): V e ndor: Expenditure Amount : Purchasing Department 9/27/2022 0 Issue a purchase order 0 Increase a purchase order 0 Award a bid 0 Bid No. 0 Reject a bid 0 Bid No. 0 Special Ev e nts Permit 0 Street Closure Approval to piggybac k Sourcewell contract 071819-PRO for a term of October 1, 2022, through October 3, 2023 , with an option to re new for one (1) additional one-y ear pe riod through October 3, 2024. Physical Education, Athleti c, and fitn ess Equipm ent Goph er Sport Funding Source (i .e ., account funding the expenditure): Purchasing Process: Various D Competitive Bidding D An exception to competitive bidding applies: D Professional services in the nature of consultants, accountants, and attorneys D Sole source provider D Emergency based on object facts D Credit facilities D Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county, or other governmental agencies. D Title of state, county or other governmental agencies contract: Sourcewell contract 071819-PRO D Piggyback contract expiration d ate: Octobe r 3, 2024 D Waive Competitive Bidding D Reaso n(s) it is not advantageous to the City to utilize com p etitive bidding: r Signatures: Esteban Bovo, Jr. Mayor Carl Zogby Council President Monica Perez Council Vice-President September 20, 2022 Honorable Mayor Esteban Bovo, Jr. And City Council Members City of Hialeah 501 Palm A venue Hialeah, FL 33010 City of Hialeah Co uncil Members Bryan Calvo Vivian Casals-Munoz Jacqueline Garcia-Roves Luis Rodriguez Jesus Tundidor RE: Piggyback-Gopher Sport -Physical Education, Athletic, & Fitness Equipment Dear Mayor and Council members: In accordance with the City of Hialeah Code Section 2-818 State, county, or other governmental agency bids or contracts: Whenever advantageous to the city , the city may utili ze bids that have been awarded or under contract hy the state, county, or other governmental agencies. If the city utilizes state, county, or other governmental agency Js, competitive bidding will not be required. The City of Hialeah has programs throughout various Departments that require athletic, physical education supplies, and team uniforms. Establishing a pool of vendors for this service will significantly streamline the procurement process. Therefore, with your approval, Gopher Sport will be added to the li st of vendors to provide athletic, physical education supplies, and team uniforms. We will use a competitively bid contract, "Gopher Sp01i -Contract #071819- PRO for Physical Education, Athletic, & Fitness Equipment," via Sourcewell a cooperative purchasing organization for the public sector. This contract will be effective from October 1, 2022, through October 3, 2023 , with an option to renew for one (1) additional one-year period through October 3, 2024. Funding will be provided by the departments utilizing this vendor. APPROVED I DISAPPROVED 501 Palm Avenue, Hia leah , F lo rid a· 33 010-47 19 w ww.hi a leahf1 .1wv Piggyback Contracts Athletic, Physical Education Supplies, and Team Uniforms 1. BSN Sports -OMNIA Partners Contract #R201101 2. Riddell -OMNIA Partners Contract #R201102 3 . Gopher Sport-Sourcewell Contract #071819 -PRO 4. Palos Sport -Sourcewell Contract #071819-PAL (~l'J1Y ()I., III1\.I .. E1\.II CONTRACT AWARD PURCHASING DEPARTMENf SOURCEWELL CONTRACT NO: 071819-PRO DESCRIPTION : PHYSICAL EDUCATION, ATHLETIC, AND FITNESS EQUIPMENT CONTRACT PERIOD: OCTOBER 17, 2019, THROUGH OCTOBER 3, 2023, WITH AN OPTION OF ONE (1) ADDITIONAL ONE-YEAR PERIOD. SECTION #1 -VENDOR AWARD Name: GOPHER SPORT Contact: JESSE STAPP Phone: 855-500-3620 Fax: E-mail JESS ES TAPP@GOPHERSPORT.COM Name: Contact: )hone: Fax: E-mail: Name: Contact: Phone: Fax: E-mail: Name: Contact: Phone: Fax: E-mail: SECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: RESOLUTION NO: ANNUAL CONTRACT AMOUNT: N/A AMENDED AMOUNT: N/A INSURANCE REQUIREMENTS : N/A PERFORMANCE BOND: N/ A APPLICABLE ORDINANCES: N/A Notes: Pl ease find a copy of the current contract for Sourcewell, effective October 17, 2019, through October 3, 2023, WITH AN OPTION OF ONE (1) ADDITIONAL ONE-YEAR PERIOD. I SECTION #3 -REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF PURCHASING Contract Administrator: Luis A. Suarez Phone: 305-883-5988 I SECTION #4 -PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF PURCHASING Contract Administrator: Luis A. Suarez Phone: 305-883-5988 Prepared by: Luis A. Suarez, 9/20/2022 A CO NTRACT AWARD SHEET IN STRCUT IONAL GUID E TO ASS IST YO U WITH THE INFORMAT ION CONTAC INED HER EIN IS AVAILABLE IN THE PURC HAS IN G SECTION OF OUR W EBPAGE AT: www .hi alea hfl.go v GOP••• SP811T A Direct Marketing Company Line item discounts of 11% off our current publ ished price on most items . The brea kdown for pric i ng is as follows : 1) Physical Education Equipment 11% off catalog price 2) Athletic Equipment 11% off catalog price 3) Sports Equipm e nt 11% off catalog price 4) Apparel and Footwear NA off catalog price 5) Team Uniforms NA off catalog price Line item discount of 3% off our current publi shed price on products designated as "Only From Gophe r " and "Gopher Exclusiv e Product" (d esignated with a special r ed "G" logo in our cat alog and w e bsi t es ). Cat alog: W e bsite : llJ IJ Gopher l:.xclusive Produ c t Th e followin g item s do not apply for any di scountin g: • MAP-excluded item s (Minimum ~dv ert is ed frice determ i ned by supplier) • Climbin g Wall s • SPARK Physi ca l Edu ca tion Curriculum • SPARK Phy sical Education Profess ion al Deve lo pme nt Training • ACHI EV E! Cu r riculum Our publi sh ed pri ce on produ ct s typically changes a nnu ally . Rar ely a product or g roup of produ ct s c hanges price m o r e th an once during th e y ear du e t o ch anges i n m at e ri al cos t s or o th er fac t ors . In t h ose situations, the So urce w ell Co ntrac t di sco unt w o uld b e appl ie d t o t h e m ost cur r ent pub li shed price . Our publi sh ed pri ces for U.S. custom er s ar e i n U.S. doll ars. Our publi shed pri ces for Ca n adi an cu st ome r s are in Cana di an d o ll ar s. ( Gopher Sport Physical Education, Athletic, & Fitness Equipment #071819-PRO Maturity Date: 10/03/2023 Products & Services Products & Services Sourcewelt contract 071819 -PRO gi ves access to the following types of goods and services: o Physical education equipment o Physical education curriculum o Athletic equipment o Sports equipment o Fitness equipment o Recess equipment o Recreation equipment o Coaching supplies o Physical activity re sources o Games & activities o Weight room equipm e nt Additional informat ion can be found on t h e v e ndor-provided, n ongov e rnm e nt w e b s ite at: gophersport.com/sou rcewelt v r Buy Sou rcewell Login to unlock more contract features. Username Username Password Password Login Forgot username or password? Register Register for an account Simply co mplet e th e on lin e a pplication or co ntac t th e Cli ent Dev e lopm ent t ea m at se rvi ce@s ourcewell-mn .gov or 877 -585 -9 706. Search Suppliers & Contracts General Contracts ez lQC Contrac ts So urc ew ell's w ebsit e ma y contain li nks to no ngovernm ent w eb sit es bei ng provided as a conveni en ce and fo r i nformatio n al p ur po ses o nly. So urce w ell neit her endorses n or gu arantees, in any w ay, t he exte rna l organi za ti o n's se rvi ces, adv ice, or prod uct s in c lu d ed in t hese w ebsit e li nks. Source w ell b ea rs no res po nsi b ility fo r th e acc u rac y, l ega l it y, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. Sourcewell ~ About Careers Compliance & Legal Contact News Terms & Conditions Privacy Policy Accessibility All Solutions + Minnesota -Only Solutions + Supplier Resources + f .,, in a © 2022 Sourcewell. All ri ghts rese rved . DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 r 071819-PRO Sourcewell ~ Solicitation Number: RFP#071819 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Prophet Corp . d/b/a Gopher Sport, 2525 Lemond St. SW, Owatonna, MN 55060 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE . This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION . This Contract expires October 3, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11through16 survive the expiration or cancellation of this Contract . 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide th e Equipment, Products, or Services as stated in its Proposal submitted und erthe Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided und e r this Contract must b e n ew/current model. Ve ndor may offer clo se -out or r efurbi shed Equipment or Produ cts if they ar e cl ea rly i ndicat ed in Ve ndor's produ ct and pricing li st . Unl ess ag r ee d to by th e M e mbe r in a dva nce , Equipm e nt or Products must be delivered as operational to the Member's site. Re v . 4/2019 1 DocuSign Envelope ID : 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 r 071819-PRO This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materia ls, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Member. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purcha se. When providing pricing quotes to Members, all pricing quoted must reflect a Member's total cost of acquisition. This means that the quoted cost i s for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member's requested delivery location. A. SHIPPING AND SHIPPING COSTS. All d e livered Equipm ent and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve th e right to in sp ec t the Equipm ent and Products at a r eas onabl e tim e after delivery wh er e cir cumsta nc es or condition s prevent effective in spection of th e Equipm e nt and Produ ct s at th e time of delivery. Rev . 4/20 19 2 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 ( 071819-PRO Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX . Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time . All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number • Clearly specify the requested change • Provide sufficient detail to justify the requested change • Individually list all Equipment, Products, or Services affected by the request ed chang e, along with the requested change (e.g ., addition, deletion, price ch ange ) • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing re statement must include all Equipment, Products, and Services offered, even for thos e items where pricing remains unchanged. A fully exec uted Sourcewell Pri ce and Product Requ est Form will be become an amendment to this Contract and be incorporated by reference. Rev .4/2019 3 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP . Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member's use of this Contract is at the Member's sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source . Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws . 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchas e order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Addition al t erms and conditions to a purchase order may be negotiated between a M ember and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor's Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member's purchase order. Rev. 4/2019 4 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8879-19945519CD87 071819-PRO D. SPECIALIZED SERVICE REQUIREMENTS . In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immed iately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohib it the purchase or change the Member's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member . F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member's purchase order will be determined by the Member making the purchase . 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE . Vendor will assign an Accoun t Re pres entativ e to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Tim ely re spons e to all Sourcewell and M ember inquiries; and • Bu sin ess r evi ew s to Sourc ew e ll and M e mbers , if appli ca bl e. B. BUSIN ESS REVIEWS . Vendor must perfo r m a minimum of one bu siness review with Sourcewell per contract y ear. The business review will cover sales to m e mbers, pricing and contract term s, administrative f ee s, supply issu es, custom er is su es , and any other necessa ry information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT . Each calend ar qu arte r, Vendor mu st provide a contract sa l es activity re port (R e port) to th e So urce w e ll Contract Admini str ato r ass ign ed t o this Co nt r act . A Repo rt mu st be provid ed regardl ess of t h e nu m b er o r am o un t of sa les d urin g th at quarte r (i.e ., if there are no sal es, Vendor must submit a report indicating no sale s were m ade). 5 Rev . 4/2019 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO The Report must contain the following fields: • Customer Name (e.g ., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Member Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. Rev. 4/2019 6 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld . B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties . C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE . This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses . This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, ari sing out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specificat ions . 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clau se extends to Members as it relates to business condu cted by th at M ember und er this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcew ell must comply with the Minnesota Government Data Practices Act, Minnes ota St atutes Ch apter 13, as it applies to all d at a provid ed by or provided to Source w e ll unde r this Contrac t and as it appli es to all dat a created, coll e cted, r ece ived , stored, use d, maintained, or disseminated by the Vendor under this Contract. Rev.4/2019 7 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A . PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract . B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract . C. ENDORSEMENT . The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs th is Contract. Ve nue for all legal proceedings out of this Contract, or its breach, must be in the appropriate st ate court in Todd County or federal court in Fergu s Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be he ld responsible for delay or default caused by acts of God or oth e r conditions that are beyond that party's reasonabl e control. A party defa ulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be ill ega l, un enfo rc eab l e, or void th en both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the Rev.4/2019 8 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) lice ns ed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 9 Rev.4/2019 DocuSign Envelope ID : 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO"} Commercial General Liability Form CGOOOl (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event 10 Rev . 4/2019 DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8879-19945519CD87 071819-PRO $2,000,000 -annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data -including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty {30) days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds . D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for loss es paid und er the in surance polici es required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance Rev .4/2019 11 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell's approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract . Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements b ased on specific funding specification s. Within this Articl e, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when 12 Rev. 4/2019 DocuSign Envelope ID : 1FDC1830-2ED6-40A3-8879-19945519CD87 071819-PRO a Member accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of 11federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-l.4{b), in accordance with Executive Order 11246, 11Equal Employment Opportunity" {30 FR 12319, 12935, 3 C.F.R . §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 11Amending Executive Order 11246 Relating to Equal Employment Opportunity," and imp lementing regulations at 41 C.F.R . § 60, 11 0ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations {29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the p r evailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation . The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland 11Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, 11Contractors and Subcontractors on Public Building or Publ i c Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any mean s, any person e mployed in th e constructi on, compl etion, or rep air of public work, to give up any p art of th e compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CON TRACT WORK HOURS AND SAFETY STANDARDS ACT {40 U.S.C. § 3701-3708). Wh e r e a pplicabl e, all contracts aw ard ed by the non -f eder al entity in exc ess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulation s (29 C.F .R. § 5). Under 40 U.S.C. § 3702 of th e Act, each contractor must be required to compute the w ages of eve ry m ech anic a nd l abore r on the b asis of a stand ard work w ee k of 40 hours. Work in exce ss o f the st and ard work w ee k is permi ss ibl e provid ed th at th e worke r is compe nsa t ed at a r at e of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicabl e to construct i on 13 Rev.4/20 19 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-76710.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above . F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award {see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R . § 1986 Comp., p . 189) and 12689 (3 C.F .R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neithe r it nor its princip als are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31U.S.C.§1352). Vendors must file a ny required certifications. Ve ndors must not have us ed federal appropriated funds to pay any p e rson or organiz ation for influe ncin g or attempting to influe nc e an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award 14 Rev . 4/2019 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 071819-PRO covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R . § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act . The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION 15 Rev.4/2019 DocuSign Envelope ID : 1FDC1 B30-2ED6-40A3-8879-19945519CD87 r 071819-PRO Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any cert ification made in Vendor's Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell liOo c uSigne d by: By: -~l39~~Aff~ Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date : 10/1/2019 I 1 2:38 PM CDT Approved : lrOo c uSign ed by: By : -L~!e F0A~ Lnaa Loauette Title: Executive Director/CEO Date: 10/1/2019 I 2:58 PM CDT Re v .4/20 19 Prophet Corp. dba Gopher Sport Date: 10/1 7/2019 I 10:36 AM CDT 16 DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 RFP #071819 -Athletic and Physical Education Equipment and (Supplies with Related Accessories ----------------------·-------- Vendor Details Company Name: Prophet Corp. Does your company conduct business under any other name? If yes, please Gopher, Gopher Performance state: 2525 Lemond Street SW Address: PO Box 998 Owatonna , MN 55060 Contact: Email: Phone: Fax: HST#: Submission Details Created On : Submitted On: Jbmitted By: Email: Transaction #: Submitter's IP Address: ----··--------- Trent Spatenka bids@gophersport.com 800-84 7-5331 1339 888-319-7 452 411796468 Thursday June 06, 2019 15:51 :35 Thursday July 18, 2019 13:25:56 Jesse Stapp jessestapp@gophersport.com f 4e46301-31ee-4714-a525-690fbbc5e3b 1 209.170.226.146 DocuSign Enve lope ID : 1 FDC1 B30-2ED6-40A3-8B7 9-1994 5519CD8 7 Specifications Droposer Identity & Authorized Representatives Line Ques tion Res ponse * It em 1 Proposer Legal N am e (a nd applicable Prophet Corp . d/b/a Gopher Sport d /b/a , if any): 2 P roposer Address: 2525 Lemond ST SW Owato nna, MN 55060 3 Proposer website address: www.gophersport.com 4 P rop oser's A uthorized Representative Ryan Reimers (name , title, address, emai l address & CFO p hone) (The representative must 2525 Lemond St SW h ave a uthority to sign the "P roposer's PO Box 998 A ssu ra nce of Compli ance" o n behalf Owato nna, M N 55060 o f t he Proposer): ryan reime rs@goph e rs port.com 1-800-84 7 -5331 x 1522 Beth Ga uth ier-J enkin Vice President -Sales and Customer Service 2525 Lemond ST SW PO Box 998 Owatonna. MN 55060 bethgauthi erjenkin@gophersport .com 800-84 7-5331 x 1342 5 Proposer's pri ma ry contact for this Jesse Stapp proposal (name, title, add ress, email Brand Sales Manager -Gopher address & ph one): brand 2525 Lemond ST SW PO Box 998 Owatonna , MN 55060 jessesta pp@gophersport.com 855-500-3620 Pro poser's other co ntacts for this Trent Spatenka Bi d a nd Sa les proposal, if any (name, title , add ress, Analyst 2525 Lemond ST SW emai l address & ph o ne): PO Box 998 Owatonna, MN 55060 trent spatenka@gophe rsport.com 800-84 7-5331 x 1339 Company Information and Financial Strength Line Item 7 Ques tion Provid e a brief history of yo ur co mp any, including your company's cor e values , bu siness phi losophy, and i ndustry longevity related to the request ed eq ui pment, produ c ts or se rvices . Provide a detailed descripti on of th e prod ucts and services that you a re offeri ng in your proposal. Re s p onse * Proph et Corp dba Gopher Sport began in 1947 as Gopher Athl etic Supply Co. The humble gopher is the state a nimal of Minnesota, hence the name th e n and no w. Originally the company was a regional se ll er of tea m sports eq uipment and has since expanded in to m any other areas in support of our mission wh ic h is "To in crease the happiness, co nfidence an d self-e steem of yo ung and old by helpi ng them lead more active and healthy lives." T he Gopher brand catalog is probably the oldest continually-in-existence seller of equ ipment fo r physica l education, sports, fitn ess and recreation in the U .S. Through our Goph er brand , w e invent and supply 7,000+ high quality products for physical ed uca ti on, ath leti cs, fitn ess. st rength and conditio ning, and recreatio n. The company's core values are Kindness and Respect, Integrity, Customer Satisfacti on, Acc ountabili ty, In itiative, Sales and Profit Growth , and Fun . Our customers tell us they love us becau se of our innov ative prod uc ts, our truly gr ea t servi ce and our Unconditional 100% Satisfaction Guara ntee. W e get excited by th e chall enge of inventin g new ways to improve th e results and in crease the enj oym ent of physical activity. W e strive to be the easies t, most t rustworthy co mpany for ou r custom ers to do busin ess with . A n in stitution li ke a K-12 school , a college, or a municipal pa rk and rec department could select from 7 ,000 innovative, high quality products from more th an 90 diffe rent product categories sold thro ugh the Gopher brand . The prod uct ca tegori es avail able th ro ugh the Gopher brand incl ude A ctivity Ba ll s Ad apted PE Ag ility Speed Arc he ry Award s DocuSign Envelope ID: 1FDC1830-2ED6-40A3-8879-19945519CD87 Badminton Balance Tra ining Baseball/Softball Basketball Balls Basketball Goals Beanbags Bikes Bleachers and Benches Body Weight Training Books Bowling Broomball Canopies Cardio Boxing CharacterEd Cheerleading Climbing Component Conditioning Ropes Cones and Markers Curriculum Dance Discs Dumbbells Electronics Ellipticals Equipment Packages Exertainment Facilities Field Day Field Hockey Field Marking First A id Fitness Assessment Fitness Bars Fitness Circuits Fitness Equipment Fi tn ess Games Flag Football Flexibi lity Floor Hockey Flooring Football Game Tables GameDay Gam es and Activities Golf Gym nas tics Hoops Ice Hockey lnflators Install Introducto ry Fitness Jump Ropes Kelllebells L acros se Locks and Lockers Mats Medicine Ba ll s Movement Nutrition Outdoor Education Paddle Games Pa ra chutes Parts Pedometers Pinnies a nd Vests Pl ayground Plyometri cs Racquet Ball Rebounding Resistance Train ing Resources Rhythm Rhyth m a nd Dance Rhythm n and Dance Rid e-Ons Rowers Sand W e ights DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 9 10 11 12 13 What are your company's expectati ons in the event of an award? Demonstrate your financial strength and stabil ity with m ea ningful data. This could includ e such items as financial statements, SEC filings , credit and bond ratings, letters of cred it, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. What is your US market share for the sol utions that you are proposing? Wh at is your Canadian market s hare, if any? Has your business ever petition ed for bankruptcy protection? If so, explain in detail. Scooters Scoring Screamin' Colors Selectorized Weight Systems Soccer Soccer Goals Special Stability Balls Steppers Steps Stopwatches Storage Strongman Swimming Table Tennis Team Building Tennis Teth erball Track and Field Treadm ills Ultra Play Uniforms Upper-Body Ergometers Volleyball Balls Volleyball Standards Weightlifting Equipment Whistles Workout Mats Yoga While the vast majority of what we sell does not require "installation", and those items that do require installation are typically easily handled by the customer, we can arrange for installation if the customer desires. We expect an increase in business as a result of new customers who may buy exclusively fror time- We also expect Sourcewell to provide us with any contact information about active Sourcewell accounts that we could use for sales and marketing activities to make those agencies aware that they can now purchase Gopher equipment using their Sourcewell agreement. Prophet Corp is a privately-owned corporation reg istered in MN and has been continually in existence since 1947. W e own ou r 180,000 square foot distribution center, which we built new in 2008 and wh ere most of our almost two hundred team members work. We have no debt. W e supply equipment to th e majority of US K-12 school di stri cts every year. W e also supply equipment to tens of thou sands of other institution types each year. The last sentence in Sourcewell's RFP document states " Financial information provided by a Proposer is not co nsidered trade secret under the statutory definition". Since we are a privately-owned corporation, we prefer not to provide detailed financial inform ation that would become become public re cord in accord ance with Minnesota Statutes Section 13.59 1. In stead we included separately a PDF with some key financial ratios from our auditor, a recent Dun and Brad St ree t credit report on o ur company , and a reference letter from our commercial bank Wells Fargo. Most of the market is supplied by privately-owned companies like us , so market share inform ation is difficult to accurately ascertain. We believe the Gopher brand to be the oldest and one of the larg est suppliers of physical education equipme nt in the U.S . We have been selling into Canada for almost 10 years. Our market share in Canada is small er th an our market share in th e US because of our time in that market. No DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 14 How is your organ ization best described : is it a m We are both a manufacturer and a dealer. We have products manufactured for us under our o your written authorization to act as a distributor/de< (example: Wilson brand ba sketballs) as a distributor. 15 16 17 your sales and service force and with your dealer In both cases, the vast majority of the products we sell are used by the customer right out of the box. If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (includin g third parties and subcontractors that you use) in pu rsuit of the bu siness contemplated by this RFP . Provide all "Suspension or Disbarment" informa tion that has applied to your organization during the past ten years . Within this RFP category there may be subcategories of solutions . List subcategory titles that best describe your products and services . Prod ucts we sell requiring some sort of installation (example : a horizontal climbing wall in the gymnasium or wall mats in the gymnasium ) are so straight-forward that they are almost always installed by the customer. If a customer does not want to install the product themselves, we can arrange for installation at an additional charge which will depend on th e product to be insta ll ed and the installation location . No specific li censes or special certifications are requ ired to sell the type of institutional equipment. We follow all state and federal (including Canada) ru les and laws that apply to us concerning business registration , sales tax collection, sales tax remittance, tax filing, and anything else. N/A Physical Education Equipment Sporting Goods Ath letic Equipment Sports Equipment Uniforms Fitness Equipment Weight Room Equipment Exercise equipment Recreation Equipment Aquatics Equipment Athletics Surfaces Fitn ess and Exercise Equipment Cardio equipment Sports & Gym Equipment Playgrounds & Pa rks Industry Recognition & Marketplace Success Line Question Response * Item 1 8 Describe any relevant indu stry awards or ICM I (International Customer Management Institute) Best Contact Cente r 2018 W e graciously ac recognition that your company has received in aw ard s th at we receive each year from custom er groups, associations and suppliers . th e p as t fiv e yea rs 19 What percentage of your sales are to the 2017: 4% governmental sector in the past three 2018: 4% years 2019 YTD: 4 % 2 0 What perce ntage of your sales are to the 2017: 85% education sector in th e past three yea rs 2018: 85% 2019 Y TD: 86% 21 Li st a ny stat e or cooperative purchasing Ari zona contra cts that you hold . Wh at is th e annual Iowa sa l es volu me for each of these contracts ove r Massachusetts Rhode th e past three years? Island Texas Buy Board US Communities (OMNIA) Utah The last sentence in Sourcewell's RFP docum e nt state s " Fi nancial in formation provided by a Proposer is not co nsid ered trade secre t under th e statuto ry definition". Since we are a privately-own ed co rp orati on, w e prefer not to provide detailed fin ancial information that would become become public record in accord an ce with Minnesota Statutes Section 13.591. 22 Li s t any GSA co ntracts that you hold. Wh at is GSA GS03F034GA th e annual sales volume for each of th ese co ntracts over the pas t three years? . . . . . DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 References/Testimonials Line Item 23. ( 1tlty Name • Contact Name * Jefferson County School District Dave Yonkie Fort Worth Independent School District Brooke Sharples Polk County Public Schools Kathleen Wright Top Five Government or Education Customers Phone Number * (303) 982-5969 . (817) 814-2894 . (863) 534-0018x669 . Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State I Scope of Work * Size of Transactions • Dollar Volume Past Three Province * Years * School District Education California -CA Supplying PE and Sports equipment TRADE SECRET TRADE SECRET $850 avg >$1M School District Education Texas -TX Supplying PE and Sports equipment TRADE SECRET TRADE SECRET $978 avg >$1M School Di strict Education Pennsylvania -Supplying PE and Sports equipment TRADE SECRET TRADE SECRET PA $715 avg >$800k School District Education California -CA Supplying PE and Sports equipment TRADE SECRET TRADE SECRET . $815 avg >$800k School District Education Wisconsin -WI Supplying PE and Sports equipment TRADE SECRET TRADE SECRET $866 avg >$700K DocuSign Envelope ID: 1FDC1830-2ED6-40A3-8879-19945519CD87 Ability to Sell and Deliver Service Nationwide Describe your company's capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas : locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each ~tor, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Response * Item 25 Sales force. We have a 66-person sales and customer service team who have overlapping responsibility for servicing our custome rs. All of our sales and customer se rvice team is located in MN. Ou r . sales team travels frequently all around the US and Canada to exhibit at trade shows , perform training for our customers and personally visit customers and prospects . 26 Dealer network or other distribution methods . All of our customer interactions, service and distribution is handled by our internal team members. Although the vast majority of what we sell does not require any installation, and those items . we do sell that require insta ll ation are almost always arranged for or executed by the customer, if a customer wants installation, we can arrange that. 27 Service force . 66 person sales and customer service team . Our customer service team is easily one of the most well-trained , friendly, and efficient on the planet. 2 most frequent pieces of feedback . from our customers is how easy/friendly we are to work with and fast the customer received their product. 28 De scribe in detail the process and procedure We service c ustomers through any method they choose to contact us with the same of your customer service program, if commitment to providing an awesome experience. During the hours of 7AM-5PM CST, phone app licable. Includ e your response-time calls are answered within 10 seconds by a real person 99+% of the time. 90% of emails are capabilities and commitments , as well as any responded to in one hour. Chat is handled almost in stantly. T ho se we interact with by phone . incentives that help your providers meet your and chat are asked lo rate their experie nce with their agent and 98% of our interactions result stated service goals or promises . in a 5 star rating from the customer. We utilize advanced workforce management measurement and feedback tools to ensure we are staffed properly, that the team is trained properly and that we are consistently achieving our high standards of performance 29 Identify any geographic areas of th e United We service a ll parts of the U .S., U.S. territories and Canada States th at you will NOT be fully servi ng . through the proposed contract. 30 Identify any Sourcewell Member sectors (i.e., None government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example , does . your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Defin e any specific con tract requirements or AK, HI a nd US Te rritori es have access to eve rything we se ll, but the transportation charges restrictions th at would a pply to our Membe rs in and th e amount of time required fo r delivery will be different than in the 48 states . Hawaii and Alaska and in US Territories. Marketing Plan Line Question Response * Item 32 Describe your marketin g strateg y for We would advertise the agreement in our 600+ page Gop her ca talog , whi ch we mail several tim es promoting this contract opportunity. per year to every school, govt agency and other institution who likely purchases physical educa ti on, Upload representative sam pl es of your sports or fitn ess equipment. marketing materials (if appli cable) in the We wou ld advertise the agree ment o n our website . www.gophersport .com W e wou ld advertise the agr. • document upload section of you r also en sure o ur c ustomers and prospects were aware of the agreement and response . understood it's benefits. 33 Describe your use of techn ology a nd We invest heavily in our websites to ensure th at th ey are as easy to find, navig ate, search and digital data (e.g., social med ia, metadata shop as possible. W e atlract shoppe rs to ou r sites thro ugh our search engine adve rti sing . We usage) to enh ance marketing optimize our site conten t to be top of the search results on google and bing when users are . effectiveness. searching for the type of products we sell. W e have o ur own social site fo r teachers and are active on other general social media sites (face book, twitter, etc) 34 In your view, wh at is Sourcewell's role in p We would expect Sourcewell to inform its existing customers with mail, email , advertising, on Sourcwell ' Sourcewell -awarded co ntract into your sal in -market sales team that promotes the use of th e Sourcewell agreement to its member agencies, w1 . ,,5 Are your products or services avail able thr Yes, we utili ze Equallevel and have many customers that order from us via e-procurement. We e-procurement sy stem and how gove rn me have al so don e direct installations but th ese are much more inte nsive and less common . Equal Leve l is a cloud-based eprocu remenl marketplace that easily integrates with customers procurement . pro cesses. https://www.equa ll evel .com/abouU DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 Value-Added Attributes ( Line Item 37 38 39 40 41 42 Question Describe any product, equipment, maintenance, or operator training programs th at you offer to Sourcewell Members. Include details, such as whether training is standard or optional, who provides training , and any costs that apply. Describe any technological advances that your proposed products or services offer. Describe any "green" initiatives that relate to your co mpany or to your products or services, and include a list of the certifying agency for eac h. Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to ene rgy efficiency or conservation, life-cycle design (cradle-to-cradl e), or other green/sustainability factors. Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of ce rtifica tion (as applicable ) in th e document upload section of yo ur response. What unique attributes does your company, your products, or your services offer to Sourcewell Me mbers ? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? Id entify your ability and willingn ess to provide yo ur products and se rvi ces to So urce well member age ncies in Canada. Response • Gopher offers both general professional development as well as product-specific training primarily to physica l education teache rs and district personnel. Gopher offers train ing to teachers on the effective implementation of the Dyn amic Physical Education(TM) and the SPARK(TM) physical education curriculum. The training we offer is very affordable and effective and satisfies educators requirements for continuing education. The training plan , duration, logistics and loca tio n all affect the price of the training . Gopher can also design and execute training and professional development for areas not specifically listed here on an ad-hoc basis. We constantly are investing in and adopting new technologies that either improve the experience for our customers (faster ordering, faster shipping, fas ter servi c e) or that improve the function or durability * of the product (new designs, new materials, etc.). We pay significant attention to minimizing our product packaging. We have invested meaningfully in technologies that allow us to minimize the size of the bo xes used to ship our customer's orders. We use air-bags to protects items in the shipping box instead of crumpled paper or environmentally hazardous packing peanuts . We eliminate dead space in packaging in order to ensure customers receive damage free products, which eliminates the need for inconvenient and earth-unfriendly return and replacement shipments. We recycle both in our office and in our warehouse. We built our current building in 2007-2008 and i ncorporated as many energy-efficient best-practices as was financially feasible, including very hi gh efficiency h ea ti ng and cooling systems, radiant heating in the floors of our office , and motion-detecting florescent lighting in our warehouse. None N/A We believe we provide the most innovative and highest-quality assortment of products for professional users . We introduce hundreds of exclusive products each year designed specifically so that professionals and non professionals can get more enjoyment and be ne fit from physical activity. Our customers love our customer service tea m for th eir fri endlin ess, care and efficiency. Stocked product 4PM) Stocked products arri ve at almost any location in the 48 states no more th a n 4 busi ness days at We back ev erything w e sell with our Unconditional 100% Satisfaction Gu arantee. We can ship to any locati on in Canada. DocuSign Envelope ID: 1FDC1B30-2ED6-40A3-8B79-1994 5519CD87 Warranty Describe in detail your manufacturer warr anty program, including conditions and re quire ments to qualify, claims procedure, and overall s t r u ctu re. You may upload representati ve samples of your warranty materials (if applicable) in the docume nt upload sect ion o f your response · addition to respondi ng to the questions below. Line Que s tion Response * Item 4 3 Do your warrant ies cover all products, pa rts , and labor? We offer ou r custome rs a n Uncond itiona l 100% Satisfacti on Guarantee on the products we sell. The vast majority of what we se ll doesn't req uire service, while th e . remainder is user-serviceable (replacing a net on a soccer goal) 44 Do you r warranties impose usage restrictions or other O ur Uncond itional 100% Satisfaction Guara ntee applies to products that were used . limitations that adversely affect coverage? for their i ntend ed purpose . 45 Do your warranties cove r the expense of t echnicians' Not appli cable . travel time and m i leage to perform warranty repairs? 46 Are there any geographic regions of th e U nited States Not appli cable (and Canada, if a pplicable) for which you ca nn ot provide a certified techn icia n to perfo rm wa rra nty . repairs? How will So urcewell Members in these regions be provided service for wa rra nt y repair? 4 7 Will you cover warranty se rvice for items made by If we so ld the product to the customer, and there is a warranty claim with the other manufactu rers t hat are part of your proposal, or manufacturer, we generall y resolve the warranty claim with the manufacturer on the . are these warranties issues typically passed on to the customer's be h alf. original equipment manufactu rer? 48 W h at are you r proposed exchange and return programs We offer our customers an Unconditional 100% Satisfaction Guarantee on wha t we and po licies? sell. If a product we sold fails to perfor m as advertised when used as intended, we most commonl y replace the product or refund the purchase price. In certain . situations where it is more appropriate, we provide rep lacement parts to the customer instead of replacing t he entire product. 49 Descri be any service contract options for the items None . included in your proposal. Payment Terms and Financing Options Line Que s tion Resp o n se • Item 50 What are your payment term s (e .g., net 10, net 30)? Net 30 . 51 Do you p rovi de leasing or finan cing options, especially t hose Yes Schools and other publicly funded agencies are automaticall y extended er options that schools and governmental entities may need to use req uired. in order to make certain acq ui sitions? We offer lease and fin anci ng options for the purchase of capital items . through a t hird party. 52 Bri efly describe your proposed order process . Include enough We will use a price code on orders from customers using the Sourcewell detail to support your ability to report quarterly sales to agreement. This price code will populate the correct price on th e c ustomer's Sourcewell as describ ed in the Contract template . For example, ord er and make it very simple to create 100% accurate quarterly reporting . indicate wh ether your dealer network is included in your on Sourcewell sales response and whether each dealer (or some other entity) will process the Sourcewell Members' purchase orders. 53 Do you accept the P-card procurement a nd payment process? If P-Cards are accepted . There are no additional cos ts w hen a customer so, is there any addit ional cost to Sourcewell Members for using wants to pay with a P-Card . . th is process? Pricing a nd De livery Provi de detailed pricing information in the questions that foll ow below. Keep in m in d th at reasonable price a nd product adju stments can be made during t he term of an aw ard ed Contract as desribed in the RFP, t he template Contract, and th e Sourcewell Price and Product Change Req uest Form . I Line I Quest ion Item I Respon se * II DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8879-19945519CD87 54 Describe your pricing model (e.g ., line-item discou nts or product-ca Line item discounts of 11 % off our current published price on most items . Lin materials (if applicable) in the document upload section of your res Product" (designated with a special red "G" logo in our catalog and websites ...... 55 56 57 58 59 60 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related se rvices, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This incl udes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list cos ts for item s like pre-delivery inspection, in sta llation, set up, mandatory training, or initial inspection . Id entify any parties th at impose suc h costs and their relation s hip to th e Proposer. If freight, delivery, or shipping is an additional cost to th e Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. Specifically describe freight, shippin g, an d deli very term s or programs available for Al aska, Hawaii, Ca nada, or any offshore delivery. Other items may have other discount levels. See our price proposal for furth er details . Our published price on products typically changes annually, and rarely a product or group of products changes price more th an once during th e year due to changes in material costs or other factors. In those situations, the Sourcewell Contract discount would be applied to the most current published price. Our published prices for U.S. customers are in U.S . dollars. Our published prices for Canadian customers are in Canadian dollars. 11 % off our current published price on most items, 3% off the published price of our exclusive "Only From Gopher" products (designated with a special red "G" logo in our catalog and websites) , and certain other items may have other discount levels. Rebates of the following amounts will be provided to those customers based year: 1% rebate on sum of orders whose total is between $10,000 and $2 Rebates are paid in the same currency in which the invoices were paid. W e can easily procure and supply products that we don't normally stock from our existing suppliers. In those situations, we would ca lculate a published price for the product according to th e same method we c alculate the p ublished prices on other items from that supplier. Then we would apply th e Sourcewell discount to arrive at the Sourcewell customer's fin al price. Any sales ta x req uired to be collected wi ll be charged according to the laws of each taxing authority and the tax-exempt status of each customer. Orders th at ship by parcel method from our warehouse using our st and ard delivery method to any of the 48 states will ship with no additional shipping charges. Orders that sh ip by truck to any of the 48 states will have 10% of the merchandise total added to the order as the shipping c harg e. If the s hipping location h as no loading dock, and th e order requ ires shipm ent by truck, a liftgate-equipped truck is required for delivery and an addition al $90 is added to th e cost of shipping. Customers can opt to have orders that ship by tru ck delive red to a particular location in their building (Room of Choice delivery") for an additional $349 W e ca n imm edi ately quote th e additiona l cost for expedited or overnight shipping to a customer at th e tim e of the ir order. Parcel shipme nts to Alaska, Hawaii and many Canadia n ad dresses will have 17% of the merchandise total added to th e ord er as th e shipping c harge. Parcel shipments to parts of Canada identified as "Remote Locations" by Fed Ex will have shipping c harges calculated at th e time of th e order. Tru ck shipme nts to Ala ska, Hawaii a nd Ca nada will have shipping charges calcul ate d at the t ime of order. DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8879-19945519CD87 61 Describe any unique distribution and/or delivery methods or Orders for stocked products received by 4PM CST are packed and options offered in your proposal. sh ipp ed the same day. Because of our location, the majority of orders for stocked products shipping by parcel within the 48 states arrive to the customer 2 business days after the order is shipped and 95+% arrive within 4 business days. We strive to ship the customer's order complete ' one time for thei r convenience. We are happy to consolidate multipl e . orders into a sing le shipment or to divide and deliver a s ingle order to multiple locations . We use over-e ngineered shipping materials and methods, inclu ding high-cru sh strength boxes, properly packed and filled boxes with no voids , and extra packaging (like shrink-wrapping or wooden crating as needed) to ensure product arrives undamaged to th e custome r. Pricing Offered Line The Pricing Offered in this Proposal is: • Item Comments 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Audit and Administrative Fee Line Question Item Response • 63 Specificall y describe an y se lf-audit process or program that you plan to We will create a price code to be used on Sourcewell orders th at employ to verify compli ance with your proposed Contract with Sourcewell. will allow us to easily track the orders placed. We will have internal Th is process includes ensuring that Sourcewell Members obtain the proper reporting to ensure that the code is being applied properly and that pricing, that the Vendor reports all sal es under the Contract each quarter, the customer is receiving the correct pricing . If a customer wants and th at the Vendor remits the proper administrative fee to Sourcewell. to use the co ntract it will be req uired for them to reference the . Sourcewell con tra ct number. With this price code, it will be si mple to provide error free reporting to calculate all sales under the co ntract each quarter and to remit to Sourc ewell the agreed-to administrative fee 64 Identify a proposed administrative fee that you will pay to Sourcewe ll for 1.5% of net sa les on orders invoiced and paid where cu stomer facilitating , managing, and promoting the Sourcewell Contract in the event uses the Sourcewell Contract. that you are awarded a Contract. This fee is typically ca lculated as a . percentage of V endor's sa les under the Contract or as a per-unit fee ; it I is not a line-item addition to the Member's cost of goods. (See the RFP and t e mplate Contract for additional details.) Industry Specific Questions Line Question Respon se • Item 65 If you are awarded a con tract, provide a few 1) Growth in institutional customer coun t 2) Change over time in number of accounts using the examples of internal metrics that will be Sourcewell Contract 3) Sales growth of those accou nts using the Sourcewell Contract vs . sales tracked to measure whether you are havi ng growth fo r all other institutional accounts (stratified by customer typ e) 4) Average order size of success with th e contract. accounts using th e Source well Contract vs . average order size of all oth er in sti tutional . accounts (strati fie d by cu st ome r type) 5) Order frequ ency of accounts usin g th e Sou rcew ell Contract. vs order frequen c y of all othe r in stituti onal accounts (stratifi ed by customer typ e) 66 Do you have an on-line purchasing portal? If W e will be implementing a purchasing portal throug h our w ebsi te in 2020 that will all ow a so, please describe your onlin e orderi ng sin gl e user (or users) to have centrali zed administration, approval and control of ordering and process , purchase a pproval s/tracking , payment spending across th e account. Exa mple: a school di stri ct co uld design ate a single user in th e options, re porting and monitoring (For purchasing depa rtm ent wh o ca n approve ord ers requested by teachers through the w ebsite. . example, can a m ember track spending by Once approved by th e purchasing d epa rtm ent des ig nee, we wou ld fu lfi ll the order and invoice st aff members , can a memb er put limits o n as requ ested. purchases, can a member be invoiced, etc.) DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 67 ( 68 69 Describe any curriculum or lesson plan materials that you offer related to the equipment or products included in your proposal . How does your offering complement, assist , or provide value to improving health and activity initiatives? How does your offering address member's needs for safety and well-being for participants? 1) Gopher is the exclusive sou rce of the online Dynamic Physi cal Education{TM) ASAP curriculum . This is an online-only place where physical education professionals can build their own activity and lesson plans for the day, week or month based on the activities and lesson plans from the #1 best-seller Dynamic Physical Edu cation(TM) curriculum program by Dr. Bob Pangrazi and Dr. Aaron Beighlie for free . www.dynamicpeasap.com 2) Gopher is the exclusive se ller of the SPARK(TM) Physical Education Curriculu m. SPARK is the most re searched and most proven effective PE c urriculum in th e world and was developed by Dr. Thom McKenzie, Dr. Jim Sallis and Paul Rosengard at San Diego State University. SPARK not only has comprehensive curriculum for K-12 physical education, but also has curriculum for Early Childhood physical development, Adapted physical education, creating Active Classrooms and creating and managing Before/After School prog rams. We offer this curriculum in both printed and digital form and also can provide customized training for teachers and districts on how to effectively implement the program. for K-12, Early Childhood, Adapted, Active Classroom and After School www.sparkpe .org 3) Gopher is the exclusive seller of the ACHIEVE!(TM) Physical Edu cation Curriculum . The ACHIEVE! curricu lum is a comprehensive, teacher-friendly, comple tely turn-key Elementary and Middle School curriculum for PE and After School programs that can be implemented by both classroom teache rs and PE Professionals. www.achievepe.co m 4) Gopher is th e e xclusive source for the Ac tive & Healthy Schools(TM) program . This program is an easy to follow roadmap that shows schools how to create a more active and healthy school environment outside of their physical education classes. https://www.gophersport.com/resources/active-healthy-schools 5) Gopher created the PEUniverse website 12+ years ago as a place where physical education professionals could meet online, share id eas , ask questions a nd post videos of activiti es . Recently updated, visitors can quickly find id eas and vid eos or sign up and participate in the conversations www.peuniverse.com 6) Of course , every product we inven t and launch also includes clear concise in structions for use , al ong with vari ations that both extend the usefu ln ess of the product for th e teacher and ensu res the students get maximum fun from the product! Glad you asked ! Our mission as a company is "To increase the happiness, confide nce a nd self-esteem of young and old by helping them lead more active and healthy lives". Any entity who wa s serious about finding solution s for increasing acti vi ty or improving hea lth has no better re source th an Gopher. Our co mmitment to quality and innovative teaching tools allows us to fulfill ou r m 1ss1o n every day. Wheth er it's a yea rly repl e nishm en t ord er for an existing organization or providing top-ti er product to equ ip a new facility, our unique and comprehensive offering allows orga nizations a ll over the world improve health and activity initiatives. All products have to meet our internal stan dards for function , safety and durability before they ca n be added to our offering . A l arg e percentage of the products we reje ct are rejected for being in sufficient in one of the se areas. Produ cts are also rejected if th e manufacturer ca n't veri fy that th e prod uct meets or excee ds any requirem en ts defin ed by th e CPSC or oth er ag e nc y. We also change th e information or adapt our assortme nt in response to comply with changes in safety requireme nts. W e re ce ntly had to revise th e assortment of some plasti c pro du cts in order to comply with th e CPSC's rece nt ban of th e inclu sion of certain types of che mi ca ls called phthal ates in products used by children. Manu facturers of products w e sell that are designed t o pre ve nt injury, like playground surfacin g o r helm ets, mus t confirm th at th eir prod ucts mee t current indu stry stand ards . DocuSign Envelope ID: 1FDC1 B30-2ED6-40A3-8B79-19945519CD87 Exceptions to Terms, Conditions, or Specifications Form O nly those P roposer E xcepti o ns to T erms, Conditio n s, or Specifications that h ave been accepted b y Sourcewell have been incorpor a t ed into the contract text. .. cuments Ensure your submission document(s) conforms to the following : 1. Documents in PDF format are preferred. Documents in Word, Excel , or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file . If the zipped file contains more than one (1) document, ensure each document is named , in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." • Financial Strength a-AG Stability -Prophet Corp Auditor reference , Dun and Bradstreet and Bank Referenc e .p df-Friday July 12, 2019 16:56:52 • Marketing Plan/Samples (optional) • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information (optional) • Pricing -Sourcewell Pricing Document.docx -Thursday July 18, 2019 13:13 :06 • Additional Document -Sourcewell Insurance Cert.pdf-Thursday July 18, 2019 13:00:37 DocuSign Envelope ID: 1FDC1B30-2ED6-40A3-8B79-19945519CD87 Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable li censes necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person , firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The contents of the Proposer's proposal have not been communicated by the Proposer o r its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal. 5 . The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation . 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or mea ns that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded . At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. i;;-By checking this box I acknowledge th at I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has th e same legal effect, validity, and enforceability as if I ha d h and signed the Proposal. This signature will not be denied s uch legal effect, v a lidity , or enforceability solely because an electronic signature or electronic record was use d in its formation . -Ryan Reimers, CFO The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obli gations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check th e box in the colu mn "I have reviewed this addendum" below to acknowledge each of the add e nd a. DocuSign Envelope ID: 1 FDC1 B30-2ED6-40A3-8B79-19945519CD87 File Name <ll.ddendum_3_ l hletic_and_Physical_Education_Equipment_and_Supplies_with_Related_Accessories_RFP _071819 t=ri July 12 2019 02:18 PM Addendum_2_Athletic and Physical Education Equipment and SUpplies with Related Accessories_RFP _071819 Wed July 10 2019 02:53 PM Addendum_ 1_ Athletic and Physical Education Equipment and Supplies with Related Accessories_RFP# _071819 Tue July 2 2019 03:37 PM I have reviewed the below addendum and attachments (if applicable) Pages Sourcewell ~ Gopher Sport Physical Education, Athletic, & Fitness Equipment #071819 -PRO Maturity Date: 10/03/2023 Conta ct Info rmation Contact Information Supplier Contact Information To purchase off this contract or for questions regarding products and pricing, please contact: Jesse Stapp, Brand Sales Manager Phone: 855-500-3620 Emai l: jessestapp@gophersport.com Sourcewell Contact Information For questions regarding contract documentation or the so l icitati on process, p l ease contact: Joram Manka, Supplier Development Administrator I Phone: 218-541-5226 Email: joram.manka@sourcewell-mn.gov Heidi Murray, Supplier Development Specialist Phone: 218-895-4119 Email: heidi.murray@sourcewell-mn.gov Buy Sourcewell Lo gin to unlo ck more contrac t f ea tures . v Username Username Password Password Log In Forgot username or password? 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Sourcewell ~ About Careers Compliance & Legal Contact News Terms & Conditions Privacy Policy Accessibility All Solutions + Minnesota-Only Solutions + Supplier Resources + f "#in a © 2022 Source w ell. All rights rese rved . Better Business Bureau® Home > Minnesota > Owatonna > ~Rorting Goods Retail > GoRher SRort > Business Details « Additional Information Not BBB Accredited Gopher Sport This is a multi-location business. Location of This Business 2525 Lemond St, Owatonna, MN 55060-5081 BBB File Opened:4/22/2008 Years in Business:75 Business Started:4/1/1947 Business Started Locally:4/1/1947 Licensing Information: This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met. Type of Entity:Corporation Alternate Business Name The Prophet Corporation Business Management M att Ginske y, Vic e Pr es id e nt Contact Information Principal Matt Ginske y, Vic e Pr es id e nt Cu stom e r Contact Matt Ginskey, Vice President Additional Contact Information Phon e Numbe rs (507) 451-7470 Other Phone (800) 533-0446 Other Phone Serving Area We service the following area(s): Southeast MN, Southeast MN Afton, MN Albertville, MN Almelund , MN Andover, MN Annandale, MN Social Media n Facebook t!J YouTube m Pinterest CJ Twitter Business Categories .S P-Orting Goods Ret ail Accreditation T his business is not BBB Accredited Years in Business: 75 BBB Rating Cust omer Revi e ws are not used in til e calc ulation of BBB Rating A+ I Overview of BBB Ratings BBB Busin ess Profil es may not b e re produced for sa les o r promotion al pu rp o ses . BBB Busin ess Profi les are provid e d sole ly t o ass ist you in exercis in g y ou r o wn b est judg men t. 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