Golf Shop Merchandise 2009 Town of Yarmouth February 26, 2009

Invitation to Bid

Golf Shop Merchandise 2009

Town of Yarmouth

February 26, 2009

TABLE OF CONTENTS

Page Number

I INTRODUCTION 3

II. INSTRUCTIONS 3

A. Definitions 3 B. Bid Submission Requirements 3 C. Description of Services 4 1. Scope of Services 4 2. Contractor Qualifications and Obligations 4 D. Rule for Award 4 E. Contract Agreement if any 5 F. Termination of Agreement 5 G. Minority Or Woman Business Enterprise Participation 5 H. Equal Employment Opportunity/Anti-Discrimination Program 5

APPENDICES

APPENDIX A -- Certificate of Non-collusion 6 APPENDIX B -- State Taxes Certification Clause 7 APPENDIX C – Conflict of Interest Statement 8 APPENDIX D - Bid Pricing Sheet 9 APPENDIX E - Legal Notice 10 APPENDIX F – Bid Compliance Statement 11 APPENDIX H - Bidders Checklist 12 APPENDIX I -- Contract Agreement 13

Page 2 of 14 SECTION I. INTRODUCTION This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all contracts must be awarded strictly in accordance with the requirements of this Invitation. The Town has no discretion under the law to consider responses that fail to comply with those requirements, except for minor informalities as permitted by MGL Chapter 30B Section 5(f). If it becomes necessary to revise any part of this solicitation or otherwise provide additional information, an addendum will be issued to all prospective bidders who received copies of the original Invitation.

SECTION II. INSTRUCTIONS A. DEFINITIONS For the purposes of these documents, the following definitions apply: Authorized Agent of the Town will be the Yarmouth Town Administrator or his/her designee. The Town is the Town of Yarmouth, a municipal corporation organized under the laws of the Commonwealth of Massachusetts Agreement – Golf Shop Merchandise 2009 Agreement incorporated herein as Appendix I. Bidder - The firm submitting a bid to provide golf shop merchandise for resale Bidder - The firm that is awarded the agreement to provide a line of golf shop merchandise

B. BID SUBMISSION REQUIREMENTS

1. All responses shall be submitted to Golf Division, 635 West Yarmouth Road, West Yarmouth, MA 02673 by 10:00AM on March 24, 2009 at which time they will be opened and read aloud. Each bid shall be in a SEALED envelope marked: Golf Shop Merchandise 2009 The name and address of the bidder shall also be listed on the envelope. Any Bid received after the date and time stated in the “Legal Advertisement” will be deemed “non-responsive” and shall not be opened. The Bidder must submit a percentage off of the dollar amount of the Published 2009 Wholesale Catalog Price List for golf merchandise manufactured and/or distributed by the following companies: The Acushnet Golf Company, The Taylor Made Golf Company, The Cleveland Golf Company, The Wilson Golf Company, The MacGregor Golf Company, The Adams Golf Company, The American Dry Goods Company, The Bridgestone Golf Company, The Imperial Headwear Company, The Ping Golf Company, The Tehama Sportswear Company and, The Weather Company. Bid may offer different per cent off discounts for different items in the product line, but bid must include the entire product line of the company or companies specified in the bid.

2. The bid must be in the form provided on the Bid Price Sheet attached as Appendix D. The Town will not consider any bid that does not conform with the Bid Price Sheet. The bid must be signed by the individual bidding or, if a corporation, by an agent of the company who has authority to bind the company to the bid price.

3. The Town of Yarmouth may cancel this Invitation, in whole or in part, or may reject all responses submitted or may procure only some goods and/or services outlined in this Invitation whenever such action is determined to be fiscally advantageous to the Town or if it is otherwise in the best interest of the Town. 4. The Town of Yarmouth may request that supplementary information be furnished to assure the Town that a Bidder has the technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work, prior to the final award.

Page 3 of 14 5. The Bidder shall sign all required documents correctly in ink. In the case of an organization, firm, partnership or corporation, a person having the legal authority from said organization to sign will sign the documents. 6. Bidders may correct, modify or withdraw the original bid on or before the date and time as stated in the “Legal Advertisement”. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the Bidder. Any late correction or modification to the bid will not be accepted. A bidder who wishes to withdraw a bid must make a request in writing. 7. It is understood that the Bidder’s Bid to the Town of Yarmouth to provide said services and/or products will remain valid for 90 days past the submission deadline. 8. The Bidder’s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this proposal/purchase shall apply to the agreement throughout, and they shall be deemed to be included in the agreement the same as though herein written out in full. 9. Bids, which are incomplete, conditional or obscure, will be rejected. No award shall be made to any bidder who cannot satisfy all of the requirements of these bid specifications. The awarding authority’s decision or judgment on these matters shall be final, conclusive and binding. Final bid award will be subsequent to awarding authority’s ability to verify the bidder’s ability to meet these requirements.

C. DESCRIPTION OF MERCHANDISE TO BE PROVIDED 1. The Town of Yarmouth is seeking individuals or companies to provide merchandise items manufactured or distributed by the following companies for resale in the Golf Shops at its Bass River and Bayberry Hills Golf Courses. The Acushnet Golf Company, The Taylor Made Golf Company, The Cleveland Golf Company, The Wilson Golf Company, The MacGregor Golf Company, The Adams Golf Company, The American Dry Goods Company, The Bridgestone Golf Company, The Imperial Headwear Company, The Ping Golf Company, The Tehama Sportswear Company, The Weather Company. These items may include, but are not limited to: socks, peds, gloves, balls, tees, golf bags, luggage items, shoes, hats, sunglasses, optics, range finders, golf apparel, golf towels, and golf accessories. Bidders may bid on one or more (or all) of the product lines manufactured or distributed by the listed companies. Bid may offer different per cent off discounts for different items in the product line, but bid must include the entire product line of the company or companies specified in the bid.

2. CONTRACTOR QUALIFICATIONS AND OBLIGATIONS Qualifications: Bidder must be able to provide documentation of demonstrated ability to provide merchandise as specified above. A bidder must be able to demonstrate at least three years of successful performance in providing merchandise for resale. To determine whether or not a Bidder is responsible, the Town may demand and check references. Any Bidder who fails to provide the required references within three business days of request or whose references fail to confirm that the Bidder has met his/her contractual obligations under previous contracts or bids will be rejected as not responsible.

D. RULE FOR AWARD The Bid will be awarded to the individuals or companies offering the Town of Yarmouth the greatest percent discount each wholesale price list attached to this IFB (appendix j) The Town shall award a bid to no more than one bidder for each of the above listed company’s product line.

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E. Golf Shop Merchandise 2009 This Invitation, as well as the selected Bidder's bid, and any addenda to the Invitation, will become part of the final contractual documents. The proposed AGREEMENT the Town will sign is attached as Appendix H. It will be combined with this Invitation and the awarded Bid to make up one document.

The agreement shall be subject to force majeure considerations and in the event that either party hereto shall be prevented from the performance of any act required there under by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonably within the control of the party in performing any obligations shall be excused for the period of the non-performance.

F. TERMINATION OF GOLF SHOP MERCHANDISE 2009 AGREEMENT Subject to the provisions of the section explaining Force Majeure, if the Bidder shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Town shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice of such failure or violation is received by the contractor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the Bidder of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

G. MINORITY OR WOMAN BUSINESS ENTERPRISE PARTICIPATION Minority-Owned Business Enterprises (MBE) or Woman-Owned Business Enterprises (WBE) are strongly encouraged to submit proposals in response to the Invitation for Proposal (RFP). For the purposes of this RFP, the term MBE or WBE shall mean a Bidder who is certified as a minority business enterprise by the State Office of Minority and Women-Owned Business Assistance (SOMWBA), and who is certified at the time the Bidder’s proposal is submitted. All minority owned businesses are encouraged to apply for SOMWBA certification. For further information on SOMWBA qualifications, or access to SOMWBA Bidder lists, contact the State Office of Minority and Women-Owned Business Assistance at (617) 727-8692 The Town of Yarmouth will require contractors and subcontractors involved in local municipal projects to abide by the Equal Opportunity Anti-Discrimination Program guidelines below, which form a part of the agreement generating from this Invitation.

H. EQUAL EMPLOYMENT OPPORTUNITY ANTI-DISCRIMINATION PROGRAM

During the performance of this agreement, the Contractor and all of (his) Sub-Contractors (wherein after collectively referred to as the Contractor), for himself, his assignees, and successors in interest, agree as follows: The Bidder, in the performance of all work after award and prior to completion of the agreement work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment. Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B)

The Bidder by signing the agreement offered by the Town agrees to abide by the above paragraph to the best of his/her ability.

Page 5 of 14 Appendix A

CERTIFICATE OF NON COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

FIRM SIGNATURE

ADDRESS NAME (print)

TITLE

TELEPHONE DATE

Page 6 of 14 Appendix B

STATE TAXES CERTIFICATION CLAUSE

I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law.

by: * Signature of individual or Corporate Officer Corporate Name (Mandatory) (Mandatory, if applicable)

**Social Security # (Voluntary) or Federal Identification #

* Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant.

** Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended. This Invitation is made under the authority of Mass. G.L. 62C s. 49.A.

Page 7 of 14 Appendix C

CONFLICT OF INTEREST STATEMENT

I. This is to certify that no municipal employee of the Town of Yarmouth, nor any spouse, parent, child, brother or sister of such municipal employee, has any financial interest in the bidder on this proposal.

Titled:______Dated:______

Signature:______

Name:______Position:______

II. I/We the undersigned or immediate family hereby certify that the following Town of Yarmouth employee or employees have a financial interest in the business, company, partnership or similar entity which is proposing on the contract:

Titled:______Dated:______

Name of Employee(s):______

Signature:______

Name:______Position:______

III. Notarization required for either certification.

Sworn to before me this______day of ______, 200___.

______(Notary Public)

IV. If any principal of your firm and/or if any employee of your firm, who will work on this project, has ever been an employee of the Town of Yarmouth, list them below:

Name:______

Town Department Worked:______

Last Date of Employment with Town:______

Page 8 of 14 Appendix D

ATTACHMENT B TOWN OF YARMOUTH Acushnet Golf Company Golf Products and Accessories FOR GOLF PRO SHOPS

BID FORM

• Bidders are asked to bid a percentage off the product lines from the companies listed on Attachment A of the bid specifications. • Bidder must bid all items within the product line; Bidder may diversify the discount rates for different categories • Bidder must include table of shipping and/or freight charges that will be used in mailing merchandise to the Town’s golf courses. • Bidder may request a “minimum quantity order” stipulation or charge a “small order” charge if the minimum is not met

Awards will be given to the most responsive, responsible bidder who offers the lowest price (highest discount) on each product line.

Please indicate the product lines and items that you are bidding on along with the % off: Product Line: ______

PerCent Off Catalogue Price: ______%__

Small Order Charge (if applicable) ______

Company Name: ______

Address: ______

______

Authorized Signature: ______

Print Name: ______

Telephone: ______Fax: ______

Email: ______

Date: ______

Page 9 of 14 Appendix E

LEGAL ADVERTISEMENT INVITATION FOR BID

Town of Yarmouth Golf Division is soliciting invitations to bid for: GOLF SHOP MERCHANDISE 2009 for the period of March 24, 2009 to March 23, 2010.

Specifications will be available at the Golf Division, 635 West Yarmouth Road West Yarmouth, Ma. 02673 between the hours of 8:30 A.M. and 3:00 P.M., Monday through Friday, beginning February 26, 2009. Bids must be delivered to the Office of the Director of Golf Operations 635 West Yarmouth Road West Yarmouth, Ma. 02673 no later than March 24, 2009 at 10:00 A.M. at which time bids will be opened and read aloud. The Town of Yarmouth reserves the right to reject any or all bids when it deems it to be in the best interest of the Town of Yarmouth.

Appendix F

Page 10 of 14 COMPLIANCE STATEMENT

I ______, for______Authorized Agent Name of Company agree to the terms of this Invitation to Bid for the GOLF SHOP MERCHANDISE 2009 Agreement and have read and understand all sections and provisions herein.

I also agree and will abide by the provisions of the GOLF SHOP MERCHANDISE 2009 AGREEMENT (Appendix I).

Signature ______

Date: ______

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Appendix G

Bidders Checklist

Your Bid Package Will Not Be Considered Unless It Includes The Following Items:

1. Submit by 10:00AM Tuesday, March 24, 2009 a sealed envelope or package marked with the bidder’s name and address clearly marked “GOLF SHOP MERCHANDISE 2009 ” and containing the following completed forms with original signatures where applicable:

APPENDIX A -- Certificate of Non-collusion (Notarized) APPENDIX B -- State Taxes Certification Clause (Notarized) APPENDIX C – Conflict of Interest Statement (Notarized) APPENDIX D - Bid Pricing Sheet APPENDIX F – Bid Compliance Statement

Page 12 of 14 FORM OF CONTRACT AGREEMENT Appendix H Golf Shop Merchandise Bid 2009

Made in triplicate this the (day) of (month) between the Town of Yarmouth, Massachusetts (Town), and ______(Company) WITNESSETH: That for and in consideration of the following mutual covenants contained herein the parties agree with each other as follows: ARTICLE I:

All in accordance with our bid, dated February 26,2009 the detailed terms, specifications, and conditions set forth in the attached papers which are made a part of this contract.

ARTICLE II: The Town agrees to pay to the Company upon the satisfactory completion of the delivery of Golf Merchandise to the Town of Yarmouth’s Bass River and Bayberry Hills Golf Course’s Golf Shops, the wholesale price (less ____%) as indicated on the bid form submitted March 10, 2009 plus the shipping charges as indicated per unit or on the chart attached, submitted on that same bid form . ______

IN WITNESS: Whereof the respective parties hereto have caused this instrument to be duly subscribed and sealed.

TOWN OF YARMOUTH . . (Name of Company)

I certify under the penalties of perjury that I, to the best (Town Agency) knowledge and belief, have filed all State tax returns and paid all State taxes required under law. BY: ______Town Administrator . *Signature of Individual or Corporate Name (Mandatory) DATE: ______BY: ______By: Corporate Officer (Mandatory, if applicable) Peter Johnson Staub Director of Community Services

. DATE: ______**Social Security # (Voluntary) or Federal Identification #

APPROVED AS TO FORM BY: *Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. ______Town Counsel **Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you DATE AND ARTICLE # OF APPROPRIATION have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed or extended. This request is made under the authority of Massachusetts General Laws, Chapter 62C, Section 49A.

APPROVED AS TO APPROPRIATION BY: Distribution: 1 for Town Accountant ______1 for Company Town Accountant 1 for Department

DATE: ______

FA-1 Page 13 of 14 Appendix I TOWN OF YARMOUTH Acushnet Golf Company Golf Products and Accessories FOR GOLF PRO SHOPS

BID FORM EXAMPLE

Awards will be given to the most responsive, responsible bidder who offers the lowest price (highest discount) on each product line.

Please indicate the product lines and items that you are bidding on along with the % off: Product Line:_Tiger Golf Balls and Golf Stuff_2009 Wholesale Catalogue

PerCent Discount Off Catalogue Price: _2_% ; except for pages 27,28,31, and 36 on which we offer 0% discount

Small Order Charge (if applicable): $5.00 on orders less than $100

Shipping Charges: See attached UPS Schedule from our warehouse to Zip Code 02673

Company Name: Tiger Golf Balls and Stuff

Address: 98 Magnolia Lane Augusta, Georgia 11222

Authorized Signature: Tiger A. Nicklaus

Print Name: Tiger A. Nicklaus

Telephone: BR 549 Fax: BR 550 Email: [email protected]

Date: March 1, 2009

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