HomeMy WebLinkAboutOpening of Proposals - City of SB Branded Apparel and Accessories - BSN Sports19 - -5vov7
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Project # 1074-2017
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CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
REQUEST FOR PROPOSALS
Sealed Proposals shall be received no later than 9:30 a.m., EST, on October 23'd, 2018, in the office of
the Board of Public Works,13th Floor, County City Building, Room 1316, South Bend, Indiana, for:
CITY OF SOUTH BEND BRANDED APPAREL AND ACCESSORIES
PROJECT #1073-2017
SUMMARY:
The Board of Public Works of the City of South Bend ("City"), is soliciting proposals from qualified
vendors for the following:
Project description:
The City of South Bend is seeking a qualified partner to provide branded apparel and other associated
items to include athletic shirts, t-shirts, collared shirts, jackets, and other clothing items for employees,
giveaways, camps, resale, and any other needs the City has. The City would like to enter into a two (2)
year vendor relationship, commencing January 1 st, 2019.
Proposals must meet the minimum expectations as provided in the City's Request for Proposals in
order to be considered.
How the Proposals will be evaluated and scored for selection.
The person/firm making a proposal shall submit an explanation of how they comply with the
requirements of this RFP. Exceptions to any requirements mentioned in this RFP must be clearly noted.
Information submitted will be scored on a 100-point matrix system as follows and will be graded by a
review team made up of city staff.
Cost
30 Points
Ability to meet branded product needs of the City
30 Points
Proximity to the City of South Bend
10 Points
References
10 Points
Examples of Previous Projects
10 Points
Product delivery lead times
10 Points
Upon selection, the City will then be given the approval to negotiate the terms of a final agreement.
Following negotiations, the City's Board of Public Works will be asked to review and approve the
proposed written agreement and if approved, the agreement will be executed.
The successful proposal respondent(s) shall comply with the City's ordinance and all other federal, state
and local laws and regulations governing nondiscrimination in employment.
21Pa6e POE0X772
TEXAS 79�lir
The City reserves the right to accept, negotiate scope or reject any or all proposals.
Complete Proposal Request packages and instructions are available for download by visiting the
City of South Bend's web page at www �,"outhbe11dJn gqy:
X Click on "I'm Looking For"
X Click on "Doing Business in South Bend"
X Clink on "City Contracts — Invitations to Bid"
Click on the "Required. Link" to register your company. You must register to
receive addenda and updates to the specific bid you are interested in. Failure to do
so could render your bid non -responsive to the specifications.
X Select and Print or Download the specifications
There is no charge far the documents. The instruction packet is also available for review only during regular
working hours in the Department of Public Works, 1316 County -City Building, South Bend,
Indiana. Questions should be directed by email to Patrick Sherman, at h"��1� � s►��►m�� ;�A►���IB�;�►� i::al►t►:.���,��.
The City reserves the right to review and audit all documents related to this proposal and to request
additional information as determined necessary. Failure to comply with the City's request may be deemed.
grounds for dismissing the proposal..
An optional Pre -Proposal Conference will be held on Tuesday, October 17'',, 2018 at 9:00 a.m. local time
at 301 S. St. Louis at the Lodge building within Howard Park. Any questions about response conditions
roust be addressed to the Owner via email no later than 5 p.m. on October 18"', 2018 to Patrick
Sherman at i""ins m�►► a;7ulxl�..ici►►�..:":
Proposals must include the Non -Collusion Affidavit, Non -Debarment Affidavit, Employment
Eligibility Verification, and Non-Diserimination. Commitment Form.
BOARD OF PUBLIC WORKS
Linda M.:Martin, Clerk
Publish two (2) times: October 51h 2018.
October 12"', 2018
1(X 'T`
0 M IPAS, I i.YA
-Fable f C f "t
A.
Instructions tpRespondents ........ .................................................................... ....... ...........................
5
B.
Project Details ... --.......................................................................................... .................................
5
1.
Owner Background ......... ... ............ ..................................................................... _.......
...... .............. 5
2.
Purpose of Request for Proposals ........................................................................ ....
........ .............. 6
C.
Proposal Format for Submittal .__--__........ ...........................................................................
.... G
1.
Cover Pe8e................................................................................ .... —.......... ...................................
6
2.
Table nfContents ..... .............. .................................................................. —.~.~................................
6
3.
Company Background............... ................................ .............................................
.~.................. 7
4.
Firm Capabilities ................. —......... ..........................................................................
..................... 7
5.
Firm Experience .................................. ---............ ...........................................................
—.... ^^'`7
G.
Example costs and product information .....................................................................
..................... 7
7.
Non -Collusion Non -Debarment Affidavit Non -Iran Form ..................................................................
7
D.
Selection Process ............................................ .... ........................................................................
... _/
1.
Request for Proposal Issued bvOwner ............ ...................................................................................
7
2.
Pre -proposal Conference ....................................... ...... —...................................................................
8
1
Selection ofWinning Proposal ................................ --..............................................
..................... 8
4.
Negotiation ......................................... —.........................................................................................
.8
5.
Final Approval .......................................... ..........................................................................................
8
tiConflict
ofInterest ......................................... ... __.........................................................................
8
• Individual ......................................................... .......... ................................................................... 8
• Organizational ................................... -........ ............................................................................ —.9
T
Anticipated Selection Tlnnefranle....................... ____ ...... .................................................................
9
NON -COLLUSION AND 0DN-DE8ARMEN7AFFIDAK[r.........................................................
1O
AppendixA..................................................................... ...............................................................................
l]
7 2 6
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A, kista]Uions to Respondents
0 Interested respondents MUST complete registration form
at I(wef. W.SQUthbendin,��Lvj to receive updates or addenda
• Review the required Non -collusion form also at
Do not submit qualifications if these terms are not acceptable.
• Optional pre -response meeting will be held on Tuesday, October 16th, 2018
at 9,:00am local time at 301, S. St. Louis, South, Bend, IN at the Lodge within Howard
Park.
Questions are welcome and appreciated:. Questions should be asked at the pre -
response meeting or by email top11!2E!,n Lttlh, 4jrL.,g2,y, Questions are due
by 5 PM on October 18 th 12018.
Answers to all questions will be provided in writing to all registered respondents.
• If the City determines any new information, question, or concern alters the RFP, an
addendum will be issued to revise the RFP.
Sealed responses must be submitted to the Office of the Board of Public Works, 13th
Floor, County -City Building, Room 1316, 227 West Jefferson, South Bend,
Indiana, by 9:30 AM ET on October 231d, 2018. Response package should be labeled
"RE: City of South Bend Branded Apparel and Accessories".
• Provide five (5) hard copies of response.
• Late responses will not be accepted and will be returned to the submitting company
ME=
9 The City of South Bend is not liable for any cost incurred by any person or firm
responding to this RFP.
The City of South Bend reserves the right to reject as nonresponsive any responses
that do not contain the information requested in this RFP and in the form outlined in
a 0 a MEN
B, Project Detads
L Owner Backgr,ounci
The City of South Bend's mission is to deliver services that empower everyone to thrive.
This delivery is in line with the City's values of excellence, accountability, innovation,
inclusion, and empowerment. The City is the fourth largest city in Indiana and serves as the
economic and cultural hub of northern Indiana. The City has over 1,100 employees and an
annual budget of over $3,80 million. The City maintains a high credit rating of "AA," The City
of South Bend is an important regional hub with many businesses large and small and
numerous important colleges and universities in the area including the highly ranked
University of Notre Dame. Under the leadership of Mayor Pete Buttigieg, the City has been
e 77,26
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experiencing a revitalization and has been increasing in population for the first time in
nearly fifty years.
The City of South Bend also manages public spaces and natural areas and provides
a diversity of activities and programs through the Department of Venues Parks & Arts.
Within the Department of Venues Parks & Arts (VPA) are Administration, Maintenance,
Forestry, Recreation, and Experience divisions. VPA handles city beautification, the East
Race Waterway, parkland and natural area maintenance, park and tree lawn trees, three
golf courses, three recreation centers and other facilities, youth and senior
programming, youth sports, arts and culture programming, and community -building. VPA
has a vital role in special events that occur throughout the year in South Bend. The
Department of Venues Parks & Arts will be the department utilizing the most branded items
and has its own unique logo set and needs.
2, Purpose of ReClUest for Proposals
The City of South Bend is seeking a qualified partner to provide branded apparel and other
associated items to include athletic shirts, t-shirts, collared shirts, jackets, and other
clothing items for employees, giveaways, camps, resale, and' any other needs the City has.
The, City also has a variety of needs for other branded accessory items that should be
considered as part of this proposal. Examples of items the City has procured in the past are
water bottles, flying discs, tumbles, foam balls, pens, notepads, etc. The City would like to
enter into a two (2) year vendor relationship, commencing January 11t, 2019.
Accordingly, the City of South Bend shall select the vendors} whose proposal and oral
presentation, if requested, demonstrate in the City of South Bend's sole opinion the clear
capability to best fulfill the purposes of this RFP in a cost-effective manner. The City of
South Bend reserves the right to accept or reject proposals, in whole or in part, and to
negotiate separately as necessary to serve the best interests of the City of South Bend. This
RFP shall not obligate the City of South Bend to award a contract or complete the proposed
project and it reserves the right to cancel this RFP if it is considered to be in its best interest.
This may or may not result in an exclusive contract.
C. Proposal Format for Subrnittal
L Cover Flage
0 Include name of company, address, and primary and secondary contact person,
including name, email, and phone number.
2. Table of Cor')Lents
61 :gage
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3. Company BackgMUnd
Briefly summarize your firms core lines of business, history, and structure.
Describe your firms number of employees and annual volume of projects.
• Please list any awards or relevant industry certifications.
4. Firm) Capabihtiies
* Describe any unique capabilities your firm possesses that would benefit the owner
in this project, i.e. web ordering capabilities,
• Describe your ability to provide branded items beyond clothing, such as pens,
notebooks, table cloths, or any other speciality items.
• Describe range of clothing items your firm can provide. Detail types of clothing and
quality levels.
• Describe methods of branding/ printing processes your firm is experienced in.
5. Fkrn Experierrjce
• Provide your 3 examples of previous work.
• Include references for the project examples.
6. Exarnpe costs arid product inforrnaLion
Firms must include the following example costs and information to be considered. All prices
shall be delivered prices.
0 Costs for standard branded clothing items. Please use the form in Appendix A to
provide costs for a sample set of clothing
• Include any information for quantity purchase discounts
• Information detailing clothing material composition and features
• Provide a sample list of accessory items available if applicable and associated prices
• Approximate Lead Times for product categories
7. Nor)-Golklsi(-.�n Non-[)ebarment Affidavit Non. Iran Form
Ensure proposal includes a signed and notarized Non -Collusion Non -Debarment. Affidavit Non -
Iran Form which is included within this packet. Not including this signed affidavit will be
grounds for removing proposal from consideration.
D. Selection Process
1. ReqUest for Proposal issued by Owner
The, Request for Proposals (RFP) is the first step in a multi -step process to identify one or more
qualified and satisfactory proposals for the branded item needs within the City of South Bend.
This IRFP details the requirement for the proposal, deadlines, and directions for submittal. The
Owner will not reimburse any respondent for costs incurred in developing a proposal for this
RFP.
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2, PreproposaConference
There will be an optional pre -proposal conference held on October 16 th at 10:00am at 301 S. St.
Louis Blvd. This meeting will give the City of South Bend the opportunity to detail the needs and
goals of this RFP as well give firms the opportunity to ask City staff questions about the project.
All questions will be answered in writing to any firm registered with the City of South Bend
website at www,sous hberidr�.,tT,,g,y/!!,!-'E.
I Selection of Knning Propo4
Evaluation of proposals will be based on the following criteria, and they will be evaluated by
representatives of Venues Parks & Arts and Public Works within the City. Following an internal
evaluation process, the selection committee will provide a recommendation to the Board of
Public Works for approval.
I
,Cost
30 Points
Ability to meet branded product needs of the City
30 Points
Proximity to the City of South Bend
10 Points
References
10 Points
Examples of Previous Projects
10 Points
Product delivery lead times
10 Points
4. Niegofiadon
Final contract including scope and payment terms will be negotiated with the winning firm
following the selection process.
e The selection of a firm, as part of this RFP' process does not obligate the City of South
Bend to enter into a contract.
• If the City of South Bend and the winniing vendor are unable to negotiate terms,
then the City of South Bend reserves the right to negotiate terms with the next
highest scoring proposal.
5. Final ApprovaV
Final contract will be submitted to the Board of Public Works for evaluation and,
approval.
6, Conflict (-,)f Interest
a Individual
81113M
LA�", "I'EXAS 75M)
The vendor must provide a list of all entities with which it has relationships that create, or appear to
create a conflict ofinterest with the work that it is contemplated in this Request for Proposal. The list
should indicate the names of the entity, the relationship, and a diiscussion of the conflict.
* Organizational
The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed,
there are no relevant facts or circumstances that could give rise to organizational conflicts of interest.
An organizational conflict of interest exists when, because of existing or planned activities or because of
relationships with other persons, a vendor is unable or potentially unable to render impartial assistance
or advice, or the vendor's objectivity in performing the contract work is or might be otherwise impaired,
or the vendor has an unfair competitive advantage. The responder agrees that, if after award, an
organizational conflict of interest isdiscovered, an immediate and full disclosure in writing must be
made tothe respective Cit/schief financial officer that must include a,description, mfthe action which
the vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict
ufinterest |sdetermined toexist, the City may, at its discretion, cancel the contract. |nthe event the
responder was aware of an organizational conflict ofinterest prior tothe award ofthe contract and did
not disclose the conflict to the contracting officer, the City may terminate the contract for clefault. The
provisions ofthis clause must be included imall subcontracts for work tobeperformed similar tothe
service provided by the prime contractor, and the terms "contract," "contractor," and "contracting
officer" modified appropriately tnpreserve the City of South Bend's rights.
7. /\Ai�cO6t8d SeleCtionTiO1e-frGFNe
Below btheanticipateddrnefnnrne for the Request for Proposal process. Thistimeline iasubject to
change if|t|o|nthe best interest ofthe City ofSouth Bend.
Proposals Due to South Bend per instructions
October 23"', 2018 @ 9:30am
Opening of Proposals
October 23 d 2018
Selection Process/ Potential interviews
October 2311 — November 7
2018
Committee recommendation to the Board of Public Works
November 8 th 2018
Proposal selection by the Board of Public Works
November 13', 2018
Negotiation of contract with winning firm
November 14 1h — Dec 6 1h 2018
Approval of contract by Board of Public Works
Tentative December 1 11h 2018
***END***
3U�,(,)X77, 26 -
a
BSN SPORTS,.
City of South Bend Branded Apparel and Accessories
BSN SPORTS and NIKE are pleased to extend this proposal to become a preferred provider of
apparel and related products and services for the City of South Bend. BSN Sports and our 1000+
employees are grounded in the virtues of heart, integrity, teamwork and resourcefulness. We provide
Game Changing Solutions that deliver on a particular "Promise" — and these values, drive our promise
to you.
Through this commitment to your organization, we aim to elevate the experience for all your
organizations and employees. We intend for this significant pledge of economic support to help outfit
your city in best -in -class apparel and equipment for many years, and to simplify your life by
centralizing the purchasing process; giving much needed time back to your staff.
Customer Service Guarantee:
BSN Sports offers the following solutions to serve the City of South Bend:
Local Sales Professiooal: BSN Sports Sales Professional, Kevin Drajer lives and works out of South
Bend. Kevin has been in the industry for almost 10 years. Kevin's contact information is:
Kevin Drajer
.k.dlfatpj@_)bsnsps�j _,gm
574-229-7999
Response time — BSN Sports has a response mandate to all employees that communication with all
employees and customers be within 24 hours, This includes voice and electronic communication.
Should there be circumstances where either of your local sales pros are not available, support people
are in place for contact during normal business hours Monday -Friday, lam to 5pm CST.
Local and National Customer Service — Each Sales Pro has an assigned Customer Service
Representative who works directly with them and can be contacted by any customer to answer
questions, review order status and detailed delivery information during normal business hours. BSN
Sports also has a national customer service team located in our Dallas headquarters that are readily
available as a backup during normal business hours.
Regional Management —Quinn Moore is the Regional Sales Manager's for BSN Sports in Indiana.
Quinn is based out of Indianapolis, and is, readily available and will be involved in ensuring the service
guarantee.
Quinn Moore
gLn,ppLg@12�5
31,7-407-0170
Electronic tools and Quick Order Entry: All BSN Sales Pros use an electronic order platform called
Quick Order Entry (QOE). Sales Pros enter their orders through our proprietary web -based portal
into our system. Sales Pros have the ability to enter an order, on -site with a customer when
necessary, to ensure order placement. These orders are then pushed to his CSR for procurement.
All orders have the ability to include a customer's email address, where the order is acknowledged
back to the customer via email. This confirmation serves as notice to the customer that the order has
been placed, and is updated via email notifications with shipping and tracking information until the
order is complete. The customer is notified throughout the entire process via email. A link is
provided should the customer want to receive any tracking information.
All BSN Sales pros have access to real-time inventory via our Portal. When meeting with a customer,
Sales Pros have the ability to check levels of product that come from our distribution centers as well
as the vendor's facility. This includes our DC's in Dallas for hard goods as well as Indiana for
footwear and apparel. We have over 25 national vendors that are required to give us live inventory
feeds as well. This process insures that the customer and sales pro are informed if product is readily
available at the time of order placement.
All BSN Sales Pros also have access to a proprietary tool called Team Art Locker. This tool gives the
sales pro access to building free custom art while working with a customer in person. Thousands of
name -drop designs are at his access, as well as customization where needed. This speeds up the
decoration process and gives the customer the ability to approve artwork in a much more efficient
time period.
Accounts Payable solution: City of South Bend will be enrolled in BSN Billing a secure website with
a hassle -free opportunity to access your account invoices and statements. The customer has access
to view statements and invoices, check the status of the account, and receive notifications when new
documents are posted. BSN Billing also allows the ease and convenience of paying bills online if
your accounting department would prefer. Our Biller Direct electronic system is the only one of its
kind in our industry. Opportunities for sign up and training are made available by our Account
Services team. BSN also has an assigned CCAR person who can be contacted via phone/email
should the need arise.
Online ordering capabilities. My Team Shop is the BSN Sports online player pay site capable of
use for employee optional apparel and unique marketing/fundraising opportunities. Your local sales
pro will work with individual representatives to identify items and artwork for shop. This one -stop shop
solution for custom apparel, equipment and accessories allows parents to go online choose items and
sizes and pay with credit card. Shops will be individually sorted by order and delivered to the
organizer of the store. In some cases, ship to home options will be identified and executed.
BSN Sports
4.84.9 Alpha Road
Dallas, TX 75244
BSN Sports
5349 West 76111 St,
diwi2w*lis. W 462P#,8
Quinn Moore
Regional Sales Manager
317-407-0170
Founded in 1972 as a factory -direct equipment company, BSN SPORTS is the largest distributor of
team sports apparel and equipment in the United States. We are your ultimate teamwear outfitter of
Nike, Under Armour and other national brands. It all starts in our neighborhoods. With over 850 sales
professionals living and working across the United States, we specialize in understanding your
community, your city and your unique needs. BSN SPORTS service approach is designed to make
you the hero in and out of the workplace.
As the largest distributor of team sports apparel and equipment in the United States, we are your
ultimate outfitter. BSN SPORTS is in the unique, position to support your needs by utilizing the largest
inventory in our industry as well as Indiana based resources and experience. BSN Sports vendor
network is the largest in the industry. We are the #1 provider for Nike and Under Armour in this
industry. Here is a link to our corporate catalog that highlights a small portion of what we can offer:
tAtp-A Qrts.LojDjc agge toqi�,i/tearr-iwork/ri-iobile/index,htr-yiI
Beyond the existing relationships proximity to Indianapolis is also a huge advantage. We maintain a
250,000 sq ft warehouse in Indianapolis which is the distribution hub for all cloth product stocked, by
BSN Sports. This facility is also home to a shape audited decorator capable of producing licensed
and unlicensed product via silk screen, embroidery, tackle twill, and digital fusion. The facility runs on
three shifts with dedicated time in the production schedule for our corporate properties. This ensures
the best possible turn times.
BSN also, has the ability to provide corporations a full slate of products beyond just apparel. BSN
Spoils offers commemorative gifts, promotional items and awards. You can visit or Corporate
Branding Solutions site to see the vast array of products that is offered:
t'iLtp , _p -andin, M/.O/LJJMWI-.-.Ml .1, I-..,/";p ere-wireies -stLsl!�gi:11cL-PALi
p 9 _I e.com/bsnbr
BSN Sports is the national leader in team sports. Therefore, our Sales Pros are well versed in the
timelines necessary to fulfill the purchases on time. They are also experts in communicating these
timelines to your employees and administrators. All in stock equipment is a two-day ship from our
Dallas equipment warehouse. In stock Blank cloth and footwear is a 1 day ship out of Indianapolis
and Richmond Indiana. Our warehouses have over $40M of stock at any given time. All BSN Sales
pros have access to real-time inventory via our Portal. When meeting with a customer, Sales Pros
have the ability to check levels of product that come from our distribution centers as well as the
vendor's facility. This includes our DC's in Dallas for hard goods as well as Indiana for footwear and
apparel. We have over 25 national vendors that are required to give us live inventory feeds as well.
This process insures that the customer and sales pro are informed if product is readily available at the
time of order placement.
Notre Dame
Mandy Madden
574-631-6100
Thank you!
O0
OPI I I IM 1LNTUMM P
Yvgp�Lve-s,�
(b,fyjc�f.�, .f,K1
574-514-9435
Quinn Moore
Regional Sales Manager - Indiana
BSN Sports
South Bend ST Joe
Deb Brown
dbm_kO_(&i, br itoehiCtt7CL)tjj
574-233-6137
M
I I "1 1111, 111, 1111111111 11111 111 y M!
-Nike Team Apparel
-Under Armour Apparel
-BSN Equipment Products
-BSN Equipment Catalog Branded products
35%® off Retail Price
30% off Retail price
20% off Catalog Price
10% off Catalog Price
't p2j'18/rnobfle/index.html
MtttL 6bwmY.,1L§. I L1 11 11___.___.__'_.___
bs / earnwear-, .12
http,Hwww.bsnsports.com/catalogs_bsn/equip-fall/mobile/index.htmi
BSN Sports Products are identified in our catalog with a black star icon next to the product code.
BSN SPORTS catalog branded products are products distributed by BSN from a manufacturer such
as Wilson, Spalding, Rawlings, etc.
Signing Bonus — One time to assist City of South Bend, $1000 in free Nike product at catalog price.
Shipping: The purchases will include 5% freight charges on all orders utilizing FedEx ground
shipment. Overnight or large items requiring truck shipments will be priced separately.
Appendix A
Please use the following table to provide sample apparel cost estimates:
Product Price Qty. Discount/if applicable
.100% Cotton t-shirt $5.75 ? 24-48
}
Dri fit performance tee ! $8.00 24-48
I
100% Cotton Polo $12.00 No min.
Dri fit performance polo $29.99 ' No min
Nike Brand
Full Zip Fleece Jacket $32,00 l No min
Sweatshirt $14.00 24-48
=. $29.00 Nike i
Hoodie $25.00 24-48
$34.00 Nike
Addition of logo to employee . $7 Embroidery no min.
provided article of clothing
BSN SPORTS
PO SOX 7726
DALLAS, T)C 75209-0726
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an
explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT
ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY
PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF )
SS:
M "S COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to induce anyone to refrain from
bidding, and that this bid is made without reference to any other bid and without any
agreement, understanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons, firms, or corporation has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on
account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any
of its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency
or instrumentality -of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from tune -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
101 Page
BQN SpOiI i'G
PO BOX 7726
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, not
retain any employee or contract with a parson that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/shelit shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E-Verify
Program as defined by I.C. 22-5-1,7-3. Contractor's documentation of enrollment and
participation in the E-Verify Program is included and attached as part of this bid/quote;
and
5. Contractor shall require his/her/its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract with
an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E-Verify Program, The Contractor agrees to maintain
this certification throughout the term of the contract with the City of South Bend, and
understands that the City may terminate the contract for default if the Contractor fails to
cure a breach of this provision no later than thirty (30) days after being notified by the
city.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a
contract by the City of South Bend through its agencies, boards, or commissions shall not
discriminate against any employee or applicant for employment in the performance of a
City contract with respect to hire, tenure, terms, conditions, or privileges of employment,
or any matter directly or indirectly related to employment because of race, sex, religion,
color, national origin, ancestry, age, gender expression, gender identity, sexual orientation
or disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment,
materials, or any combination of the foregoing including, but not limited to, public works
contracts awarded tinder public bidding laws or other contracts in which public bids are
not required by law, the City, its agencies, boards, or commissions may consider the
Contractor's good faith efforts to obtain participation by those Contractors certified by the.
State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise.
("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seelcing the award of a City contract be requited to
award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against
said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE
Utilization Board shall prohibit that person or entity from being awarded a City contract
for a period of one (1) year from the date of such determination, and such determination
may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains,
111 p a g e PO BOX 7726
DALLAS, YX 75209-0726
C)44A&1,'A�.,A,9, 7,�?09
7The undersigned conhow agays Mat dU2
corruninlieni Shall lie madc ;i poN oCany contract %vhich it may henceWh enter into %vidl
the My Mmah Rend, Indiana or any or in ngwwks boarcls, ow corrunkskuns.
( '.'on(ractor a'�vccs not I() di""�rimirllitc agan i�;t or intinlidiltv usly ernployce oa r pplicant l'or
�:Illlflo��Ioclu. I]) tier: pQrForninucc ol' this contrzicL with privilege" of k'jnllloynvurfl' or "Iny
Ill'attv'r directly or ind4ectly related U) ernploymenl, twause of* f-aico, refigj(in, co for Se,\j
kmidcr expressiojq gendw- WuHy, sexual AcnWom hwidilay na6mull oHgh or
Breach of,this provision juay be wVvIded ow nmWAN hrowh of
I. the undersigned bidder to agent w; conknoor cm at public vmmts projecl, L"Mummund m,,,,
�*H1010r)' obligaficms lo To we of swol pnwhids or W&Y pnxhwis nuadc in the thiled
Sim (W 5.16.611 1 homby c"OQ4hat I and all mlbomhumm- employed by me lor
this pipicel W1 use swel pmducB or Rwndry pwducts made in Ole I Inited Statc'.; earl [his
Qmt TawardaL I undomiand I have an aflimmoive dwy to mAy to (11 in my hW (Nil
nly 1"woposal docns n(d include tile use of'swel produc+' air l'(njjjdj.)jl.aa`rtcltict�111'WIC in the
I.JnAecl Swle�;. I understa-nd it is my sole olAigation :.guar reWNSAW to fumide it
Ju,"tilk"ation lo the ("ity_SUl-)jCd to reviov and appnwal, why Cho com o['I jniwd Stal.e""' made
8wcl ear lbundq pros win is urveimurrah1c. 10-ior (o wvard and 11pon submission of hid
%vhich doos not une steel prodwis or Amindry parr( UCIS 0111dC in (lie Uniled `).tarter. the City,
TRnTh its director ol'pubk workm W rain e as doomhmdon inhe pricer ortkdwd Sms
nu0c Mod or Gundry, is unrcasOnahlo. I LH1dCFSl,'H)d lh;It ViOla-6011:-; k0rQLIndeV Ina y result
I 110-Chy Ulfifill WILIC11he p)Crialncs (4peiJuty Ilml the and hAN"miNn conmhcd W No Owping bid
(01- JILINiC wN kwks avv, JFI'W all(l
Dated this day ol'&Ay 1-- 20
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Veri"f
Company ID Number: 491633
THEE VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and RW 5uoirts (Employer) regarding the Employer's
participation in the Employment Eligibility Verification Program (E-Verify). This MOIL explains
certain features of the E-Verify program and enumerates specific responsibilities of DHS, the
Social Security Administration (SSA), and the Employer, E-Verify is a program that electronically
confirms an employee's eligibility to work in the United States after completion of the
Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-
Verify Is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts or to verify the entire workforce If the contractor so
chooses.
Authority for the E-Verify program is found In Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), pub. L, 104-208, 110 Stat. 3009, 'as
amended (8 U.S.C. § 1324a note), Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22,18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of
certain employees working on Federal contracts is also found in Subpart 22,18 and in Executive
order 12989, as amended.
ARTICLE Il
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer to
confirm the accuracy of Social Security Numbers provided by all employees verified under this
MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E Verify program, SSA agrees to provide
the Employer with names, titles, addresses, and telephone numbers of SSA representatives to
be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such Information, as Is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
Pape i of 13 i E•Verify MOU for Employer I ReyWan Date UU101M www.dhs.gov1E-Ver1fy
8SN SPORTS
PO BOX 7726
DALLAS, TX 75209-0726'
Veri" f
y
Company ID Number: 491633
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S,C. 1306(a)), and SSA
regulations (20 CFR Part401).
4. SSA agrees to provide a means of automated verification that is designed (in conjunction with
DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation' of
U.S. citizens' employment eligibility within 3 Federal Government workdays of the Initial Inquiry.
5. SSA agrees to provide a means of secondary verification (Including updating BSA records as
may be necessary) for employees who contest SSA tentative nonconfirmations that is designed
to provide final confirmation or noncon%rmation of U,S. citizens' employment eligibility and
accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work
days of the date of referral to SSA, unless SSA determines that more than 10 days maybe
necessary. In such cases, BSA will provide additional verification instructions.
S. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of BSA records for employees through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E Verify program. DHS agrees to provide
the Employer names, titles, addresses, and telephone numbers of DHS representatives to be
contacted during the E-Verify process.
3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify
Web browser, instructional materials on E-Verify policies, procedures and requirements for both
SSA and DHS, including restrictions on the use of E Verify. DHS agrees to provide training
materials an E-Verify.
4. DI -IS agrees to provide to the Employer a notice, which indicates the Employer's participation
In the E-Verify program. DHS also agrees to provide to the Employer anti -discrimination notices
issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices
(OSC), Civil Rights Division, U.S. Department of Justice.
5, DHS agrees to issue the Employer a user identification number and password that permits
the Employer to verify Information provided by employees with DHS's database.
6. DHS agrees to safeguard the Information provided to DHS by the Employer, and to limit
access to such information to Individuals responsible for the verification of employees'
employment eligibility and for evaluation of the E-Verify program, or to such other persons or
entitles as may be authorized by applicable law. Information will be used only to verify the
accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and
Page Z of 13 1 &Ver€fy MOU for Employer I Revision Date 00/01/09 www.dhs.gov/E-Verify
BSN SPORES
PO BOX 7726
DALLAS, TX 75209-0726
y
Company ID Number; 491633
Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting
requirements.
7. DHS agrees to provide a means of automated verification that is designed (in conjunction
with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (Including updating DHS records as
may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -
match tentative nonconfirmations that Is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS In a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
4, The Employer agrees that any Employer representative who will perform employment -
verification queries will complete the E-Verify Tutorial before that Individual initiates any queries..
A, The Employer agrees that all Employer representatives will take the refresher tutorials
initiated by the E-Verify program as a condition of continued use of E Verify.
B. Failure to complete a refresher tutorial will prevent the Employer from continued use
of the program.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
• if an employee presents a "List B" Identity document, the Employer agrees to only
accept "List B" documents that
contain a photo. (List B documents Identified In 8 C.F.R. § 274a.2(15)(1)(13)) can be
presented during the Form 1-9
process to establish identity.) If an employee objects to the photo requirement for
religious reasons, the Employer
should contact E-Verity at 888-464-4218.
If an employee presents a DHS Form 1-651 (Permanent Resident Card) or Form 1-706 .
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo
Page 3 of 131 E-Verify MOU for Emptoyer I Revision Date 09101109 www.dhs.gov/E-Verify
DSN SPORTS
PO BOX 7726
DA;I LAS, TX 75209-0726
�� � rvrrl r Mrt��V
Company ID Number: 491633
and written information, The employer will use the photocopy to verify the photo and to
assist DHS with its review of photo non -matches that are contested by employees, Note
that employees retain the right to present any List A, or List l3 and list C, documentation
to complete the Form 1-9. DHS may in the future designate other documents that
activate the photo screening tool.
6. The Employer understands that participation In E-Verify does not exempt the Employer from
the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to
its employees, or from other requirements of applicable regulations or laws, including the
obligation to comply with the antidiscrimination requirements of section 2748 of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable, by
reason of the Employer's participation in E-Verify; (1) Identity documents must have photos, as
described In paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if It obtains confirmation of the identity and employment eligibility of
the Individual In good faith compliance with the terms and conditions of E-Verify; (3) the
Employer must notify DHS If it continues to employ any employee after receiving a final
nonconfirmation, and Is subject to a civil money penalty between $560 and $1,100 for each
failure to notify DHS of continued employment following a final nonconfirmation; (4) the
Employer Is subject to a rebuttable presumption that it has knowingly employed an unauthorized
alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after
receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or
criminally liable under any law for any action taken in good faith based on information provided
through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify
systems compliance inspections during the course of E-Verify, as well as to conduct any other
enforcement activity authorized by law.
7. The Employer agrees to Initiate Verify verification procedures for new employees within 3
Employer business days after each employee has been hired (but after the Form 1-9 has been
completed), and to complete as many (but only as many) steps of the E-Verify process as are
necessary according to the E»Verify User Manual, or In the case of Federal contractors with the
FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is
prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day
time period is extended until it Is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. Employers may
initiate verifications by notating the Form 1-9 In circumstances where the employee has applied
for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided
that the Employer performs an E-Verify employment verification query using the employee's
SSN as soon as the SSN becomes available.
a. The Employer agrees not to use E»Verify procedures for pre -employment screening of job
applicants, In support of any unlawful employment practice, or for any other use not authorized
by this MOU. Employers must use E-Verify for all new employees, unless an Employer Is a
Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as
provided in Article 11.13, the Employer will not verify selectively and will not verify employees
hired before the effective date of this MOU, The Employer understands that if the Employer
Page 4 of 131 E^Verify MOU for Employer I Revision (late 09101!{19 www.dh9.gov1E-Ver1fy
BSN SPORTS
PO BOX 7726
DALLAS, TX 75209-07-76
W
Company ID Plumber: 491633
uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer
may be subject to appropriate legal action and termination of its access to SSA and DHS
Information pursuant to this MOU.
U. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, Including notifying employees in private of the finding and providing
them written notice of the findings, providing written referral instructions to employees, allowing
employees to contest the finding, and not taking adverse action against employees If they
choose to contest the finding. Further, when employees contest a tentative nonconfirmation
based upon a photo non -match, the Employer is required to take affirmative steps (see Article
III.B. below) to contact DHS with information necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
emp[oyee's perceived employment eligibility status while 88A or DHS is processing the
verification request unless the Employer obtains knowledge (as defined In 8 C.F.R. § 274a.1(1))
that the employee Is not work authorized. The Employer understands that an Initial Inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonoonfirrnation, a case In continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non -match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work In poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she Is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been Issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non -match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call EVerify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2516 (TI3D).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274E of the INA, as applicable, by not discriminating unlawfully against any Individual in hiring,
firing, or recruitment -or referral practices because of his or her national origin or, in the case of a
protected Individual as defined in section 27413(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such Illegal practices can include selective
verification or use of E Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
rionconfirmations. The Employer further understands that any violation of the unfair Immigration -
related employment practices provisions in section 274B of the INA could subject the Employer
to civil penalties, back pay awards, and other sanctions, and violations of Title Vll could subject
the Employer to back pay awards, compensatory and punitive damages. Violations of either
section 2748 of the INA or Title VII may also lead to the termination of its participation In E-
Page 5 of 13 1 E-Va ft MOU for Employer I Revision Date 09l01109 www.dhs.gov/E-Verify
BSN SPORTS
PO 13OX 7726
DALLAS, TIC 75209-0726
Verif too
Y
Company ID Number, 491633
Verify. If the Employer has any questions relating to the anti -discrimination provision, It should
contact OSC at 1-800-256-8155 or 1-800-237-2615 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form 1-9 or
to print the screen containing the case verification number and attach it to the employee's Form
1-9.
13. The Employer agrees that It will use the information It receives from SSA or DHS pursuant
to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized
by this MOU, The Employer agrees that it will safeguard this information, and means of access
to It (such as PINS and passwords) to ensure that It is not used for any other purpose and as
necessary to protect its confidentiality, Including ensuring that it is not disseminated to any
person other than employees of the Employer who are authorized to perform the Employer's
responsibilities under this MOU, except for such dissemination as may be authorized in advance
by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA Is governed by
the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),
and that any person who obtains this information under false pretenses or uses it for any
purpose other than as provided for In this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, Including by permitting DHS and SSA, upon reasonable notice, to review
Forms 1-9 and other employment records and to Interview it and Its employees regarding the
Employers use of E-Verify, and to respond In a timely and accurate manner to DHS requests
for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE
1. The Employer understands that if it Is a subject to the employment verification terms
in Subpart 22.18 of the FAR, It must verify the employment eligibility of any existing employee
assigned to the contract and all new hires, as discussed In the Supplemental Guide for Federal
Contractors. Once an employee has been verified through E-Verify by the Employer, the
Employer may not reverify the employee through E-Verify.
a. Federal contractors with the FAR E-Verify clause agree to become familiar with and
comply with the most recent versions of the E Verify User Manual for Federal Contractors and
the E-Verify Supplemental Guide for Federal Contractors.
b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for
Federal contractors with the FAR E-Verify clause.
c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract
award; An Employer that Is not enrolled in E-Verify at the time of a contract award must enroll
as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of
contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of
employment eligibility of new hires of the Employer who are working in the United States,
Page 6 of 13 1 F-Verify MOU for Employer I Revision Date 49/01109 www.dhs.govJE-Verify
8SN SPORTS
PO BOX 7726
IC)ALLAS, TX 752_09-0726
W����.c�cc•�
-Verify.--
Company ID Number: 491633
whether or not assigned to the contract. Once the Employer begins verifying new hires, such
verification of new hires must be Initiated within 3 business days after the date of hire. Once
enrolled In E-Verify as a Federal contractor with the FARE Verify clause, the Employer must
initiate verification of employees assigned to the contract within 90 calendar days from the time
of enrollment in the system and after the date and selecting which employees will be verified in
E-Verify or within 30 days of an employee's assignment to the contract, whichever date Is later.
d. Employers that are already enrolled in E-Verify at the time of a contract award but are
not enrolled in the system as a Federal contractor with the FAR E-Verify clause; Employers
enrolled In E-Verify for 90 days or more at the time of a contract award must use E Verify to
Initiate verification of employment eligibility for new hires of the Employer who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of
hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verity .
clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E-
Verify clause withln 30 days after assignment to the contract. If the Employer is enrolled in E-
Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use EVerify to initiate verification of new hires of the contractor
who are working In the United States, whether or not assigned to the contract, Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor with the FAR E-Verify clause In E-Verify must initiate
verification of each employee assigned to the contract within 90 calendar days after date of
contract award or within 30 days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors with the FAR E-Verify clause that are Institutions of higher education (as
defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized
Indian tribes, or sureties performing under a takeover agreement entered into with a Federal
agency pursuant to a performance bond may choose to only verify new and existing employees
assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may,
however, elect to verify all new hires, and/or all existing employees hired after November 6,
1986. The provisions of Article II.C1, paragraphs 1.a and 1.b of this MOU providing timeframes
for initiating employment verification of employees assigned to a contract apply to such
Institutions of higher education, State, local and tribal governments, and sureties,
f. Verification of all employees: Upon enrollment, Employers who are Federal contractors
with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees
working in the United States who were hired after November 6, 1986, instead of verifying only
new employees and those existing employees assigned to a covered Federal contract. After
enrollment, Employers must elect to do so only in the manner designated by DHS and Initiate E-
Verify verification of all existing employees within 180 days after the election.
g. Form k9 procedures for existing employees of Federal contractors with the FAR E-
Verify clause; Federal contractors with the FAR E-Verify clause may choose to complete new
Forms 1-9 for all existing employees other than those that are completely exempt from this
process. Federal contractors with the FAR E-Verlfy clause may also update previously
completed Forms 1-9 to initiate E-Verify verification of existing employees who are not
completely exempt as long as that Form 1-9 is complete (Including the SSN), complies with
Page 7 of U I E Vorlfy MOU for Employer I Revision Date 09101109 www.dhs.gov/E-Vorify
8SN SPOR713
PO BOX 7726
D ALLAS, T, 75209-0726
y
Company ID Humber: 491633
Article ILC.S, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Fontn 1-9 either in person or in communications with the
employee to ensure that the employee's stated basis In section 1 of the Form 1-9 for work
authorization has not changed (Including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1-9 contains no SSN or Is otherwise Incomplete,
the Employer shall complete a new 1-9 consistent with Article 11.0.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S, passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article 11.C.5, subject to any additional or superseding instructions
that may be provided on this subject In the Supplemental Guide for Federal Contractors,
Nothing in this section shall be construed to require a second verification using E-Verify of any
assigned employee who has previously been verified as a newly }tired employee under this
MOU, or to authorize verification of any existing employee by any Employer that Is not a Federal
contractor with the FAR E-Verify clause,
2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its
compliance with this MOU is a performance requirement under the terms of the Federal
contract or subcontract, and the Employer consents to the release of information relating to
compliance with its verification responsibilities under this MOU to contracting officers or other
officials authorized to review the Employer's compliance with Federal contracting requirements.
ARTICLE 11
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print
the notice as directed by the E-Verify system and provide it to the employee so that the
employee may determine whether he or she will contest the tentative nonconfirmation. The
Employer must review the tentative nonconfirmation with the employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the automated
system based on a tentative nonconfirmation, and only after the Employer records the case
verification number, reviews the input to detect any transaction errors, and determines that the
employee contests the tentative nonconfirmation. The Employer will transmit the Social Security
Number to SSA for verification again if this review Indicates a need to do so. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it,
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the
employee with a system -generated referral letter and Instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
Page 8 of 13 1 F—Wrify MOU for Employer I Revision Dale 09/01/09 www.dlis.gov/E-Verify
PO BOX 7726
DALLAS,1X 75209-0726
Y
Company ID Number: 491633
determines that more than 10 days is necessary. The Employer agrees to check the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Number database (the Numident) or other written verification of the Social Security Number
from the SSA.
S. REFERRAL. TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DNS, the Employer must print
the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the
employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in
private,
2. If the Employer finds a photo non -match for an employee who provides a document for which
the automated system has transmitted a photo, the employer must print the photo non -match
tentative nonconfirmation notice as directed by the automated system and provide It to the
employee so that the employee may determine whether he or she will contest the finding. The
Employer must review the tentative nonconfirmation with the employee In private.
3. The Employer agrees to refer Individuals to DHS only when the employee chooses to contest
a tentative nonconfirmation received from DHS automated verification process or when the
Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives It.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through -its
toll -free hotline (as found on the referral letter) within 8 Federal Government work days,
5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a
photo non -match, the Employer will send a copy of the employee's Form 1-651 or Form 1-766 to
DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (paid for at
employer expense).
7. If the Employer determines that there is a photo non -match when comparing the photocopied
List B document described in Article 11.0.5 with the image generated in E-Verify, the Employer
must forward the employee's documentation to DHS using one of the means described in the,
preceding paragraph, and allow DHS to resolve the case.
Page 4 of 13 1 E-Verify MOU for Employer I Revision Date 0910110D www.dhB.cgov/E.Verify
BSN SPORTS
ISO BOX 7726
LiALLAS, TX 75209-0726
Company 1D Number. 491633
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access E-
Verify, an Employer will need a personal computer with Internet access,
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long
as the SSA and DHS conduct the EVerify program unless modified In writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and ail system enhancements to the E-Verify program by DHS or SSA, Including but not
limited to the E-Verify checking against additional data sources and Instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that oullines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual, the E-Verify User Manual for Federal Contractors or the E Verify Supplemental Guide
for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require
employers to taste mandatory refresher tutorials. An Employer that Is a Federal contractor with
the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its
participation in E Verify is terminated or completed, In such a circumstance, the Federal
contractor with the FAR E*-Verify clause must provide written notice to DHS. If an Employer that
is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer
will remain a participant in the E Verify program, will remain bound by the terms of this MOU
that apply to participants that are not Federal contractors with the FAR E»Verify clause, and will
be required to use the E-Verify procedures to verify the employment eligibility of all newly hired -
employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor with the FAR I_ -Verify clause, termination
of this MOU by any party for any reason may negatively affect Its performance of its contractual
responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
Page 10 of 13 1 E-Verify MOU for Employer I Revision Date 09101M www.dho.govlE-Verify
BSN SPORTS
PO BOX 7726
DALLAS, TX 7.5209-0726
Y
Company ID Number: 491633
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising out
of or related to EVerify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
H. The Individuals whose signatures appear below represent that they are authorized to enter
into this MOU on behalf of the Employer and DHS respectively.
Page 11 of 13 i E Verily MOU for Employer i ReWslon Date MUM www.dhs.gov/E.Verify
BSN SPORTS
PO BOX 7726
DALLAS, TX 75209-0726
Company Ill Number: 491633
To be accepted as a participant in E Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E Verify at 888464-4218.
Employer RSN Sports
echel[ GoteHi
ama.(Please Type or PrintTitle
lectronfcall Sl ne
0111812012
gnatura
ate
Department of Homeland Security — Verification Division
CIS Verification Division
Name (Please Type or Print)
Electronically Signed
Tiller
01M812012
Signature
Dato
Information Required for the ErVerify Program
Information relating to your Company:
Company Name:
BSN Sports
C o"any Fadlity Address:
991 Diplomat Dr
Farmers Branch, Tat: 75234
Company Alternate
Address.
County or Parish:
DALLAS
Employer Identifloatfon
Number:
22796073
Page 12 of 131 E Veft MOU for Employer I Revision Bate Ei9lWN www.dhs.gov1E Verify
BSN SPORTS
PO BOX 779-6
DALLAS. TX 75209-0726
E - Ve r i F
Company ID Number: 491633
North American Industry
Classifeation Systems
Code:
339
Administrator:
BSN Sports, Inc.
Number of Em la ees:
600 to 999
Number of Sites Verlfied
for:
2
Are you verifying for more titan X SUO If yes, please provide the number of sites verified for
n each State;
• TEXAS 12 slte(s)
Information relating to the Program Administrator.(s) for your Company on policy
questions or operational problems.,
Name;
A-10chell Gotelli
Telclihone Number:
(972) 406 - 7187 Fax Nmnbcr: (972) 406 - 3461
Franail Address:
MOW', lot
Drama
1CyIa Comonds
TeloplfouoNumber.
(972)406-7184 Fax Number; (972) 406- 3467
E-mnitAddress:
kedmondsCoportsupplygroup.com
Name:
Lim. Plcrco
T'olephoae Number:
(972) 884 - 7230 FaxNumber: (972) 406 - 3467
1wrnaif Address:
1pleree@bsosparfs.com
Page 13 of 131 E-Verify MOU for Employer I Revision Date 691011U9 Www.dhs.gov/E.Verify
RSN SPORTS