1-26-084 Dietician Services RFP Final.pdf

Request for Proposal (RFP)

#26-084 Dietitian Services For: Walworth County Lakeland Health Care Center

Schedule of Events

This schedule is in local time and is provided for your information and planning purposes. Although every effort will be made to follow this schedule, we reserve the right to modify the dates as necessary.

Contact Information Purchasing Agent: Melissa Rompesky, Senior Buyer Address: Walworth County Purchasing

100 W. Walworth Street Elkhorn, WI 53121

Proposal Issued: July 16, 2026

Questions Due: August 4, 2026 at 3:00 p.m.

Final Addendum Issued: August 10, 2026

Proposals Due (Closing Time): August 17, 2026 at 10:00 a.m.

Contract Award: September 17, 2026

Anticipated Contract Start: November 1, 2026

Table of Contents

I. POSTING OF SOLICITATION

II. INVITATION

III. BACKGROUND

IV. TERM OF CONTRACT

V. PROPOSER QUALIFICATIONS

VI. SCOPE OF WORK / SPECIFICATIONS

VII. VALUE ADDED SERVICES (VAS)

VIII. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

IX. EXAMINATION OF SITE AND PROPOSAL DOCUMENTS

X. PRE-PROPOSAL MEETING

XI. PROPOSER QUESTIONS / REQUESTS FOR EXCEPTIONS OR CHANGES

XII. PROPOSAL CONTENT AND SUBMISSION

XIII. ELECTRONIC MODIFICATION OF PROPOSAL

XIV. WITHDRAWAL OF PROPOSAL

XV. PROPOSER SUPPLIED DOCUMENTATION / MATERIALS

XVI. EVALUATION CRITERIA

XVII. AWARD

XVIII. CONTRACT

XIX. EMERGENCY SERVICES

XX. ADDITIONAL SERVICES

XXI. SUBCONTRACTING/SUBCONSULTING

XXII. EMPLOYEES

XXIII. WORK HOURS

XXIV. PRICING

XXV. INDEFINITE QUANTITY

XXVI. PRICE ADJUSTMENTS

XXVII. EQUITABLE ADJUSTMENT

XXVIII. INVOICING

XXIX. PAYMENT

XXX. REJECTION

XXXI. DEFICIENCIES

XXXII. ACCEPTANCE

XXXIII. CONFLICT OF INTEREST

XXXIV. “PIGGYBACK” CLAUSE

XXXV. CONTRACT REVIEW

XXXVI. NONDISCRIMINATION / AFFIRMATIVE ACTION

XXXVII. WORK/SITE RULES

XXXVIII. BACKGROUND CHECKS

XXXIX. COMPLIANCE WITH LAWS

XL. INSURANCE REQUIREMENTS

XLI. CANCELLATION

I. POSTING OF SOLICITATION

All Walworth County solicitations are posted on the County’s Bonfire Portal at:

walworthcountywi.bonfirehub.com. To ensure notification of future opportunities with Walworth County, Proposers must be registered. Proposers may register for an account with Bonfire at no charge.

NOTE: Walworth County will make no attempt to contact Proposers with updated information. It is the responsibility of each Proposer to periodically check the portal for all notifications, releases, and addenda associated with this solicitation.

II. INVITATION

Walworth County is accepting sealed, electronic Proposals submitted through the Bonfire Portal from qualified firms for Dietitian Services for Walworth County Lakeland Heath Care Center, hereinafter referred to as the “County,” in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the “Proposer” or “Consultant.”

Sealed, electronic Proposals will be received until 10:00 a.m. local time on August 17, 2026. Late responses will not be accepted. All responses will be recorded by purchasing staff shortly after the deadline.

Consultants having considerable experience in providing Dietitian Services or other closely related projects are invited to participate.

The Purpose of this solicitation is to award a contract to the selected Consultant that can demonstrate that they possess the technical capabilities to provide all of the deliverables required in this RFP within a reasonable project schedule and when considering the thoroughness of the proposal’s project understanding.

III. BACKGROUND

Lakeland Health Care Center (LHCC), located in Elkhorn, Wisconsin, is a 90-bed long-term care facility serving residents through Medicaid, Medicare, and private-pay programs. Dietitian services play a critical role in supporting residents’ health, ensuring appropriate nutritional care, and maintaining regulatory compliance. LHCC’s goal is to meet each resident’s needs accurately, safely, and consistently by collaborating with a licensed Dietitian who will serve in a consultative capacity.

This partnership will guide the facility in implementing systems aligned with clinical best practices, high-quality resident care, and all dietary-related regulatory requirements. The selected vendor will work closely with LHCC staff to ensure that all resident dietary needs are met.

IV. TERM OF CONTRACT

A contract will be awarded to the successful Proposer. The term of the contract will commence on or about November 1, 2026 and shall be for a period of two (2) years, with an option to extend for three

(3) additional one (1) year periods, under the same terms and conditions, and by mutual consent of both parties.

V. PROPOSER QUALIFICATIONS

Proposer’s responding to this Proposal must meet the following qualifications:

https://walworthcountywi.bonfirehub.com/projects

1. Have a record of performance with reasonable financial support, personnel and organization to ensure that they can satisfactorily execute the service required and specified herein if awarded. Proposers who have failed to perform in the past may not be considered for award.

2. Possess a minimum of three (3) year of verifiable experience in providing services as specified.

Experience should include accounts equal or larger in size and scope of this request.

3. Be properly licensed to do business in the State of Wisconsin, which includes being registered with the Wisconsin Department of Financial Institutions (DFI) if respondent is required to be registered. If respondent is not required to be registered with DFI, provide supporting reasoning in comments.

4. May not be debarred from conducting business with the State of Wisconsin or Federal Government with the effective dates of this project.

5. In accordance with DHS 132.13(5), Dietitian must be certified under s.448.78 Stats OR be licensed or certified as a Dietitian in another state.

VI. SCOPE OF WORK / SPECIFICATIONS

1. Scope of Work:

The County is interested in partnering and contracting with an experienced Consultant to provide Dietitian Services for Lakeland Health Care Center located at 1922 County Road NN in Elkhorn, Wisconsin. The selected Consultant will work directly with LHCC staff.

2. Specifications:

A. Deliverables

1. Provide approximately 32 hours of Clinical Dietitian services per month. One eight-hour day on-site per month is preferred.

2. Provide accurate, timely resident nutrition assessments, care plans, QAPI reports, and nutritional counseling.

3. Submit required monthly reports and maintain complete documentation onsite.

4. Ensure services comply with all applicable regulations.

B. Dietitian Tasks

1. Complete medical nutrition assessments and develop or update care plans per facility policy.

2. Review residents identified as high-risk under facility criteria and regulatory guidance.

3. Document resident interactions and assessments according to professional standards.

4. Provide nutritional counseling to residents and/or legal representatives.

5. Participate with the interdisciplinary team for admissions, significant changes, annual reviews, monthly weights/wounds meetings, and quarterly care planning.

6. Offer in-service nutrition education to staff upon request.

7. Participate in licensure/certification surveys when dietitian input is required.

8. Review and approve dietary service operations, policies, and menu changes in coordination with the Food & Nutrition Services Supervisor/Manager.

9. Maintain a documented Quality Assurance program addressing training, regulatory compliance, invoice accuracy, and service quality.

10. Provide monthly recommendations and updates to the Director of Nursing and Nurse

Manager(s).

11. Ensure licensure compliance and adherence to all State and Federal requirements for dietitian services.

C. Performance Requirements

1. Consistent, timely attendance for scheduled on-site service days and meetings.

2. Accurate, timely, and complete documentation.

3. Effective communication with facility staff and interdisciplinary teams.

4. Compliance with clinical standards and regulatory requirements.

VII. VALUE ADDED SERVICES (VAS)

Proposer shall detail any value-added services your company offers that go beyond the standard service scope outlined in this RFP. Specifically, describe how these additional services can enhance the County’s operational efficiency, improve experience, and provide measurable benefits to the County. The County understands these services may be an additional cost but would like to be aware of additional services that are offered. Be sure to clearly explain the cost structure associated with each proposed value-added service in the Cost Proposal and how they will be implemented and supported.

VIII. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Request for Proposal (RFP) by reference. Standard Terms and Conditions are available on the internet, under the Purchasing Division on the Walworth County Home Page or by clicking on the following link:

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-

PDF

Documents are also available, upon request, by contacting the Purchasing Agent listed in this solicitation.

IX. EXAMINATION OF SITE AND PROPOSAL DOCUMENTS

Proposer is required to carefully examine the Request for Proposal, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the Proposer has investigated and is satisfied as to the requirements of the RFP documents. It is mutually agreed that the submission of a Proposal shall be considered as conclusive evidence that the Proposer has made such examination and is satisfied as to all the conditions and contingencies.

Pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the services under this RFP as a result of failure to make the necessary examinations and investigations will NOT be accepted as:

• An excuse for any failure or omission on the part of the Proposer to fulfill, in every detail, all of the requirements of the RFP, or

• As a basis for any claims whatsoever for extra compensation, or

• For an extension of time.

All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished to complete these types of services will be furnished at Proposal pricing and shall conform in quality, workmanship and service to those usually provided by the practice as specified in this RFP.

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

X. PRE-PROPOSAL MEETING

A pre-proposal meeting is not scheduled for this RFP. Interested proposers should inspect this request document. Any questions or request for clarifications as outlined in Section XI. Proposer Questions / Requests for Exceptions or Changes.

XI. PROPOSER QUESTIONS / REQUESTS FOR EXCEPTIONS OR CHANGES

Proposers should request interpretation or correction of any ambiguity, inconsistency, or error in RFP requirements.

Consideration will be given to a Proposer’s request for a change if any of the terms and conditions of this RFP are not in full accord, or if changes, alterations, additions or deductions are necessary for your firm to be compliant with the specifications and submit a response. Any requests for changes, clarifications, etc., must be submitted in writing using the “Messages” feature under this Project in Bonfire at: https://walworthcountywi.bonfirehub.com/opportunities/261677.

Questions must be received no later than August 4, 2026 at 3:00 p.m. You will not be able to initiate messages to the Buyer after this time.

Unauthorized Proposer contact regarding this RFP with any County employee may result in disqualification of Proposal. Any oral communication will be considered unofficial and non-binding.

Proposers shall rely only on written addenda issued for this opportunity.

Any changes made as a result of a written request will be issued via addendum and will be posted to the Bonfire Portal. Proposers are responsible for monitoring Bonfire Portal. Each addendum forms an integral part of this RFP and contains important information which may include significant changes to this RFP. Proposers are responsible for obtaining all addenda issued by the County prior to the opening date. The County will make no attempt to contact proposers with updated information.

XII. PROPOSAL CONTENT AND SUBMISSION

Proposers, by submitting a response to this RFP, certify and agree to meet all the requirements as stated herein. A Proposer must state in their response if they are unable or unwilling to meet any requirement. Inability or unwillingness to meet any requirement, in part or in whole, may be cause for disqualification. Any exceptions taken by the Proposer must be clearly identified in the proposal.

Proposals shall be irrevocable until Contract award unless the proposal is withdrawn. Proposers may withdraw a response at any time until the submission deadline.

Proposers shall assume full responsibility for ensuring electronic delivery of proposals before the RFP deadline. Proposers should allow sufficient time to complete the electronic submission by the date and time specified.

Walworth County will only accept electronic submittals in response to this RFP. All proposals must be submitted electronically using the Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the proposal collection destination.

1. Proposal Content:

A. Requested Information:

https://walworthcountywi.bonfirehub.com/opportunities/XXXXXX

Group Name Type

Files Requirement

Acknowledgements There are various questions to acknowledge/respond to

N/A Required

Exceptions

Proposer to list any exceptions to the minimum requirements. If none, disregard

PDF (pdf.) 1

Optional - Required only if exceptions are taken

Proposer to list any exceptions taken to the terms and conditions of the contract. If exceptions are taken, cite the page number, the paragraph involved, the exception taken, and state alternative language acceptable to the Proposer. If none, disregard

PDF (pdf.) 1

Optional - Required only if exceptions are taken

Cost Proposal

Proposed Pricing (BT-17MZ) BidTable:

Datatable

1 Required

Value Added Services PDF (pdf.) 1

Optional - Required only if Value Added Services are Proposed

Technical Proposal

Proposer Response Questionnaire:

Excel (.xlsx)

1 Required

Proposer will subcontract part of this award? If Yes, complete and upload List of Subcontractors document.

Text N/A Required

Group Name Type

Files Requirement

List of Subconsultants/Subcontractors PDF (.pdf) 1

Optional – Required only if subcontractors are used

Value Added Services, provide information regarding value added services included with the response, if applicable.

PDF (pdf.) 1

Optional - Required only if Value Added Services are Proposed

Attachment B – Form 1-420-A W-9, Request for Taxpayer Identification Number and Certification

PDF (.pdf) 1 Required

Staff Resumes PDF (.pdf) 1 Required

Credentials & Licensing – Submit required licensed dietitian credentials per Wis. Stat. 448.78 and DHS 132.13(5)

PDF (.pdf) 1 Required

B. Response templates and/or forms are available for downloading on the Bonfire Portal at:

https://walworthcountywi.bonfirehub.com/opportunities/241677

i. Requested Document(s):

Provide all documents as listed in the Requested information.

ii. Requested Questionnaire:

Questionnaire(s) can be obtained from the above linked project.

iii. Requested Bid Table:

Complete the Bid Table online in the browser. The Bid Table can be completed any time during submission; however, it must be completed all at once to submit and finalize.

Edits may be made to the submission before the due date. Please note that Bid Table may take a significant amount of time to prepare.

2. Proposal Submission:

A. Upload proposal submission at:

https://walworthcountywi.bonfirehub.com/opportunities/241677

i. Bonfire Submission Guidelines:

(1) Provide all documents as listed in Item A. Proposal Content of this section.

(2) Some response forms are available for downloading on the Bonfire Portal by using the link provided above.

(3) Note the types of files allowed. The maximum upload file size is 100 MB.

https://walworthcountywi.bonfirehub.com/opportunities/XXXXXX https://walworthcountywi.bonfirehub.com/opportunities/241677X

(4) Do not embed any documents within your uploaded files as they will not be accessible or evaluated

(5) Uploading large documents may take significant time, depending on the size of the file(s) and Internet connection speed.

(6) Use Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled.

(7) The County is not responsible for any delays associated with the electronic submission of proposals through Bonfire Portal.

(8) Need Help? The County uses the Bonfire Portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. Respondents can also visit the Bonfire help forum at https://help.eunasolutions.com/hc/en-us.

ii. Respondents will receive an email confirmation receipt with a unique confirmation number once submission is finalized.

iii. Proposers may withdraw a response at any time until the submission deadline.

iv. Proposals may not be transmitted orally, in person, by mail, email, or fax machine.

v. All proposals shall be valid for a period of ninety (90) days after the scheduled time of closing. Proposals shall remain firm and may not be withdrawn during this ninety (90) day period.

vi. All Proposers, by submission of a response, agree to abide by the rules, regulations, and procedures of the County.

vii. Proposals will only be visible to the County after the Proposal Deadline.

XIII. ELECTRONIC MODIFICATION OF PROPOSAL

Proposals may be modified electronically using the Bonfire Portal provided such modification is made prior to the closing time for receipt of proposals.

XIV. WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn electronically using the Bonfire Portal provided such withdrawal is made prior to the closing for receipt of proposals.

XV. PROPOSER SUPPLIED DOCUMENTATION / MATERIALS

All material submitted by the Proposer in response to this request, become the property of Walworth County. The County is a unit of local government obligated to comply with Wisconsin’s Public Records Law, Wisconsin Statutes secs. 19.31 through 19.39. The presumption under the law is that public records shall be open to the public unless there is a clear statutory exception, unless there exists a limitation under the common law, or unless there is an overriding public interest in keeping the public record confidential. As such, proposers should assume that their submitted proposal will be subject to disclosure under the Public Records Law.

A proposer responding to this request should not include any Confidential Information, proprietary information or protected trade secret(s) as part of its proposal unless the proposer designates the specific information that it maintains is proprietary or trade secret and the reason(s) for such designation in a separate document, and identifies the specific information when it occurs within the proposal.

file://walco.com/walcoshare/Finance/Purchasing/TEMPLATES%20FOR%20PURCHASING/RFP/Support@GoBonfire.com https://help.eunasolutions.com/hc/en-us

The County reserves the right to make determinations of Confidential Information when responding to public records requests and complying with Public Records Laws. Designation(s) of Confidential Information in no way guarantees that designated information will be kept confidential under the provision of the Public Records Law. Simply placing a confidential notice in the header or footer of the submittal does not satisfy the designation requirements. Proposer is not entitled to notification prior to release of information. In no event will price be deemed confidential.

Generally, proposals are available for public review after the County has awarded a contract.

XVI. EVALUATION CRITERIA

The County reserves the right to accept or reject any or all proposals, in whole or in part, received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct discussions with all qualified suppliers in any manner necessary to serve the best interest of the County. The County also reserves the right, in its sole discretion, to award a contract based upon the proposals received without prior discussion or negotiation with respect to those proposals. Proposers are cautioned that proposals should be submitted initially on the most favorable terms.

All proposals will be reviewed by an Evaluation Committee. The evaluation and selection of Proposer shall be in accordance with the requirements of the scope and deliverables of this RFP and the criteria stated below. The recommendation for award shall be made to the responsive, responsible Proposer who complies with the requirements and scores the highest total on the evaluation criteria, which represents the most advantageous overall value for the County, all factors considered.

Technical Proposal

Evaluation Criteria Max Points

General: Extent to which complete proposal elements are submitted.

a. Response is complete and includes all required information

b. Demonstrates a clear understanding of the requirements

c. Sufficient Financial Support

Proposer Firm Qualifications and Experience: Proposer’s firm experience, qualifications and ability in providing services of a similar nature. Extent to which the Proposer has the necessary credentials to provide services as needed.

a. Clinical Dietitian Experience in Long-Term Care

b. Distinctive Competencies

Proposer Team Experience and Resources: Proposer’s staff experience, qualifications and ability in providing services of a similar nature.

a. Credentials & Licensing

b. Staff Resumes

Ability to Meet Scope of Services/Specific Approach: Ability to meet scope of services in compliance with provisions/requirements.

Quality of the proposed services and its ability to meet the project needs.

a. Understanding of Scope/Ability to Meet Requirements

b. Value Added Services

c. Exceptions

Cost Proposal

Evaluation Criteria Max Points

Proposed Cost: The competitiveness of proposed costs will be scored based on the total sum of item one requested in the Proposed Pricing (BT-17MZ) excluding VAS or optional items. The formula used will be as follows:

Lowest Qualified Proposers Cost X 25 = Awarded Points

Proposer(s) Cost Total

XVII. AWARD

Within one hundred and twenty (120) days after the opening of Proposals, award will be made in accordance with the criteria stated above. The successful Proposer(s) shall be required to enter into a contract agreement with the County.

The contract shall be deemed as having been awarded when formal recommendation of award has been approved by the appropriate County authority.

XVIII. CONTRACT

A sample copy of Walworth County’s standard Professional Services Contract is included as Attachment A to this RFP. The County recognizes that standard contract terms may not always be suitable and are open to negotiating and modifying certain terms based on mutual agreement. Any agreement or contract resulting from the acceptance of the Proposal shall be on form(s) either supplied by the County or approved by the County.

XIX. EMERGENCY SERVICES

In the event of an emergency or exigent circumstance, Walworth County reserves the right to purchase the contracted goods/services on the open market. The County may solicit the Consultant(s) under this agreement, non-contracted vendors, or a combination of both based on the nature of the emergency.

XX. ADDITIONAL SERVICES

The County reserves the rights to add, delete or acquire other types of service that the Consultant can provide that are similar to, but not specifically called for in this RFP. Additions or changes to services must be agreed to in writing by all parties.

XXI. SUBCONTRACTING/SUBCONSULTING

Walworth County requires personnel providing services proposed to be directly employed by the Contractor with the exception of when ancillary services are required.

All subcontractors shall be held to the same insurance provisions as noted herein. Additionally, the subcontractor shall comply with all requirements as stated in this specification.

Consultant will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract of any portion therein, or its right, title or interest in, to any person and/or Proposer(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the consultant of liability and obligation under this contract. If subcontractors are used, Walworth County will consider the awarded Proposer to be the Prime Consultant and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such subcontractor arrangements. The Prime Consultant shall be fully responsible for the acts, errors and omissions of the subcontractor.

In the event that a portion or portions of the contract are proposed as subcontracted, the Proposer shall provide a list of intended subcontractors with their proposal. Walworth County shall be the sole judge in determining whether the subcontracted firm or firms are qualified to provide the services as sought. Walworth County reserves the right to reject the proposal if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Consultant must obtain prior approval before using any subcontractors not previously identified in your proposal.

When subcontractors are used in the performance of any of these services, qualified personnel should be utilized to ensure quality workmanship.

XXII. EMPLOYEES

Consultant agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. County shall be entitled to request the removal of individuals working on any contract for any of the following grounds, provided that such request be in writing and shall specify the reasons for the County’s dissatisfaction:

• Unsatisfactory performance that causes negative operational impact at the County or causes the County to commit additional resources to avoid operational impact;

• Dishonesty or belligerent conduct;

• Lack of compatibility with County staff; or

• Violation of County rules or policies.

Upon such written request, the County and Consultant shall decide on a course of action to cure any such problems, provided that there shall be no cure opportunity required for problems involving dishonesty or belligerent conduct or a violation of County rules or policies. In the event Consultant does not cure the problem within seven (7) days from the date of notice, Consultant shall remove such person and shall promptly provide a qualified replacement. The County will be liable for payment of services only up to the time of dismissal and only if services rendered meet the minimum requirements of the County. Consultant must comply with Walworth County’s work/site rules.

Consultant shall comply and accept exclusive responsibility for Consultant’s employee(s) while on Walworth County property.

If for any reason the individuals identified are no longer employed by the firm, or available from the subcontracted firm, the Consultant must notify the County within a reasonable time frame. Consultant is responsible for ensuring that any substitute personnel have comparable skills and experience. The County reserves the right to interview substitute personnel prior to commencement of activity on the project to confirm to County’s satisfaction equivalency of skills and experience.

If any of the Consultant’s employees appears to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on request of the County, and shall not again be re-employed except upon written consent of the County.

XXIII. WORK HOURS

Lakeland Health Care Center hours of operation are Monday through Friday, 7:00 a.m. to 7:00 p.m., excluding holidays and weekends. All other County Departments hours are Monday through Friday 8:00 a.m. to 4:30 p.m., excluding holidays and weekends.

XXIV. PRICING

Pricing for services is an all-inclusive hourly rate. This hourly rate must include all labor, travel, mileage, administrative costs, and associated expenses. No additional fees, surcharges, or supplemental charges of any kind will be permitted outside of the all-inclusive hourly rate.

All costs shall be provided in U.S. dollars.

In the event of a price disparity between the unit and extended price, the unit price shall prevail unless judged obviously in error by Walworth County.

XXV. INDEFINITE QUANTITY

The scope, size, and total dollars to be spent on the services to be performed under this contract are unknown. No guarantee of the actual service requirement is implied or expressed. Proposals that require minimum order quantities or dollar amount shall be disqualified.

XXVI. PRICE ADJUSTMENTS

All labor costs must be firm for the first year of the contract. Thereafter, pricing may be adjusted annually in accordance with the most recent twelve-month percent change of the Consumer Price Index for All Urban Consumers (CPI-U), Medical Care Services Index, Midwest Region (BLS Series CUUR0200SAM2), not to exceed a 3% cap per year. Notification of any requested increase is required in writing to Walworth County from the Consultant a minimum of 30 days prior to the end of each contract year. Walworth County reserves the right to request a decrease based on a downward trend of the aforementioned index. All requested adjustments are subject to County review, negotiation, and written approval, and shall not take effect unless expressly authorized in writing by Walworth County.

XXVII. EQUITABLE ADJUSTMENT

County may, in its sole discretion, make an equitable adjustment in the Contract terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria:

1. The volatility is due to causes wholly beyond the Consultant’s control;

2. The volatility affects the marketplace or industry, not just the Consultant’s source of supply;

3. The effect on pricing or availability of supply is substantial; and

4. The volatility so affects the Consultant that continued performance of the Contract would result in substantial loss.

Any adjustment would require the Consultant to provide irrefutable evidence along with any request for adjustments to contract terms and/or pricing. The County may elect to provide a one-time increase, an increase for a predetermined period or an increase for the remainder of the contract. In the event of any market decreases the Consultant shall in good faith provide the County with reduced pricing.

The County reserves the right to request an equitable adjustment to decrease pricing in the event of a decrease in market pricing.

XXVIII. INVOICING

Consultants shall provide monthly itemized invoices showing date of service detail of service performed, hours worked, hourly rate and total cost for labor.

Original Invoice must be addressed to Walworth County Finance Department-Accounts Payable Division at 100 W. Walworth Street, P.O. Box 1001, Elkhorn, WI 53121, or apsupport@co.walworth.wi.us. Consultant is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

XXIX. PAYMENT

Walworth County’s preference is to pay with a Visa credit card (P-Card). County will not use a P-Card for processing payments if Consultant charges credit card processing fees or sets minimum transaction limits. Proposer should specify in the proposal the method by which payment is to be received.

Payment will be made within forty-five (45) calendar days after acceptance of goods/services and receipt of a properly documented invoice.

XXX. REJECTION

All services performed or goods provided by the Consultant are subject to acceptance by the County based on the conformity to these RFP specifications. In the event the Consultant or its subcontractor were to provide services and/or goods that do not conform to these project specifications and did not gain prior approval from the County, the services and/or goods will be subject to rejection. Rejected services or goods shall be redone or replaced at the expense of the Consultant.

XXXI. DEFICIENCIES

In the event that the County determines that there are deficiencies in the service work provided by the Consultant under the contract, the County shall notify the Consultant in writing as to the precise nature of any such deficiencies. Within ten (10) working days of receipt of such notice, Consultant shall take responsible steps to correct any deficiencies.

XXXII. ACCEPTANCE

Acceptance is defined as acceptance by the County after its authorized agent has confirmed the deliverables to meet the specified requirements. Acceptance will be determined prior to payment of invoices, or in writing if the goods/services require prepayment.

XXXIII. CONFLICT OF INTEREST

All Proposers must disclose with their Proposal, the name of any officer, director or agent who is also an officer or employee of Walworth County. Further, all Proposers must disclose the name of any Walworth County officer or employee who owns, directly or indirectly, any interest in the Consultant’s firm or any of its branches. Failure to disclose this information will result in disqualification of their proposal. The County reserves the right to seek compensation for recoupment of losses in having to re-solicit or re-assign.

XXXIV. “PIGGYBACK” CLAUSE

Common purchasing practices in government include cooperative or "piggyback" purchasing among various units of government or municipalities. This contract will be extended, with the authorization of the Consultant, to other units of government or municipalities at the same prices and/or discounts and terms and conditions. If another unit of government or municipality decides to use this contract, the Consultant must deal directly with the respective unit of government or municipality concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment.

Walworth County acts only as the "Contracting Agency" for those public agencies.

XXXV. CONTRACT REVIEW

Consultant will be required to meet with designated county personnel, on an as-needed basis, to discuss the services that are being provided. Discussions will include an overall quality review, suggestions to improve the efficiency, services to be provided, and any other matters that may affect the contract. It is also the intent of the contract review to identify and implement efficiencies that may reduce the annual cost of the services provided.

XXXVI. NONDISCRIMINATION / AFFIRMATIVE ACTION

In connection with the performance of any work under this request, the Proposer(s) agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), Wis. Stats., sexual orientation as defined in s. 111.32( 13m), Wis. Stats., or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Proposer(s) further agree to take affirmative action to ensure equal employment opportunities. Failure to comply with the conditions of this clause may result in the Proposer(s) becoming declared an ineligible Proposer, termination of the contract, or withholding of payment.

XXXVII. WORK/SITE RULES

Consultant shall comply with Walworth County’s work/site rules. Consultant shall comply and accept exclusive responsibility for each individual employee while on Walworth County property.

XXXVIII. BACKGROUND CHECKS

Consultant shall ensure that employee background checks, consisting of criminal record searches and employment verification, are accomplished and that current records are provided upon request of the County.

All Consultant’s employees seeking access to the Walworth County facilities must pass a more detailed background check performed by the Walworth County Sheriff’s Office. Costs for this background check shall be borne by the County. Consultant shall provide a photocopy of each employee’s driver’s license (or other acceptable identification) at least 72 hours prior to commencement of work.

XXXIX. COMPLIANCE WITH LAWS

Consultant is responsible to comply with all statutory rules and regulations. All applicable federal, state and local laws, rules and regulations governing this type of service will apply and will be deemed incorporated into the contract. These requirements shall be done at Consultant’s expense.

XL. INSURANCE REQUIREMENTS

Every Consultant and parties furnishing services or products to Walworth County, or any of its divisions, must provide evidence of the following minimum insurance requirements prior to execution of the contract. These minimum insurance requirements do not in any way limit the liability assumed elsewhere in the contract. County may require higher limits or other types of insurance coverage(s) as necessary and appropriate. Modifications to the types of coverage, limits and/or other terms should not be made without the approval of the County’s Risk Manager.

Minimum Insurance Limits:

Contractor shall, at its sole expense, maintain the following insurance:

A. Commercial General Liability Insurance including contractual coverage:

The limits of this insurance for bodily injury and property damage combined shall be at least:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products – Completed Operations Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000

B. Commercial Automobile Liability Insurance:

Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined.

C. Workers’ Compensation & Employer’s Liability Insurance:

Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverages are elective in that state.

Employers Liability insurance shall provide limits of not less than $100,000 per occurrence for bodily injury; $100,000 per employee for bodily injury by disease, and $500,000 policy aggregate.

D. Professional Liability/Medical Malpractice*1:

Medical Malpractice insurance for Certified/Licensed Mental Health and AODA Clinics and Providers and Hospital, Licensed Physician or any other participating healthcare provider under Chapter 655 WI. Stat.

Health Care Liability and Injured Patients and Family Compensation (indicate if Claims Made or Occurrence)

$1,000,000 Per Occurrence $3,000,000 Aggregate; or Statutory Limits, whichever is higher

1 Professional Liability and Medical Malpractice are both Errors and Omissions policies. Professional Liability is the general name for insurance that covers any type of professional, and Medical Malpractice is the name for the policy that covers professionals in the medical industry.

Any other non-participating Health Care Provider under Chapter 655 WI.

Stat. Health Care Liability and Injured Patients and Family Compensation (indicate if Claims Made or Occurrence)

$1,000,000 Per Occurrence $3,000,000 Aggregate

Other Professionals $1,000,000 Per Occurrence $1,000,000 Aggregate

*If Contractor’s Professional Liability insurance is underwritten on a Claims- Made basis, the Retroactive date shall be prior to or coincide with the date of this Agreement. The Certificate of Insurance shall state the coverage provided for professional services is on a Claims-Made basis and indicate the Retroactive Date. Contractor shall maintain coverage for the duration of this Agreement and for three (3) years following the completion of this Agreement.

It is also agreed that on Claims-Made policies, either Contractor or County may invoke the tail option on behalf of the other party and that the Extended Reporting Period premium shall be paid by Contractor.

Additional Requirements:

E. Contractor shall require all its contractors and subcontractors performing work related to this contract to carry sufficient minimum insurance to cover liabilities arising from or out of the performance of this contract.

F. When available under the policy, any insurance required above shall: (a) name Walworth County including its directors, officers, employees and agents as additional insureds by endorsement to the policies, and, (b) provide that such insurance is primary coverage with respect to all insureds and additional insureds.

G. All insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against County, its subsidiaries, its agents, servants, invitees, employees, co-lessees, contractors, subcontractors, and their insurers, except where prohibited by law.

H. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance.

I. Contractor shall provide certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall notify County with a thirty (30) days of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement.

J. Coverage must be placed with carriers with a current A. M. Best rating of B ++ or better.

XLI. CANCELLATION

Walworth County reserves the right to cancel any agreement in whole or in part without penalty due to non-appropriation of funds.