11-Appendix A. Contract template.docx

RFQ-2025-004

Tenting Rental Services for the Milwaukee County Zoo

TENTING RENTAL SERVICES CONTRACT

THIS AGREEMENT, by and between Milwaukee County, as represented by its Zoological Gardens (“Zoo”), and _______________________________ (“Contractor”) is entered into on __________________________________. Together, Zoo and Contractor may be referred to as “Party” or “Parties.”

In consideration of the promises below, the parties mutually agree as follows:

ARTICLE I – SCOPE OF SERVICES

Under the direction of the Zoo Group Sales Staff, the Contractor shall specifically perform all of the tasks and achieve the objectives set forth in its proposal; and will deliver, install, service and subsequently provide on-site management of the installation of tenting and required rentals to all scheduled Zoo Group Sales Events. If there is a variance between the Contractor’s proposal and this Contract, the latter shall be controlling, unless otherwise provided for in writing.

A. General Requirements. The proposal and service contract must conform to the scope of services as outlined below.

1. This Agreement begins on April 1, 2026, and ends on March 31, 2027. Agreement shall commence upon acceptance by the County. The parties may mutually agree to extend this contract for three (3) additional 12-month periods.

2. The Contractor shall pay directly to the Zoo a minimum fee of $10,000.00 in consideration for becoming the exclusive Tenting Company to the Zoo for one (1) year, from April 1, 2026 through March 31, 2027.

3. Approved Tenting vendor shall assign a designated account representative to manage/maintain specific zoo events that require tenting, tables & chairs, staging, grills, and additional event rentals in the Zoo’s designated Group Sales Department Picnic Areas, Gathering Place, Flamingo Restaurant and Patio, Lakeview Restaurant, Animal Buildings, and Zoo Grounds. This excludes the Peck Welcome Center, and Zoofari Conference Center.

4. Approved Tenting vendor shall supply, transport, set-up, remove, and maintain the tents and additional rentals for each and every event as required.

5. Approved Tenting vendor shall provide flexible working schedules with various events.

6. Approved Tenting vendor shall be on-site with installation service completed on or before the day prior to the commencement of the event. Tear down of all rentals must occur on the day following the event. Some events have longer lead times and on-site times may vary.

7. At least one supervisor from approved tenting vendor must be on-site with knowledge of placement of tenting, during the set-up and tear down of event to answer questions, to resolve problems or to make any necessary revisions per the discretion of the Contractor and the Zoo’s mutual client. Coordination shall be limited to the client and/or Zoo staff requests only.

8. Approved tenting vendor must conduct daily on-site inspections and required maintenance of tents prior to the opening of an event as requested by the Contractor’s client and/or Zoo staff.

9. Twenty-four (24) hour/seven (7) days per week on-call service is required throughout the contract and during all events. One (1) hour emergency response is required.

10. All tents must be capable of attaching sidewalls. The Approved tent vendor’s inventory must include enough walls to accommodate all tents supplied. Tent wall pricing shall be separated from that of the tent and shall be supplied at the request of the Contractor’s client and or Zoo staff.

11. All tents and installation shall be in accordance with the rules and regulations, as outlined in the Wisconsin Building Code, ILHR Ch. 62-Specialty Occupancies, Sub chapter III – Tents.

12. All tents must be inspected and cleaned prior to the installation. Tents shall be no more than three (3) years old.

13. All tents must be free of tears, holes, or other damage and repaired in a manner that is inconspicuous.

14. An owner identification tag is allowed on the underside of the tent, no larger than 3” x 6”.

15. Signage for exclusivity/sponsorship will be negotiated with designated Zoo Management.

16. Approved tent vendor shall waive exclusive rights for activities associated with the Milwaukee a la Carte, at which time tenting in zoo parking lots is prohibited), contracts issued for Zoo Special Events organized through Zoo Special Events Division, and all Zoological Society events.

17. Approved tent vendor supplier is to notify the Zoo of all tents and rentals to be placed on or delivered to zoo grounds with related diagrams for tenting and seating (CAD diagram preferred), date, location and company, via fax or e-mail.

18. Approved tent vendor’s supplier is to fill all tent holes within 2 days of takedown by filling with sand within three inches of the top asphalt and covered with asphalt.

19. Approved tent vendor shall provide to the County one (1) 20’ x 20’ tent in each of Zoo’s six (6) designated picnic areas from May to October, 2026. Tents must be all of the same style and color. The Zoo views the aforementioned requested tenting as a sponsorship item as related to exclusive tenting for the Zoo’s Group Sales Department.

20. Approved tent vendor can set up approved promotional materials, tables, linens, etc. in the 7’ x 3’ area outside of the Group Sales Office inside the Zoo.

21. Approved tent vendor shall negotiate individual contracts with Zoo Clients as related to event tenting.

22. Approved tent vendor must be able to provide the following sized tents at minimum: 60 feet by 90 feet, 40 feet by 40 feet and 40 feet by 60 feet.

COMPENSATION

Approved tent vendor shall pay directly to the Zoo a minimum fee of $10,000.00 in consideration for becoming the exclusive Tenting Company to the Zoo’s Group Sales Department Picnic Areas, Gathering Place, Flamingo Restaurant and Patio, Lakeview Restaurant, Animal Buildings, and Zoo Grounds – April 1, 2026 to March 31, 2027.

The Zoo will provide 250 promotional Sponsorship Zoo Admission passes.

CONTRACT TERM

This Agreement shall commence upon acceptance by the County and terminate by the end of March 31, 2027. The parties may mutually agree to extend this contract for three (3) additional 12-month periods.

NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PROGRAMS

COMPLIANCE WITH MCCO §56.17(1)(A)

The Contractor shall comply with MCCO §56.17(1)(A), which states:

“In the performance of work or execution of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin or ancestry, age, sex, sexual orientation, gender identity and gender expression, disability, marital status, family status, lawful source of income, or status as a victim of domestic abuse, sexual assault or stalking, which 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 apprenticeships. The contractor will post in conspicuous places, available for employment, notices to be provided by the county setting forth the provisions of the nondiscriminatory clause. A violation of this provision shall be sufficient cause for the county to terminate the contract without liability for the uncompleted portion or for any materials or services purchased or paid for by the contractor for use in completing the contract.”

COMPLIANCE WITH MCCO §56.17(1)(D)

The Contractor shall comply with MCCO §56.17(1)(d), which states:

“The Contractor agrees that it will strive to implement the principles of equal employment opportunities through an effective affirmative action program, and will so certify prior to the award of the contract, which program shall have as its objective to increase the utilization of women, minorities and handicapped persons, and other protected groups, at all levels of employment in all divisions of the contractor's workforce, where these groups may have been previously under-utilized and under-represented. The contractor also agrees that in the event of any dispute as to compliance with the aforestated requirements, it shall be his/her responsibility to show that he/she has met all such requirements.”

VIOLATIONS

When a violation of the non-discrimination, equal opportunity, or Affirmative Action provisions of this section has been determined by County, Contractor shall immediately be informed of the violation and directed to take all action necessary to halt the violation, as well as such action as may be necessary to correct, if possible, any injustice to any person adversely affected by the violation, and immediately take steps to prevent further violations.

If, after notice of a violation to Contractor, further violations of the section are committed during the term of the contract, the County may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the Contractor for use in completing the contract, or it may permit the Contractor to complete the contract, but, in either event, Contractor shall be ineligible to bid on any future contracts let by County.

COUNTY RIGHTS OF ACCESS AND AUDIT

The Contractor, its officers, directors, agents, partners and employees shall allow the County Audit Services Division and department contract administrators (collectively referred to as “Designated Personnel”) and any other party the Designated Personnel may name, with or without notice, to audit, examine and make copies of any and all records of the Contractor related to the terms and performance of the PSA for a period of up to three years following the date of last payment, the end date of this PSA, or activity under this PSA, whichever is later. Any subcontractors or other parties performing work on this PSA will be bound by the same terms and responsibilities as the Contractor. All subcontracts or other agreements for work performed on this PSA will include written notice that the subcontractors or other parties understand and will comply with the terms and responsibilities. The Contractor and any subcontractors understand and will abide by the requirements of Section 34.09 (Audit) and Section 34.095 (Investigations Concerning Fraud, Waste, and Abuse) of the MCCO.

INDEMNITY

The Contractor agrees to the fullest extent permitted by law, to indemnify, defend and hold harmless Milwaukee County and its agents, officers, and employees from and against all loss or expenses including costs and reasonable attorneys’ fees by reason of liability for damages including suits at law or in equity, caused by any wrongful, intentional, or negligent act or omission of the Contractor and/or its agent(s) which may arise out of or is connected with the activities covered by this PSA. The County’s liability is limited by Wis. Stats. Section 893.80 for general liability and Wis. Stats. Section 345.05(3) for automobile liability.

PUBLIC RECORDS

Both parties understand that the County is bound by public records law, and as such, all of the terms of this agreement are subject to and conditioned on the provisions of Wis. Stat. § 19.21, et seq. Contractor hereby agrees that it shall be obligated to assist the County in retaining and timely producing records that are subject to the Wisconsin Public Records Law upon any statutory request having been made, and that any failure to do so shall constitute a material breach of this agreement, whereupon Approved Contractor shall then and in such event be obligated to indemnify, defend and hold the County harmless from liability under the Wisconsin Public Records Law occasioned by such breach. Except as otherwise authorized by the County in writing, records that are subject to the Wisconsin Public Records Law shall be maintained for a period of three years after receipt of final payment under this agreement.

CONTRACTOR CODE OF CONDUCT

The Contractor shall comply with the Milwaukee County Contractor Code of Conduct. A failure to adhere to these requirements may result in contract termination, penalties, or other remedial actions as deemed necessary by Milwaukee County. All parties agree to adhere to the requirements set forth therein.

INSURANCE

The approved tent vendor understands and agrees that financial responsibility for claims or damages to any person, or to Contractor's employees and agents, shall rest with the Contractor. Contractor may affect and maintain any insurance coverage, including, but not limited to, Worker's Compensation, Employers Liability and General Contractual, Profession and Automobile Liability, to support such financial obligations. The indemnification obligation, however, shall not be reduced in any way by existence or non-existence, limitation, amount or type of damages, compensation or benefits payable under Worker's Compensation laws or other insurance provisions.

The approved tent vendor shall provide evidence of the following coverages and minimum amounts:

Type of Coverage Minimum Limits

Wisconsin Worker’s Compensation Statutory

Employer’s Liability $100,000/$500,000/$100,000

Commercial/Comprehensive General Liability

Automobile Liability

Milwaukee County will be named as an additional insured for General Liability and Automobile Liability. A waiver of subrogation for Workers Compensation by endorsement in favor of Milwaukee County shall be provided. Disclosure must be made of any non-standard or restrictive additional insured endorsement, and any use of non-standard or restrictive additional insured endorsement will not be acceptable. A certificate indicating the above coverages shall be submitted for review and approval by the County for the duration of this Contract.

Contractor shall require all insurers to provide County with a thirty (30) day advanced written notice of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement. Coverage must be placed with carriers with a current A. M. Best rating of A X or better.

Additional information as to policy form, retroactive date, discovery provisions and applicable retentions shall be submitted to County, if requested, to obtain approval of insurance requirements. Any deviations, including use of purchasing groups, risk retention groups, etc., or requests for waiver from the above requirements shall be submitted in writing to the County for approval prior to the commencement of activities under this Contract.

The insurance requirements contained within this Contract are subject to periodic review and adjustment by the County Risk Manager.

MISCELLANEOUS TERMS

A. The County reserves the right to interview any personnel prior to their being assigned to work on Zoo grounds.

B. Nothing contained in the Contract shall constitute or be construed to create a partnership or joint venture between the County or its successors or assigns and Contractor or its successors or assigns. In entering this Contract, and in acting in compliance herewith, the Contractor is at all times acting and performing as an independent contractor, duly authorized to perform the acts required of it hereunder.

C. This Contract shall be binding upon and inure to the benefit of the parties and their successors and assigns; provided, however, that neither party shall assign its obligations hereunder without the prior written consent of the other.

D. The Approved tent vendor, during the period of this Contract shall not hire, retain or utilize for compensation any member, officer or employee of the County or any person who, to the knowledge of the Contractor, has a conflict of interest.

E. The approved tent vendor hereby attests that it is familiar with Milwaukee County’s Code of Ethics, which states in relevant part: “No person may offer to give to any County officer or employee or his immediate family, and no County officer or employee or his immediate family may solicit or receive, anything of value pursuant to an understanding that such officers or employees vote, official actions or judgment would be influenced thereby.”

F. The Contract shall be interpreted and enforced under the laws and jurisdiction of the State of Wisconsin. The approved tent vendor acknowledges and agrees that it will perform its obligation hereunder in compliance with all applicable state, local or federal law, rules, regulations and orders.

G. Electronic Documents Considered Writing. Any document properly transmitted by computer access will be considered a “writing” delivered in connection with this Agreement. Electronic documents will be considered signed by a Party if they contain an agreed-upon electronic identification symbol or code as required by law.

H. Compliance with Laws. Approved Contractor agrees to comply with all applicable federal, state, and local statutes, laws, rules, regulations, ordinances, and all policies, procedures, standards, and regulations of any accreditation agencies or bodies. Approved Contractor agrees to hold the County harmless from any loss, damage, or liability resulting from a violation on the part of Approved Contractor of any such laws, rules, regulations, policies, procedures, standards, or ordinances.

I. Choice of Law. This Agreement shall be governed, interpreted, construed, and enforced in accordance with the internal laws of the State of Wisconsin, without regard to its conflict of laws principles. Any litigation over the enforceability of the provisions herein or to enforce any rights hereunder shall be in state court with venue in Milwaukee County.

J. Assignment Limitation, Subcontracts. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns; provided, however, that neither party shall assign its obligations hereunder without the prior written consent of the other. Assignment of any portion of the work by subcontract must have the prior written approval of County.

K. Severability. If any part of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity or enforceability of the remainder of this Agreement, unless the Agreement so construed fails to meet the essential business purposes of the Parties as manifested herein.

L. Modification and Waiver. This Agreement may not be modified and none of its terms may be waived, except in writing and signed by authorized representatives of both Parties. To the extent that any term in any document, other than a writing signed by both Parties that expressly purports to amend this Agreement, is contrary to, or conflicts with this Agreement, the terms of this Agreement shall control. A waiver by a Party of any default shall not be deemed a waiver of a prior or subsequent default of the same or other provisions of this Agreement. The failure of a Party to enforce, or the delay by a Party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this Agreement.

M. Entire Agreement. This Agreement and all properly executed Statements of Work constitute the entire agreement between the Parties relating to the subject matter hereof, and supersede any and all prior agreements and negotiations, whether oral, written, or implied. No change, addition, or amendment shall be made except by written agreement signed by a duly authorized representative of each Party.

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