RFB 26-004

SERVICE OF PROCESS – CHILD SUPPORT

Request for Bid (RFB)

#26-004 Service of Process

For: Walworth County Corporation Counsel – Child Support

Schedule of Events:

Bid Issued: February 26, 2026

Questions Due: March 9, 2026 3:00 p.m.

Final Addendum Issued: March 16, 2026 10:00 a.m.

Bids Due: March 31, 2026 10:00 a.m.

Contract Award: April 10, 2026

Anticipated Contract Start Date: May 1, 2026

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:

Buyer: Melissa Rompesky, Senior Buyer Address: Walworth County Purchasing

100 W. Walworth Street Elkhorn, WI 53121

Table of Contents Schedule of Events:

I. POSTING OF SOLICITATION

II. INVITATION

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

IV. EXAMINATION OF SITE AND BID DOCUMENTS

V. PRE-BID MEETING AND PROJECT SITE TOUR

VI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

VII. SUBMISSION OF BID

VIII. ELECTRONIC MODIFICATION OF BID

IX. WITHDRAWAL OF BID

X. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

XI. PUBLIC BID OPENING MEETING

XII. METHOD OF AWARD

XIII. TERM OF CONTRACT

XIV. BIDDER QUALIFICATIONS

XV. BACKGROUND

XVI. SCOPE OF SERVICES / SPECIFICATIONS

XVII. ADDITIONAL SERVICES

XVIII. SUBCONTRACTING

XIX. EMPLOYEES

XX. WORK HOURS

XXI. WARRANTY

XXII. PRICING

XXIII. INDEFINITE QUANTITY

XXIV. PRICE ADJUSTMENTS

XXV. EQUITABLE ADJUSTMENT

XXVI. INVOICING

XXVII. PAYMENT

XXVIII. REJECTION

XXIX. DEFICIENCIES

XXX. ACCEPTANCE

XXXI. “PIGGYBACK” CLAUSE

XXXII. CONTRACT REVIEW

XXXIII. WORK/SITE RULES

XXXIV. COMPLIANCE WITH LAWS

XXXV. INSURANCE REQUIREMENTS

XXXVI. 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, Bidders must be registered. Bidders may register for an account with Bonfire at no charge.

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

II. INVITATION

Walworth County is accepting sealed, electronic bids submitted through the Bonfire Portal from qualified firms for Service of Process for Walworth County Corporation Counsel - Child Support, hereinafter referred to as the “County,” in accordance with the specifications stated and/or attached herein/hereto. The successful bidder will hereinafter be referred to as the “Bidder” or “Contractor.”

https://walworthcountywi.bonfirehub.com/projects

The intent is to establish a long-term contract for Service of Process for surrounding areas, state-wide and nation-wide service.

Sealed, electronic bids will be received until 10:00 a.m. local time on March 31, 2026. Shortly after the deadline, bids received will be publicly opened virtually by purchasing staff.

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Bid 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 Buyer listed in on the cover of this solicitation.

IV. EXAMINATION OF SITE AND BID DOCUMENTS

Bidder is required to carefully examine the bid, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the bidder has investigated and is satisfied as to the requirements of the bid documents. It is mutually agreed that the submission of a bid shall be considered as conclusive evidence that the bidder 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 work under this specification 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 Bidder to fulfill, in every detail, all of the requirements of the bid, or

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

• For an extension of time.

V. PRE-BID MEETING AND PROJECT SITE TOUR

A pre-bid meeting is NOT scheduled for this project. Interested bidders should inspect this request document and submit any questions or request for clarifications as outlined in Section VI. Bidder Inquiries / Requests for Exceptions / Changes to Bid.

VI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

Bidders should request interpretation or correction of any ambiguity, inconsistency, or error.

Consideration will be given to a bidder’s request for a change if any of the terms and conditions of this bid 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 questions, 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/219660.

Questions must be received no later than March 9, 2026 at 3:00 p.m. You will not be able to initiate messages to the Buyer after this time.

Unauthorized Bidder contact regarding this RFB with any County employee may result in disqualification of Bid. Any oral communication will be considered unofficial and non-binding. Bidders shall rely only on written addenda issued for this opportunity.

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

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://walworthcountywi.bonfirehub.com/opportunities/219660

VII. SUBMISSION OF BID

Bidders, by submitting a response to this RFB, certify and agree to meet all the requirements as stated herein.

A bidder 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 bidder must be clearly identified in the bid.

Bids shall be irrevocable until Contract award unless the bid is withdrawn. Bidders may withdraw a response at any time until the submission deadline.

Bidders shall assume full responsibility for ensuring electronic delivery of bids before the RFB deadline.

Bidders 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 RFB. All bids must be submitted electronically using the Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the bid collection destination.

1. Prepare your Bid submission materials:

Requested Information:

Group Name Type # Files Requirement

Acknowledgements, and Subcontractors

There are various questions to acknowledge/respond to.

N/A Required

Pricing Pricing Sheet (BT-56NW) BidTable:

Datatable

N/A Required

Requested Documents

Bidder Questionnaire (Q-

36FI)

Questionnaire:

Excel (.xlsx)

1 Required

Provide licenses and/or state certifications of Server/Agency-employed servers.

PDF 1 Required

Please note the type and number of files allowed. The maximum upload file size is 100 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

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

https://walworthcountywi.bonfirehub.com/opportunities/219660.

Requested Document(s):

Provide all documents as listed in the Requested information.

Requested Questionnaire(s):

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

Please note that Questionnaires may take a significant amount of time to prepare.

Requested BidTable Price Only:

You will need to download the Excel BidTable(s) online in the browser. The BidTable can be completed any time during your submission, however it must be completed all at once to submit and finalize. You may edit the submission before the due date. Please note that BidTables may take a significant amount of time to prepare.

2. Upload your submission at:

Important Notes:

a. Each item of Requested Information will only be visible to the County after Bid Closing Time.

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

c. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

d. Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled.

e. The County is not responsible for any delays associated with the electronic submission of bids through Bonfire Portal.

f. Bids may not be transmitted orally, in person, by mail, by email or fax machine.

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

h. All Bidders, by submission of their bid, agree to abide by the rules, regulations, and procedures of the County.

Need Help:

The County uses the Bonfire Portal for accepting and evaluating bids digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us. .

Bidders shall assume full responsibility for ensuring electronic delivery of bids before the RFB deadline.

Bidders should allow sufficient time to complete the electronic submission by the date and time specified.

VIII. ELECTRONIC MODIFICATION OF BID

Any Bidder may modify its Bid electronically using the Bonfire Portal provided such modification is made prior to the closing time for receipt of Bids.

IX. WITHDRAWAL OF BID

Any Bidder may withdrawal its Bid electronically using the Bonfire Portal provided such withdrawal is made prior to the closing time for receipt of Bids.

X. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

All material submitted by the Bidder 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 https://walworthcountywi.bonfirehub.com/opportunities/219660X mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us unless there is an overriding public interest in keeping the public record confidential. As such, bidders should assume that their submitted bid will be subject to disclosure under the Public Records Law.

Bidders responding to this request should not include any Confidential Information, proprietary information or protected trade secret(s) as part of its bid unless the bidder 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 bid.

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. Bidder is not entitled to notification prior to release of information. In no event will price be deemed confidential.

XI. PUBLIC BID OPENING MEETING

No in-person public bid openings will be conducted at Walworth County. Bidders and members of the public may participate in the public bid opening for this RFB via video or teleconference as described in this Section.

The bids opened and read are considered preliminary and subject to review and verification of applicable bid requirements.

The County will host this bid opening on March 31, 2026, at 10:15 a.m. local time via Microsoft Teams.

Interested participants may attend electronically via the livestream video conference by using the access information provided below.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/26751649560846?p=TDA34pPyZ5XusiB4Zu Meeting ID: 267 516 495 608 46 Passcode: mF2As2oM

Need help? | System reference Dial in by phone +1 414-219-0219,,689303447# United States, Milwaukee Find a local number Phone conference ID: 689 303 447# For organizers: Meeting options | Reset dial-in PIN

XII. METHOD OF AWARD

Walworth County is not obligated to make an award related to this request. The County reserves the right to accept or reject any or all Bids. If the County issues an award, the award will be made within ninety (90) days after the opening of bids to the responsive and responsible Bidder(s) conforming to the scope, specifications, terms and conditions, or to the most advantageous Bid submitted to the County on a quality versus price basis as follows:

• A Contract will be awarded to a single responsive and responsible vendor with the lowest cost.

Contract(s) shall be deemed as having been awarded when the appropriate County Committee has approved formal recommendation of award or County personnel having the authority to make such approval in accordance with County Procedures. Estimated contract award date is included in the “Schedule of Events” on the RFB cover.

The awarded Bidder will be required to execute the Example Contract provided as Attachment A.

https://teams.microsoft.com/meet/26751649560846?p=TDA34pPyZ5XusiB4Zu https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2RiY2NkYzgtYzQyNC00NWYxLWIzMTEtMTMwZGY3N2M4MGQ5%40thread.v2/0?context=%7b%22Tid%22%3a%22abdd0c04-3909-4e20-bbcb-7b8a0283a1af%22%2c%22Oid%22%3a%2239f5a387-8caa-4884-9411-528f6d175b7a%22%7d tel:+14142190219,,689303447 https://dialin.teams.microsoft.com/3545793f-3d5d-4816-a86c-5b26c488d908?id=689303447 https://teams.microsoft.com/meetingOptions/?organizerId=39f5a387-8caa-4884-9411-528f6d175b7a&tenantId=abdd0c04-3909-4e20-bbcb-7b8a0283a1af&threadId=19_meeting_N2RiY2NkYzgtYzQyNC00NWYxLWIzMTEtMTMwZGY3N2M4MGQ5@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

To be considered responsive and in compliance with the Request for Bid, a Bid must:

1. Confirm in all material respects to the RFB, including all the requested information;

2. Include acknowledgement of all addenda; and

3. Contain no alterations to the terms or conditions of this Request for Bid except as specifically directed in this document.

To be considered responsible, a Bidder must establish to the complete satisfaction of the County it can meet specifications/scope herein, including but not limited to items such as warranty, time of delivery, purpose for which good and/or service is required, competency of Bidder, the ability to render satisfactory service and past performance.

To determine the Bidder’s responsibility, before a Contract will be awarded for the specifications/scope contemplated herein, the County will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of services specified under this request. Upon request, the Bidder shall submit such additional information not specifically requested herein, as deemed necessary by the County to evaluate the Bidder's qualifications.

XIII. TERM OF CONTRACT

A contract will be awarded to the successful Bidder. The term of the contract 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.

XIV. BIDDER QUALIFICATIONS

Bidders responding to this Request for Bid must meet the following minimum qualifications:

• Be properly licensed and incorporated 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.

• May not be on the State of Wisconsin list of debarred contractors with the effective dates of this contract.

• Have at least five (5) years of experience in providing Service of Process services as specified.

Experience should include accounts equal or larger in size and scope as described in this request. The County is especially interested in receiving references from government entities, if applicable.

• Have a record of performance with reasonable financial support, personnel, equipment and organization to ensure satisfactory execution of the services required and specified herein.

• Meet or exceed all minimum specifications in their entirety to be considered for award.

XV. BACKGROUND

Walworth County is a growing County located in Southeastern Wisconsin, approximately 100 miles Northwest of the City of Chicago, and 50 miles Southwest of the City of Milwaukee. The County's population is approximately 106,500 and the County employs approximately 800 employees.

The County's services to the public are diverse such as justice and law enforcement, administration and community services. This includes the operation of the Government Center, Judicial Center, jail, Department of Health and Human Services, Department of Public Works, Veterans Services, the Lakeland Health Care Center nursing home facility, and the Lakeland School for Children with Disabilities.

Walworth County Child Support Services budgets approximately $28,000/year for service of process services.

The County anticipates approximately 35 to 60 legal documents will be served upon individuals on a monthly basis, with daily submission. All of the documents are time sensitive and must be served within specified time frames prior to the scheduled court dates.

This solicitation defines the requirements and specifications, vendor responsibilities, and the format in which vendor responses are to be submitted. Vendor(s) shall be required to meet or exceed the minimum specifications as specified herein.

XVI. SCOPE OF SERVICES / SPECIFICATIONS

Service of Process shall include, but not be limited to, summons and complaints, affidavits, subpoenas, orders, petitions, writs, motions and other documents as requested.

The County shall prepare the service documents. Documents to be served shall be mailed or emailed daily by the Child Support Office. Documents shall include the service documents, one (1) Affidavit of Service and a cover letter dictating the due date for completion of service. Documents shall be available to the vendor approximately two (2) to four (4) weeks prior to the due date to allow time to complete the service by the due date. All service documents must be either served or attempted to be served by the due date. Vendor shall provide separate pricing for both options in Cost Summary. The vendor must provide nationwide service, which may be subcontracted to an outside process server. Regardless of how the nationwide service is obtained by the selected vendor, the nationwide service shall be invoiced to the County in the same manner as the standard service.

County departments shall provide a home address along with the documents for service. If the address provided on the description sheet is not a good, serviceable address, the vendor shall contact the County department for additional current information without charging a locate fee. If other locate effort is requested, the vendor may charge the county department a locate fee as determined by the contract.

Vendor shall not deny the County for any services the County deems appropriate (for example, domestic violence services, child/adult protection services, etc.). Vendor shall make every effort to ensure County needs and requirements are accommodated.

Nothing in this contract agreement shall preclude the County from utilizing other private or public process serving agencies, if deemed necessary. Nor shall this contract agreement preclude County employees from performing service of process for any County department under any circumstances.

A. Service Requirements The vendor shall provide professional and reliable service of process services in full compliance with all applicable laws, regulations, and contractual obligations. Services must be performed with due diligence, accuracy, and timeliness to ensure proper legal execution and documentation. Vendors are expected to adhere to the following requirements, which outline performance standards, documentation protocols, and operational responsibilities necessary to meet the County’s expectations. Services provided must meet all the following requirements:

1. Comply with all State, Federal and any other laws and regulations governing this type of service.

2. Be familiar with Service of Process statutes in order to have a clear understanding of service requirements and expectations.

3. All drivers must possess a valid driver’s license while operating a vehicle.

4. Provide an Affidavit of Service to include: Detailed attempts of service, fee charged, date, time, and address where service was completed. Affidavits must be notarized and include a list of the documents served. The county will send the Process Server(s) two Affidavits to use for service. The Process Server will be required to use the county's Affidavits of Service, unless other documents are mutually approved.

5. Make at least three (3) service attempts, one (1) of which shall be an evening, weekend, or early morning attempt, prior to returning un-served documents to the County department. For purposes of performance of this agreement, evening is defined as 6:30 p.m. CST to 9:30 p.m. CST, and early morning is defined as 5:00 a.m. CST to 8:00 a.m. CST. The process server shall contact the county if on the first attempt the adult resident claims the individual the county is attempting service on does not live at that location and continue to make at least 2 more attempts unless otherwise instructed otherwise by the county.

6. Attempt to serve all process with due diligence. Due diligence includes, but is not limited to, at least three (3) attempts. All non-service shall be documented and returned to the County department by the due date.

7. Return the completed original Affidavit of Service(s) to the County department within five (5) days after the service and at least 3 days prior to the hearing in which the County is attempting service for. If service is accomplished within five (5) days or less from due date, the vendor shall fax or email a copy of the Affidavit(s) of Service to the County department the same day of service and mail the original to the County department. For purposes of performance of this agreement, "days" are deemed to be calendar days rather than business days.

8. Respond to urgent status requests by any County department within one (1) to two (2) days.

9. Provide same day service when requested for a fee as described in the bid cost.

10. The vendor may immediately contact the County department and return documents which have not been served with an explanation of the problem if the vendor determines that performing the requested service might endanger the vendor or vendor's personnel.

11. In the event a County department cancels a request for service of process prior to the vendor making a first attempt at service, documents shall be returned to the County department without charge. If one (1) or more attempts at service have been made at time of cancellation, the appropriate non-service fee shall be billed and paid.

12. Exercise independent judgment as to when it is appropriate to conduct on-site locate work in conjunction with attempted services. If service cannot be accomplished at the address provided, and the County department is unable to provide further information, the server will attempt to obtain a forwarding address or employment information from current residents, neighbors and/or apartment managers. If successful information is obtained through this activity, the vendor will follow through, attempting to secure service based on the information obtained. If such attempts prove to be unsuccessful, the server will return the documents to the County department for additional on-site locate activities. If extra efforts are made, they shall be clearly documented on the affidavit.

13. Be available to testify at any court hearing at no additional cost to the County department.

14. Maintain full and complete documentation and accounting records concerning all services performed that are compensable under this agreement and shall make such documents and records available to the county for inspection at any reasonable time. Vendor shall maintain such records for a period of two (2) years following completion of work.

15. Vendor employees and/or subcontractors shall be subject to the same terms and conditions applicable to the vendor under this contract agreement and the vendor shall be liable for employees’ and/or subcontractors' acts and/or omissions.

16. In the event of a change of law that reduces the time permitted for service of process, vendor agrees to serve documents as required under the new law. All other terms of the contract agreement shall remain in full force and effect.

17. Observe all applicable State and Federal laws pertaining to the handling and confidentiality of service materials and pertaining to service of process services.

18. Maintain and make available, at all times, to County or designated agent a list of servers employed, if any. List shall include all telephone numbers, cell phones numbers, pager numbers, e-mail addresses, and all other means of communication.

B. Confidentiality Requirements

1. Vendor shall not divulge any information obtained through their assignments, including, but not limited to, information gained through access to documents or other written materials.

2. Vendor shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and be able to sign a Business Associate Agreement (BAA) with the County, which is provided in Attachment A, Sample Professional Services Contract. Vendor shall have the responsibility to protect the confidentiality of all documents as in accordance with all applicable county policies and procedures and with all applicable state and federal laws.

3. Vendor shall comply with State and Federal constitutions, laws, rules, and regulations applicable to the services for this contract including, without limitation, those set forth in and pertaining the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any revisions/amendments thereto.

4. Vendor shall not publicly discuss, report, or offer an opinion concerning matters in which they are or have been engaged, even when the information is not privileged by law to be confidential.

Successful vendor must furnish the county with a certified annual audit for services exceeding $75,000.00 as required by Wisconsin Statutes.

XVII. ADDITIONAL SERVICES

The County reserves the rights to add, delete or acquire other types of service that the Contractor can provide that are similar to, but not specifically called for, in this bid. Additions or changes to goods or services must be agreed to in writing by all parties. The procedure for such acquisitions shall be as follows:

1. Purchasing will send the Contractor a letter requesting pricing for the service(s) to be added to the contract. The Contractor, within three (3) working days, should respond in writing with the price for each service requested. Upon receipt, the County shall issue a Contract amendment adding the service(s) or reject prices and obtain quotes on the open market for the additional services.

XVIII. SUBCONTRACTING

Walworth County requires that any work performed be under the direct employ of 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.

Contractor 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 Vendor(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the contractor of liability and obligation under this contract. If Sub-Contractors are used, Walworth County will consider the awarded vendor to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such sub-Contractor arrangements. The prime contractor shall be fully responsible for the acts, errors and omissions of the subcontractor. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

In the event that a portion or portions of the contract are bid as subcontracted, the bidder shall provide a list of intended subcontractors with their bid. 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 bid if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Contractor must obtain prior approval before using any subcontractors not previously identified in your bid.

When subcontractors are used in the performance of any of these services, licensed, skilled tradesmen must be utilized to assure quality workmanship.

XIX. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. Upon request, Contractor shall provide and maintain a current list of employees working at County facilities prior to commencement of work. A photocopy of employees’ driver’s license, or other acceptable identification, as verification for the list shall be made available to the County upon request.

County shall be entitled to request the removal of individuals working on any project 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 Contractor 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 Contractor does not cure the problem within seven (7) days from the date of notice, Contractor 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. Contractor must comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for Contractor’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 Contractor must notify the County within a reasonable time frame. Contractor 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 Contractor’s employee 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.

Employees shall be in a company uniform that clearly identifies the name of the company and employee name.

Uniforms shall be clean and neat in appearance. Employees are required to wear a company supplied photo ID badge. Badges must be clearly visible when worn.

XX. WORK HOURS

The Child Support hours of operation are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays and weekends.

Contractor is required to provide services as required in Section XVI. Scope of Services / Specifications.

XXI. WARRANTY

The Contractor warrants that the services provided shall be performed by qualified and competent personnel in accordance with industry practice and the high standards of care and practice appropriate to the nature of the services rendered.

XXII. PRICING

Pricing shall be provided as requested on the Pricing Sheet. Pricing for services shall include all charges for services as specified in this request and is to include all supervision as needed, start-up fees, labor, travel, mileage, and any other expenses needed to complete the services required.

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

Prices will be firm, a not to exceed cost, inclusive of all costs and no additional costs will be allowed.

In the event of a discrepancy between the unit price and the total price, the unit price shall prevail.

XXIII. 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. Bids that require minimum order quantities or dollar amount shall be disqualified.

XXIV. PRICE ADJUSTMENTS

Notification of any requested increase is required in writing to Walworth County from the Contractor 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.

XXV. 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 contractor’s control;

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

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

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

Any adjustment would require the contractor 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 contractor 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.

XXVI. INVOICING

Contractor shall submit invoices monthly invoices for services provided during the preceding month no later than the 5th day of the following month. Monthly invoices must itemized and include the date of service, service provided, quantity, item cost, and total cost.

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. Contractor is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

XXVII. PAYMENT

Walworth County’s preference is to pay with a Visa credit card (P-Card). Bidder should indicate in Bid whether P-card will be accepted for payment. County will not use a P-Card for processing payments if Contractor charges credit card processing fees or sets minimum transaction limits. Payment will be made within forty-five

(45) calendar days after acceptance of goods/services and receipt of a properly documented invoice.

XXVIII. REJECTION

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

XXIX. DEFICIENCIES

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

XXX. ACCEPTANCE

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

XXXI. “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 Contractor, 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 Contractor 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.

XXXII. CONTRACT REVIEW

Contractor 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.

XXXIII. WORK/SITE RULES

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

XXXIV. COMPLIANCE WITH LAWS

Contractor 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 Contractor’s expense.

XXXV. INSURANCE REQUIREMENTS

Every Contractor 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/Errors and Omissions:

This insurance should insure the professional services of the Contractor for the scope of services to be provided under this contract. Such insurance shall provide limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate.

E. Excess/Umbrella Liability Insurance Such insurance shall provide additional limits of not less than $5,000,000 per occurrence.

Additional Requirements:

F. 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.

G. 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.

H. 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.

I. If any of the coverage noted above is provided on a claims made and reported period, coverage shall be maintained for not less than 2 years (24 months) after the end of the Contract by either an extended reporting period (ERP) provision or by maintaining the coverage in force.

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

K. 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.

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

XXXVI. CANCELLATION

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