2021-01 Cost Allocation Plan RFP.pdf

Dunn County 2021-01 January 11, 2021

REQUEST FOR PROPOSALS

For

County of Dunn, Wisconsin

Administration Department, Purchasing

RFP #2021-01

A-87 Cost Allocation Plan

Proposals must be received no later than 12:00pm Local Time, February 5, 2021

SPECIAL INSTRUCTIONS:

All proposals must be sealed and clearly marked “Proposal for Project #2021-01

Mail or Deliver to:

Dunn County John McLaughlin - Administration Department 3001 US Hwy 12E, Suite 225 Menomonie, WI 54751

For further information regarding this proposal, contact John McLaughlin at 715-232-2429 or jmclaughlin@co.dunn.wi.us .

Dunn County reserves the right to terminate the selection process at any time and reject any or all offers. The County shall not be liable for any pre-contract costs incurred by interested firms participating in the selection process.

mailto:jmclaughlin@co.dunn.wi.us

INTRODUCTION AND PURPOSE

1.1 Statement of Intent

The intent of this Request for Proposal (RFP) is to seek proposals from qualified consultant agencies for the development of an A-87 Cost Allocation Plan (CAP). The CAP will be used for the following initiatives:

Distribution of central services (CS) to grantee departments as appropriate;

Determine and document departmental/program costs;

Determine “charge back” initiatives;

Determine total costs of grantee departments that use public fees;

Determine values associated with federally funded programs for reimbursements.

The CAP must be prepared following the policies and procedures stated in OMB Circular A-87. Direct costs should not be included as indirect costs. All expenditure and statistical information should be collected from financial statements and actual data.

1.2 Subcontracting

Prior to the implementation of a subcontracted service, Dunn County shall approve any contracts, leases and costs. No right or duty in whole or in part of the proposer under this contract shall be assigned or delegated without the prior written consent of Dunn County.

1.3 Procuring and contracting agency

The Administration Department issues this RFP for Dunn County. The below identified Accounting Manager is the sole point of contact for Dunn County during the RFP process. The person responsible for managing the procurement process is:

John McLaughlin Phone 715-232-2429 Administration Department Fax 715-232-1324 3001 US Hwy 12E; Suite 225 Email jmclaughlin@co.dunn.wi.us Menomonie WI 54751

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP document prior to the submission of the proposal. RFP questions may be submitted until the date/time listed in Section 1.4 via fax, email, or mail (no phone or verbal questions will be accepted). The County is not responsible for the delivery or timeliness of the delivery of any questions submitted. It is the sole responsibility of the provider to ensure delivery of faxed and emailed messages.

If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency exists in the RFP, the proposer should immediately notify the purchasing manager of such error and request modification or clarification of the RFP document. In the event that it becomes necessary to provide a correction or clarification which revises any part of this RFP, a written amendment will be sent to all recipients of this RFP and posted if applicable. Questions to any person other than the contact listed above will not receive a response.

1.4 Calendar of events

Listed below is a schedule showing key dates related to this RFP. The actions with specific dates must be completed as indicated unless otherwise changed by Dunn County. In the event that Dunn County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing a supplement to this RFP via the internet or email.

mailto:jmclaughlin@co.dunn.wi.us

Date Event

01/11/2021 Post RFP

01/18/2021 Proposer Questions Due – 4:00pm local time

01/20/2021 DUNN COUNTY Responses released

02/05/2021 RFP Due Date – 12:00pm local time

1.5 Document Opening

Proposals will be opened and the name of the respondent read at the time indicated. Details of each proposal, including proposed fees, shall not be announced at the time of opening. Such information shall be made public after an award has been made and all negotiations are completed.

1.6 Contract term and funding

The Dunn County Chief Financial Officer (CFO) shall be the administrator of any contract resulting from this RFP. The contract shall be effective on the date a contract is signed by both parties. It is specifically understood that any contract is subject to statutory authorization and available funding.

The staff to be retained under this contract is intended to start work effective January 1, 2021 and the contract shall be in force for five (5) years if it begins on that date. There shall be annual reviews and options to renew one-year contracts for up to two (2) additional years upon mutual agreement of both the County and the contractor. All Federal Certifications and Assurances included in this document shall be incorporated into the resulting contract.

The prices quoted shall not increase throughout the initial year. The price charged in annual renewals shall be negotiated with the County. The provider shall certify that the prices quoted to Dunn County are consistent with those it charges other customers for the same or equivalent services.

1.7 Amendments to the contract

Amendments to the contract by adding or deleting specific services will be allowed to provide for services required or no longer required by Dunn County. All amendments, modifications or clarifications shall be in writing signed by the Proposer and Dunn County. No payment for services shall be made until an amendment, modification or clarification has been signed by both parties.

1.8 Proprietary Data

Submittals and any other information submitted by Proposers in response to this RFP shall become the property of Dunn County. Proposers must clearly identify any proprietary information that the contractor does not want disclosed to the public. Each page of proprietary information must be clearly marked “CONFIDENTIAL”. Dunn County and its contract evaluators and negotiators may use data or information so identified in performing their duties. Disclosure of any proprietary information by Dunn County shall be in accordance with the laws and regulations regarding disclosure in force in the State of Wisconsin.

1.9 Responsibility of Dunn County

The CFO of the Dunn County Administration Department shall be the contract person once a contract is signed and will serve as the liaison for Dunn County concerning any contract issues resulting from this RFP. The CFO shall be available during regular business hours to address concerns of the provider.

Dunn County will supply additional background information as requested if submitted to Dunn County by the question due date specified in Section 1.4.

2.0 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

The evaluation and selection of Proposals will be based on the information submitted in response to the RFP plus information obtained from references. Incomplete submittals and those not meeting the format requirements will be evaluated only if deemed in the best interest of the County. The Proposer should respond with sufficient detail for Dunn County and its evaluators to clearly understand the proposal. The Proposer is expected to respond to all items in as much detail as necessary for Dunn County and its resources to make an objective evaluation of the RFP responses.

2.2 Incurring costs

Dunn County is not liable for any cost incurred by proposers in replying to this RFP. Dunn County reserves the right to accept or reject any or all proposals and to waive technicalities in any proposal or part thereof deemed to be in the best interest of Dunn County.

2.3 Proposal Format

RFP submittals must be submitted in the format outlined in this document, referencing each respective section being addressed. Submittals will be evaluated solely on their responsiveness to the requirements of this procurement and not on information which a proposer includes but is not relevant to this RFP.

The response to the RFP shall be submitted bound with sections tabbed as listed below.

Table of Contents Executive Summary Section I – Background, Experience and Qualifications Section II - Technical Approach Section III - Financial Section IV - Performance Contract Documents Appendix W-9

2.4 Table of Contents

Each RFP shall include a table of contents properly indicating the section and page numbers of the information included. Pages shall be numbered consecutively from the beginning of the document to assist in finding relevant information.

2.5 Executive Summary

Each RFP shall include a concise abstract one (1) page stating the proposer's overview of the project.

This should be used to summarize the scope of services that would be offered by your firm.

2.6 Proposers must submit proposals by date/time listed in Section 1.4

One (1) original UNBOUND and three (3) copies BOUND of the proposal;

One (1) CD or USB Drive One (1) original of the cost proposal (Submitted in SEPARATE SEALED ENVELOPE).

All proposals shall be date/time stamped in by the Administration Department when received. Proposals not so stamped will not be accepted. Receipt of a proposal by another department in Dunn County does not constitute receipt of a proposal by the Administration Department of this RFP.

Dunn County will not accept electronic or faxed responses. Electronic and faxed responses will be rejected.

All proposals received in response to this request will become the property of Dunn County and will not be returned to the proposers.

2.7 Fixed price period

All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for 120 days starting on the due date for proposals.

2.8 All costs represented

The cost proposal form in Section 5 represents all costs to be considered in making comparisons in order to award the contract. Dunn County will not pay fees for services not itemized on the bid.

2.9 Unanticipated services

Dunn County reserves the right to negotiate with the awarded Proposer(s) reasonable fees for services unanticipated or not existing at the time of the awarding of the contract. Dunn County may, at its option, contract for them through an alternative process.

3.0 PROPOSAL SELECTION AND AWARD PROCESS

3.1 Proposal scoring

Proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in rejection of the proposal. In the event that all proposals do not meet one or more of the mandatory requirements, the evaluation committee reserves the right to continue evaluation of the proposals which most closely meet the mandatory requirements of the RFP.

The Proposer’s response to each of the requirements of this RFP shall be independently evaluated by each member of an evaluation committee, consisting of individuals who have been selected because of their special expertise and knowledge of the services that are the subject of this RFP. Proposers may not contact members of the evaluation committee at any time during this procurement process. The evaluation committee’s scoring will be tabulated by the purchasing manager, and proposals will be ranked on the basis of their total scores. The cost portions of the proposals will remain sealed and unopened at this time.

Proposer’s response must demonstrate an understanding of all the requirements. This may be done by citing how the Proposer has met these requirements in other similar situations. Each proposal shall be evaluated in all areas listed in Section 3.3. Failure of a proposer to provide clear and accurate information within submitted documents may be reflected in the scoring of evaluators. Upon the request of the evaluation committee, the purchasing manager may initiate inquiries for the purposes of confirming or verifying proposal information already provided. The evaluation committee and its members will not contact any proposer except through the purchasing manager.

An interview process may be deemed necessary by the evaluation committee and may be scheduled with one or more proposers to clarify and explain information given in the written submission. Such interviews shall be scheduled at a time and in a manner agreeable to the proposer, so failure to accommodate or fulfill interview requests from the committee through the purchasing manager may result in rejection of a proposal.

3.2 Right to reject proposals and negotiate contract terms

Dunn County reserves the right to select the proposal deemed to best meet the requirements of the county, which may not be the lowest cost proposal. The evaluation committee reserves the right to reject any and all proposals at any time during the evaluation process.

The County may negotiate terms of contract with the selected Proposer based on the requirements in this RFP and the selected Proposer’s response thereto. Dunn County reserves the right to waive any irregularities and technicalities that are not germane to a Proposer’s ability to meet the requirements of the RFP.

3.3 Evaluation Criteria

The proposal will be evaluated according to the following criteria:

Section Name Percentage of Total

Background, Experience and Qualifications 30%

Service Plan - Technical Approach 35%

Financial 5%

Costs 30%

3.4 Final Evaluation, Award and Final Offers

Based on information obtained through any inquiries, reference checks and interview process, the evaluation committee shall review their evaluations and may make adjustments to their individual scores.

The purchasing manager shall make any changes in the scoring tabulation required by these adjustments, and the final rankings will be determined. Once there are no further criteria to be considered, and purchasing manager may open and score the cost proposal portions and tabulate final scores.

Dunn County intends to award a contract to the proposer whose response best meets the requirements of the RFP as reflected in the above criteria. The requirements of this RFP reflect the needs of the county.

There is no financial obligation on behalf of the County until a contract is signed. The contract shall be effective on the date of approval by Dunn County. Dunn County shall not be responsible for work done, even in good faith, prior to approval the contract. The selected Proposer will be considered the prime contractor and shall designate a contact person with regard to all contractual matters at the time the contract is signed.

3.5 Notification of Intent to Award

All parties who respond to this RFP will be notified of Dunn County's intent to award the contract as a result of this RFP.

4.0 SPECIFICATIONS

The complete proposal shall contain the following information and shall be submitted in the order shown below. Please address each section in your proposal submission and divide each section of your proposal with identifying tabs. Each submittal will be reviewed to determine if it is complete prior to actual evaluation. A respondent who submits a proposal that does not address each of the sections specified below will be deemed non-responsive, and the proposal will be deemed incomplete. The intent is that all RFP's follow the same format in order to evaluate each fairly. In the event that all respondents do not meet the mandatory requirements, Dunn County reserves the right to continue the evaluation of the proposals and to select the proposal that most closely meets the requirements specified in this RFP.

Submittals that are qualified with conditional clauses, alterations, items not called for in the RFP or irregularities of any kind are subject to disqualification by Dunn County, at its option. Submittals will be evaluated on their responsiveness to the requirements and scope of this package and not on extraneous supplements.

4.1 Section I – Background, Experience and Qualifications

Section I should provide an overview of the organization’s approach to this project. This may include an organizational vision or mission statement. Include your firm’s experience and commitment in working with governmental bodies.

A. Firm Profile: Provide general information on the responding firm, including: name, business address, telephone number, officers of the firm, and contact person(s) for this procurement. Provide the year the Proposer's firm was established, and former firm name(s) if applicable. State the number of years your firm has offered these services. Identify the individual(s) in your firm who administer this contract and the individual who will be the project administrator for the Dunn County contract.

List any accreditations and/or qualifications of the individual(s) who will administer this project. Also, describe how your firm will assure the competence and qualifications of individuals who will be assigned to the Dunn County project.

B. Proposer’s Team Information: Provide a project organizational chart that identifies the administrative employees of the Proposer's firm that would administer and manage the project.

Specify the team members by their name, job title, and training. A brief resume of all individuals involved in the administration of this project should be included, and the evaluation committee shall evaluate these credentials as part of the score for “Experience and Qualifications.” If the Proposer has more than one office which will be involved with the project, indicate the personnel from each office assigned to this project.

C. References: Provide a minimum of three (3) references for projects of similar size, scope, and complexity located in Wisconsin (if available) indicating the Proposers recent experience with government institutions. References should be for projects where the Proposer is the prime contractor. Each reference should include the following:

Project Identification: Name of project owner and type of project. Dunn County is especially interested in receiving references from projects that most closely match our process. Please note the contracts that were for government clients.

Project Date: Start and end dates References: Names and contact information of references

4.2 Section II – Technical Approach

Respondent shall provide a written narrative that demonstrates the firm’s ability, reliability, expertise, and understanding of service requirements listed below and their proposed service plan. Respondent shall include a proposed schedule for the project, indicating the number of days required for each phase of the project.

A. Respondent shall develop the CAP following all policies and procedures stated in OMB Circular A-87 and in accordance with all applicable local state and federal law, regulations and guidelines;

B. Respondent shall develop a CAP which identifies various costs to support and administer outside funded programs;

C. Respondent shall develop a CAP that will be based on Dunn County’s actual year-end financial data;

D. Respondent shall include in the CAP allowable costs of providing each supporting central service;

E. Respondent shall work independently of audit initiatives as to not introduce potential conflict(s) of interest for County;

F. Respondent shall conduct all initiatives on-site with County unless instructed otherwise by the County;

G. Respondent shall submit and defend the completed CAP to representatives of the United States

Department of Health and Human Services and the State of Wisconsin Departments of Health and Family Services and Workforce Development, and others as requested;

H. Respondent shall assist in preparing claims to the State for recovery of funds due the county;

I. Respondent shall monitor the progress of claims through the State;

J. Respondent shall provide status reports concerning the project as determined and requested by the county;

K. Respondent shall maintain full and accurate records pertaining to the CAP;

L. Respondent shall provide free access to all data used by the agency in creating CAP;

M. Respondent shall be prepared to represent the CAP to the Budget and Grants Appeals Board and the Federal Office of Management if requested;

N. Respondent shall be able to defend the CAP to various State or Federal agencies or audit firms if requested.

O. Respondent shall at no time transfer any portion of the CAP development to a third party agency without the consent of the county;

P. Respondent shall provide a sample report, various status reports, and an invoice for review;

Q. Respondent shall confirm that direct costs should not be included as indirect costs;

R. Respondent shall obtain all expenditure and statistical information from financial statements and actual data;

S. Respondent shall document dependencies or support needed of the county in order for the respondent to carry out required responsibilities;

T. Respondent shall submit a written statement of willingness and ability to provide services required in a manner consistent with County’s schedule:

Field Work

July/August

CAP Rough Draft

September 15th, 2021, 2022, 2023, 2024, CAP Final Report

October 15th, 2021, 2022, 2023, 2024, 2025

4.3 Section III – Financial Information

A. Financial History of Proposer’s Firm: Provide a statement or annual report indicating the stability of your organization. Include any additional information that pertains to the financial soundness of the firm.

B. Full disclosure of all lawsuits and claims filed against proposer in the past five (5) years.

4.4 Section IV – Performance Contract Documents

A. Contract Documents: Provide a copy any contract documents that you propose be used for this project.

4.5 Appendix

A. Official Statement by Proposer: The RFP submittal must contain a statement to the following effect, signed by an individual authorized to bind the Proposer:

Summarize that you understand the RFP requirements;

Indicate who will be the Proposer’s authorized representative, including name, title, address, e-mail address, phone and fax. The person identified shall be empowered to make binding commitments for the Proposer;

The Proposer has read and agrees to the terms and conditions set forth in this RFP;

The terms and conditions set forth in the submittal will remain open for at least 120 days from the deadline for submittal;

Commitment to beginning the project within 45 days of finalizing the contract;

Proposer understands Dunn County may award a contract in part, in full, or give no award at its discretion;

Submittals must be signed by a company official(s) authorized to commit to such submittals. Failure to execute, sign and submit this form together with all required copies of the submittal package will be a basis for disqualification.

NOTE: Proposers are encouraged to include any additional descriptions of their qualifications and experience germane to the requested information in the Appendix. Any lengthy documents should be summarized in the main body of the qualifications with supporting information included in appendixes.

5.0 COST PROPOSAL

Proposers must fill out the attached “Dunn County – Cost Proposal and Signature Page” per instructions stated in Section 2.6. The firms cost proposal shall include the following:

1. Provide definitive total costs for the services described in Section 4.0 for the first (1) through fifth (5) year of the contract. All costs related to travel, supplies, etc. should be included in the total cost;

2. Using the criteria stated in section 2.7 of 2.0 and #1 of section 5.0, provide definitive total costs for the CAP in years six and seven if county granted the additional one (1) two-year contract extension.

Dunn County – A-87 COST ALLOCATION PLAN Cost Proposal and Signature Page

This Page Is Intended To Be Used “As Is” For Submission OR As A Guide For Cost Proposal Submission If Additional Lines Are Needed. All Submissions MUST Contain The Following Information.

Firm Name:

Address:

By:

Title:

Date:

Signature:

Email Address:

Contract Year

Cost

2021 (for year 2020)

2022 (for year 2021)

2023 (for year 2022)

2024 (for year 2023)

2025 (for year 2024)

Optional 1 two-year contract extension

2026 (for year 2025)

2027 (for year 2026)

NOTE: Bids must be submitted to Administration Department not later than 12:00 pm local time, February 5, 2021. Late bids will be returned unopened. Please seal this Proposed Cost Sheet in a separate envelope and clearly mark “Sealed Bid for Project #2021-01.

Fold

Dunn County 2021-01 February 5, 2021

PROPOSAL SUBMISSION REQUIREMENTS

A. No information provided verbally, or by any other personnel, will be considered binding. All proposers should use this written document and its attachments as the sole basis for proposal at this time.

Additionally, DUNN COUNTY prohibits communication initiated by the proposer to any County official, representative from another entity or employee evaluating or considering the proposals, prior to the time a decision has been made.

B. CONTENTS OF PROPOSAL - All attachments, additional pages, addenda or explanations supplied by the vendor with this proposal will be considered as part of the proposal response.

If an oral presentation/interview is required of selected finalists, it shall be at the proposer's expense. However, an award may be made without discussion with the proposers. Therefore, proposers are cautioned that proposals should be submitted initially on the most favorable terms, from both a technical and cost standpoint. Unnecessarily elaborate brochures or other presentations beyond that required to present a complete and effective proposal are not desired.

C. NONCONFORMING TERMS & CONDITIONS - A response that includes contractual terms and conditions that do not conform to the contractual terms and conditions in the RFP document is subject to rejection as non responsive. Dunn County reserves the right to permit the proposer to withdraw nonconforming terms and conditions from its response or negotiate changes to the contractual requirements prior to making a determination of responsiveness.

D. ALTERNATE PROPOSALS - An alternate proposal is viewed by the County as a proposal describing an approach to accomplishing the requirements, which differs from the approach set forth in the solicitation.

An alternate proposal may also be a second proposal submitted by the same proposer, which differs in some degree from its prime proposal. The County may consider or reject any or all alternate proposals submitted.

E. RESERVATIONS - This RFP does not commit the County to award a contract, to pay any costs incurred in the preparation of a response to this request or to procure or contract for services or supplies. Dunn

County reserves the right to accept or reject any or all proposals received as a result of this request, to waive minor irregularities in the procedure, to negotiate with any qualified source, or to cancel in part or in its entirety, this RFP, if it is in the best interest of Dunn County to do so.

F. NON-INTEREST OF COUNTY EMPLOYEES AND OFFICIALS - No official or employee on the evaluation committee shall have any financial interest, either direct or indirect, in the proposal or contract. No official or employee of the evaluation committee shall exercise any undue influence in the awarding of the proposal or contract.

G. AMENDMENT OF PROPOSALS -

By County: Requests for Proposals may be amended by the Purchasing office in response to the need for further clarification, specifications and/or requirements changes, new opening date, etc.

By Vendor: Proposals may only be amended after receipt by the Purchasing office by submitting a later dated proposal that specifically states that it is amending an earlier proposal. No proposal may be amended after the opening date unless requested by Dunn County.

H. WITHDRAWAL OF PROPOSALS - Proposals may be withdrawn only in total and only by a written request to the Purchasing office prior to the time and date scheduled for opening of proposals.

I. OTHER CONSIDERATIONS - Factors which include, but are not limited to, quantity involved, time of completion, purpose for which required, competency and financial capacity of vendor, ability to render satisfactory service and past performance will be considered in determining status as a responsible vendor. The County reserves the right to request additional information as may reasonably be required to make this determination and to further investigate the qualifications of the proposer as deemed appropriate.

Dunn County 2021- 01 February 5, 2021

CONTRACTUAL REQUIREMENTS

1. INSURANCE REQUIREMENTS – Proposer shall agree that it will, at all times during the term of the contract, keep in force and effect insurance policies in accordance with the provisions below, issued by a company or companies authorized to do business in the State of Wisconsin and satisfactory to the County. Such insurance shall be primary. Dunn County will be named as additional insured with respects to General Liability. Prior to execution of the written contract, the successful proposer shall furnish the County with a Certificate of Insurance and upon request, certified copies of the required insurance policies. The Certificate shall reference the contract and provide for thirty - (30) days advance notice of cancellation or no renewal during the term of the contract.

OSHA and Worker’s Compensation and Employer’s Liability Insurance – Maintain and comply with OSHA rules and regulations while on Dunn County premises and Statutory worker’s compensation benefits and employers’ liability insurance with a limit of liability not less that $100,000 each accident. The County shall not be liable to successful Resident, its employees, or subcontractors for any injuries to them arising out of the performance of work under this agreement. Successful Proposer agrees and shall ensure that its subcontractor’s and each of their worker’s compensation insurance carriers shall agree to waive any and all rights of recovery from the County for worker’s compensation claims made by their employees. The successful Proposer agrees that the indemnification and the hold harmless provisions within this agreement extend to any claims brought by or on behalf of any such employee.

Professional Liability – When required, minimum coverage is $1 million. Provide, upon request, an insurance certificate(s) indicating this coverage, covering the period of this agreement/contract.

Failure to submit an insurance certificate, as required, can make the contract void able at the County’s discretion. Additionally, the Proposer shall not allow any subcontractor to commence work until the insurance certificates, where applicable, have been obtained from the subcontractor and approved by Dunn County.

2. APPLICABLE LAW - Any law suits related to or arising out of disputes under this contract shall be commenced and tried in the Circuit Court of Dunn County, Wisconsin and Dunn County and successful proposer shall submit to the jurisdiction of the Circuit Court for such lawsuits.

3. NONDISCRIMINATION -Dunn County is committed to equal employment opportunity and is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental handicap in regard to any position for which qualified.

Further you are advised that as a contractors, subcontractors, vendor, or lessee of Dunn County, you may be subject to Executive Order 11246, as amended, and Section 503 of the Rehabilitation Act, as amended. If covered, acceptance of this contract or purchase order shall constitute your agreement that you will not discriminate against any employee or applicant for national origin, age, or physical or mental handicap in regard to any position for which qualified; and that you will comply with other specific requirement of these laws. In the event of noncompliance with the nondiscrimination clause, this purchase order or contract may be canceled, terminated, or suspended in whole or in part you may be declared ineligible for further contracts or purchase orders

4. INDEPENDENT CONTRACTOR STATUS - The Proposer agrees that it is an independent Contractor with respect to the services provided pursuant to this contract. Nothing in this contract shall be considered to create the relationship of employer and employee between the parties.

5. AMENDMENTS TO CONTRACT - This contract may be modified only by written amendment to the contract, signed by both parties.

6. AUDITOR ACCESS - In the event that Dunn County deems it necessary to conduct an audit or inspection, Proposer shall, during normal business hours, furnish or make available at a time designated by Dunn County and in the form required by Dunn County, information, records and reports regarding powers, duties, activities, organization, property, financial transactions, method of operation, or any and all other records, reports or information in Proposer’s custody or control.

Proposer shall provide Dunn County inspectors or auditors access to all property, equipment and facilities in Proposer’s custody or control relating to this contract. Proposer shall be expected to provide, at Proposer’s expense, reasonable time by Proposer’s personnel as may be required for Dunn County inspectors or auditors to perform the inspection or audit.

Any information provided to the auditors, which is deemed confidential by federal, state or local laws shall be held as confidential and not disclosed to the public.

7. PUBLICITY RELEASES – Proposer agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by

Dunn County.

8. INDEMNIFICATION AND DEFENSE OF SUITS - The Proposer agrees to indemnify, hold harmless, and defend Dunn County, its officers, agents and employees from any and all liability including claims, demands, damages, actions or causes of action, together with any and all losses, costs, or expense, including attorney fees, where such liability is founded upon or grows out of the acts, errors, or omissions of the successful proposer, its employees, agents or subcontractors.

a. FORCE MAJEURE. If the performance of any part of this Contract by either party is delayed or rendered impossible by reason of natural disaster, flood, fire, riot, explosion, war or actions or decrees of governmental bodies, the party who has been so affected shall immediately give notice to the other party of the nature of such conditions and the extent of delay and shall do everything possible to resume performance. Upon receipt and acceptance of such notice, all obligations under this Contract shall immediately be suspended. If the period of nonperformance exceeds fifteen (15) business days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Contract.

10. TERMINATION OF CONTRACT - If through any cause, the Proposer shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Proposer shall violate any of the covenants, agreements or stipulations of this contract, Dunn County shall thereupon have the right to terminate this Contract by giving written notice to the Proposer specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other materials related to the services prepared by the Proposer under this contract shall, at the option of Dunn County, become the property of Dunn County.

Notwithstanding the above, the Proposer shall not be relieved of liability to Dunn County for damages sustained by Dunn County by virtue of any breach of the contract by the Proposer, and Dunn County may withhold any payments to the Proposer for the purpose of set off until such time as the exact amount of damages due to Dunn County from the Proposer is determined.

Dunn County further reserves the right to terminate this contract at any time for any reason by giving vendor a minimum of sixty (60) days written notice by return receipt mail of such termination. In the event of said termination, vendor shall not reduce its activities hereunder unless agreed in advance by Dunn County. The vendor will be paid according to the contract for services rendered through the date of termination.

The successful vendor may, at its option, terminate the contract, once executed, upon the failure of Dunn County to pay any amount that may become due hereunder for a period of sixty (60) days following submission of appropriate billing and supporting documentation. Upon said termination, vendor shall be paid the compensation due for all services rendered through the date of termination. Written notification of termination must be delivered to Dunn County at least one hundred twenty (120) days before the effective date of termination.

The vendor must cooperate with Dunn County in the event of termination so as to ensure that Dunn County can maintain continuity of service delivery.

11. PREVAILING WAGE - The contractor shall abide by the State of Wisconsin, Department of Workforce Development prevailing wage requirements (State Statute 66.0903) if applicable.

12. INVOICING - The County is subject to payment provision of 1989 Wisconsin Act 233. The County, after receipt of a properly completed invoice or receipt and acceptance of the property or service whichever is later, will make payment within the terms set up through the vendor registration located at https://www.co.dunn.wi.us/index.asp?SEC=4C87B31F-B107-43D5-A199-0C7A9E497919&Type=B_BASIC. A W-9 should also be completed at this site.

13. TAXES – Dunn County and its Departments are exempt from payment of all federal taxes and Wisconsin state and local taxes on its purchases except Wisconsin excise tax as described below:

1. Dunn County, including all of its departments, is required to pay an excise tax on Wisconsin beer, liquor, wine, cigarettes, tobacco product, motor vehicle fuel engine oil, and aviation fuel. However, Dunn County is exempt from payment of State of Wisconsin sales or user tax on this purchase. Dunn County may be subject to other states taxes on its purchases dependent upon the laws of that state.

2. Contractors performing construction activities are required to pay state user tax on the cost of materials.

3. The Wisconsin Department of Revenue does not issue states sales exempt numbers to Counties per Wisconsin Statute 77.54(9)(a).

14. CERTIFICATION OF INDPENDENT PRICE DETERMINATION

1. By signing this proposal, the proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The process in this proposal has been arrived at independently, without consultation, communication, agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other proposer or to any competitor; and

c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

15. CONTRACT - The Proposer will be required to enter into a formal contract with Dunn County. Any contract resulting from the acceptance of the proposal shall be on forms supplied by the County.

https://www.co.dunn.wi.us/index.asp?SEC=4C87B31F-B107-43D5-A199-0C7A9E497919&Type=B_BASIC

VENDOR REFERENCES

Reference #1

1) Agency Name __________________________________________________________

Agency Address ________________________________________________________

Contact Person ______________________ Contact Number

E-Mail _ Fax Number

Contract Term (original, extensions, renewals, rebids) _

Contract End Date If terminated, specify by whom agency PROPOSER

Reason _ _ _ _

Reference #2

2) Agency Name __________________________________________________________

Reference #3

3) Agency Name __________________________________________________________