Contract No.: 21-4060 University of Wisconsin-Madison Madison, Wisconsin 53715-1218

Invitation to Submit Plans

CONTRACT #21-4060

Child Care Services at #39 University Houses

Table of Contents

University of Wisconsin – Madison Request for Bid

THIS IS NOT AN ORDER

Agent: Dave Brinkmeier Questions regarding this bid – see Section 2.3.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 21-4060 Issued Date: 04/1/2019 Due Date: 05/30/2019 If NO BID ☐ and return.

Bid prices and terms shall be firm for sixty (60) days from the date of the bid opening, unless otherwise specified in the Request for Bid by UW-Madison Purchasing Services.

Unless otherwise noted, public openings will be on the date and time specified.

Child Care Services at #39 University Houses

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

1. General Information Requirements that include the word “must” or “shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. FAILURE TO MEET A MANDATORY REQUIREMENT MAY DISQUALIFY YOUR ISP. This Invitation to Submit Plan (ISP) document and the awarded Plan Submitter’s (Contractor’s) response information as it is finally negotiated shall become the Contract.

1.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, is requesting proposals for the UW Office of Child Care and Family Resources hereinafter referred to as “Department” or “OCCFR”, for the purchase of child care services for university students, faculty, and staff parents.

Background The Department currently coordinates the UW Madison campus child care system comprised of those affiliated with the University through contract and or University space/department. Additionally, the Department, through University Purchasing Services, oversees additional service contracts for needed services such as sick and back-up childcare, infant/toddler care and family child care provision, accreditation, and training. Finally, the Department works collaboratively with the UW System of early care and education services which includes all UW Madison direct and contracted affiliates.

Scope The purpose of the agreement is to provide Child Care Center with the use of University Houses Building #39, Madison, Wisconsin. Prior to renovations, building #39 had six apartments (4 one-bedroom and 2 two-bedroom units). Child Care Center may occupy Building #39 for a period of one year beginning July 1, 2020. The term shall be automatically renewed annually, unless 365-day advanced written notice is given by either party, up to 7 years (June 30, 2027). Child Care Center will have use of basement storage space.

Estimated total rent & electricity cost for the Child Care Space Building #39 will be about $98,784 - $134,923 between the years of 2020 and 2027. Average monthly rent and electricity cost for the space will be about $8,232 - $11,245. Estimated monthly cost is about $1,000. All figures are estimates and might vary.

The required minimum for rent and electricity per month will be $1,600. This shall include the cost of water, heat, and internet consumed on the premises. Average There will be 10% annual increase thereafter.

Minimum monthly rent & electricity payment from the Child Care Center

All figures are estimates and may vary.

The Child Care Center must serve a minimum of 54 children (8 infants, 12 toddlers, 34 preschoolers) and maintaining minimum of 80% UW affiliated children enrollment throughout the academic year.

The Child Care Center shall provide high quality child care and education services including infant/toddler care, full and part time preschool care, four-year-old kindergarten (4K), and summer education programming to a minimum of 54 (8 infants/ 12 toddlers / 34 preschool children within the facility at #39 University Houses Child Care Space.

This RFP is directed through the ongoing efforts of the campus master plan and a variety of university committees who identify needed child care services. To this end, this RFP seeks a contractor who will independently operate child care services at #39 University Houses in conjunction with the overall campus early care and education system at UW Madison.

OCCFR seeks to coordinate the availability of child care services to the general UW Madison campus population of faculty, staff and student parents within the facility located at #39 University Houses.

See Requirements of All Plans (Section 4) and/or Compensation (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Cost Proposal Form are for proposal purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate proposals when deemed in the best interest of the University.

1.2. Organization of this Solicitation Document:

This document is divided into Five (5) main sections with Attachments included for ease of response and organization. The five main sections are:

1. General Information (generally states the intent of the ISP).

2. ISP Process Instructions (contains information on how Plan Submitters should prepare their response).

3. Performance and Contract Requirements (contains terms and conditions that will become part of any awarded contract).

4. Requirements of All Plans (contains all information Plan Submitters must submit as part of their plan).

5. Evaluation and Award of Contract (contains detail on how the evaluation of Plans will be done).

1.3. Definitions:

The following definitions are used throughout this document:

Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 2.3.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Department and OCCFR both mean UW-Madison’s Office of Child Care and Family Resources.

MBE means Minority Business Enterprise.

DVB means Disabled Veteran-Owned Business.

ISP means Invitation to Submit Plan.

Plan Submitter means a firm or individual submitting a plan in response to this ISP.

Purchasing means the Purchasing Services Department in the Division of Business Services responsible for the procurement of goods and services on UW-Madison campus, located at 21 N. Park St., Madison, WI 53715 RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

1.4. Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room #120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2. ISP Process Instructions

2.1. Applicable Dates:

2.2. Site Inspection:

Plan submitters should inspect the site to assess service requirements prior to submitting a Plan. Failure to adequately inspect shall not relieve the Contractor from their responsibilities to perform any services required to carry out this contract. Please contact Agent to schedule a site visit.

2.3. Clarifications and/or Revisions through Designated Contract:

All communications and/or questions in regard to this ISP must be in writing. Plan Submitters are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

If a Plan Submitter discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this ISP, they shall have five (5) business days after the ISP issue date and time to notify, in writing, the Agent at the address shown below of such error and request modifications of clarifications of the ISP document.

Dave Brinkmeier

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: david.brinkmeier@wisc.edu

PHONE (608)262-1323

If a Plan submitter fails to notify UW Purchasing of an error in the ISP document which is known to the Plan submitter, or which should have reasonably been known to the Plan submitter, then the Plan submitter shall submit at the Plan submitter's risk and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this ISP, written supplements or revisions will be provided.

2.4. Submittal Instructions:

ISPs MUST BE DELIVERED TO:

Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.

NUMBER OF COPIES TO BE SUBMITTED:

Six hard copies of the completed ISPs, including the signed original, may be mailed, delivered by Plan Submitter, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside. ISPs must be received, and date/time stamped prior to 2:00 p.m. CT on the stated ISP due date. ISPs not so date/time stamped shall be considered late. Late ISPs shall be rejected.

If hand delivering to Purchasing Services, please come to 6th Floor Reception Desk in Suite 6101 and call 608-262-1526 for assistance.

ISPs may be dropped off at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, between the hours of 7:00 AM and 4:00 PM prior to the due date and time.

FAXED OR EMAILED RESPONSES WILL NOT BE ACCEPTED.

VENDOR NOTE:

For the purpose of the return address label, if the address is the same as you listed on the REQUEST FOR BID FORM – you do not need to fill out the Return Address Label.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed bid response. If returning your bid response by mail or in person, please fill out the information and tape to the outside of your bid package.

OFFICIAL SEALED BID

NUMBER: 21-4060

SHIP FROM:

VENDOR NAME HERE:

ADDRESS:

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

2.5. ISP Response Format:

ISP should be typed and submitted on 8.5 by 11 inch paper and bound securely. The response should be organized and presented in the following order. Each section should be separated by tabs or otherwise clearly marked. The contents within each tab should reference the section or attachment number assigned in the ISP. Failure to submit as indicated may disqualify your plan.

Tab 1:

•Invitation to Submit Plans form signed by an authorized representative of company - Cover Page.

•Vendor Information Form, Attachment A.

•Business Reference Form, Attachment B.

RETAIN A COPY OF YOUR ISP RESPONSE FOR YOUR FILES

2.6. Late Responses:

Any response received after the time and date specified in Section 2.1. will not be opened or reviewed.

2.7. Multiple Plans:

Plan Submitters who wish to submit more than one Plan may do so, provided that each Plan stands alone and independently complies with the instructions, conditions and specifications of the request. If multiple responses are submitted, the University reserves the right to select the most advantageous Plan to the University.

The University reserves the right to review each Plan separately and award to the Plan that is in the best interest of the University. The University will be sole judge of its best interests in regard to the Plans submitted.

2.8. Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

2.9. Reasonable Accommodations:

University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If any alternate accommodations are needed at the Plan Submitters conference, contact Agent.

2.10. Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by Plan Submitters in replying to this ISP.

3. Performance and Contract Requirements

3.1. Entire Contract:

A contract will be awarded based on the criteria established in this Invitation to Submit Plan, including attachments and any amendments issued. The ISP, the plan response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

Any other terms and conditions provided by the Plan Submitters with the ISP or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this ISP should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the plan submitter’s letterhead, signed, and attached to the ISP response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the ISP shall be accepted as in strict compliance with all terms, conditions, and specifications and the plan submitter shall be held liable. A Word copy of this exceptions document must be submitted with your electronic ISP response.

Submitting a standard ISP contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the ISP.

The University reserves the right to negotiate contractual terms and conditions or reject the Plan Submitter’s response and proceed to the next qualified plan submitter.

3.2. Contract Administrator:

Any correspondence, price lists or other documents must include reference to ISP number 21-4060 and be sent to the Contract Administrator, 21 N Park St, Suite 6101, Madison, WI 53715-1218. The Contract Administrators are authorized to give the approvals required under this contract on behalf of the University.

The Contract Administrator for the University is:

Dave Brinkmeier

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: david.brinkmeier@wisc.edu

PHONE (608)262-1323

Day-to-day Operations for the University will be handled by:

Cigdem Unal

UW-Madison Office of Child Care and Family Resources

611 Eagle Heights

Madison, WI 53705

Email: cigdem.unal@wisc.edu

3.3. Term of Agreement:

The initial term of this contract shall be 7/1/2020 through 6/30/2021. The term shall be renewed annually up to 7 years (June 30, 2027), unless 365-day advanced written notice is given by either party. Such renewal will be by mutual agreement of University and the Contractor.

3.4. Personnel, Employment and Staffing:

Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative support functions:

3.4.1. A Contract Administrator to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract.

3.4.2. Plan Submitter must designate a person(s) to provide information to the University in regard to the Contractor’s Affirmative Action plans.

3.4.3. Contractors shall have in their employ, sufficient qualified and competent personnel to perform work promptly and in accordance with Contract requirements.

3.4.4. The Contractor shall appoint a Contractor Administrator to consult with the Contract Administrator on current and future Child Care programs and act with full authority on the Contractor’s behalf in all matters pertaining to Contract requirements.

3.4.5. The Contractor, its officers, agents and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer or partner of the University.

3.4.6. Contractor shall be responsible for personnel relations of payrolled employees. Contractor shall comply with all applicable government regulations related to employment, compensation and payment of personnel.

3.4.7. Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for reassignment of the Contractors staff. Once a Contractor’s employee has been reassigned, they shall not be transferable to another UW System campus serviced by the Contractor and cannot be used for any other UW Madison services provided by the Contractor in the future.

3.5. Travel Per Diems:

All of the Contractor's travel and per diem expenses shall be the Contractor's sole responsibility. Payment by the Contractor to the University shall not include any additional deductions for this purpose.

3.6. Contract Cancellation/Termination:

3.6.1. The University may terminate the Contract at any time, without cause, by providing 365 days written notice to the Contractor.

3.6.2. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 10 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: failure to provide any of the Terms, Conditions, Specifications or Special Conditions of Bid.

3.6.3. If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

3.6.4. Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Section 3.11 of this ISP, the University has the right to cancel and terminate the Contract without notice.

3.6.5. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

3.6.6. All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not resolved through the OCCFR.

3.7. Insurance Requirements:

3.7.1. Contractor is required to maintain, during entire term of this agreement Worker's Compensation insurance as required by Wisconsin Statute for all employees engaged in the service, Commercial General Liability (CGL) including Product and Completed Operations, and Automobile Liability when applicable. Minimum coverages for CGL are: Each Occurrence - $1,000,000 General Aggregate - $3,000,000. Contractual Liability $1,000,000. Damage to Rented Premises $100,000. Umbrella Liability $1,00,000 Automobile Liability minimum is: Combined Single Limit - $1,000,000. Upon request by the University, the Contractor is required to provide a Certificate of Insurance with a minimum 60 day cancellation notice, from an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-, and signed by an authorized agent.

3.7.2. The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general and automobile liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

3.7.3. Certificates of Insurance shall be signed by an authorized agent and sent to Risk Management, 21 N. Park St, Suite 6101, Madison, WI 53715-1218 prior to Contract award. If applicable, the Contractor shall also provide certificates of liability insurance covering related subcontracts with the University. Insurance requirements shall apply to all subcontractors hired under this Contract.

3.7.4. The University may require that the Comprehensive General Liability insurance certificate contain a statement from the insurer, that for this Contract it waives any care, or control exclusion in its policy.

3.7.5. Policies shall contain a covenant requiring 30 days written notice to Risk Management before cancellation, reduction or other modifications of coverage. The Comprehensive General Liability Insurance and Automobile Liability Insurance policies shall be primary and non-contributing, without any severability of interests clause in respect to gross liability, protecting each named insured as though a separate policy has been issued to each.

3.7.6. The Contractor shall advise insuring agencies to automatically renew all policies and coverages to the specified coverage levels.

3.7.7. Commercial General Liability Policy shall be written on an occurrence basis.

3.7.8. Commercial General Liability Policy must not contain any exclusion for abuse from sexual, emotional or physical actions and/or misconduct. If such exclusions are included, separate coverage must be purchased and evidenced.

3.7.9. Commercial General Liability Policy must not contain any exclusion for intentional acts.

3.7.10. Contractor/Child Care Center shall maintain appropriate and adequate property insurance for all Contractor/Child Care Center’s property. No property coverage is provided by the University for Contractor/Child Care Center’s property.

3.8. Service Requirements:

3.8.1. Contractor shall, at Contractor’s expense, be responsible (including financially) for obtaining all required permits (including parking), licenses, and bonds to comply with pertinent Board of Regents, University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales, income and property taxes.

3.8.2. Recognizing that successful performance of this Contract is dependent on favorable response from eligible users, the Contractor shall meet as requested with the Contract Administrator or the customer identified to review operations and make necessary adjustments to the Contract service requirements.

3.9. Safety Requirements:

All services provided to the University must comply fully with all safety requirements set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety and all applicable OSHA Standards.

3.10. Employment:

In accordance with the Internal Revenue Code Section 3402(e), if an individual is a current UW System employee, all payments for services are deemed to be wages and must be payrolled. Wisconsin Statutes of Section 230.047 must be adhered to when utilizing current employees of other state agencies. All state employees are covered by the maximum additional earnings provision of Section 16.417(2) Wisconsin Statutes noted above.

The Contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any campus department, commission or board thereof, to provide services relating to this agreement without the written consent of the agency/employer of such person or persons and of the agency head. Any employee employed as described in this section must be identified, in writing, to the Contract Administrator.

3.11. Disclosure:

If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

3.12. News Releases:

Reference to or use of the State of Wisconsin, any of its departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

3.13. Hold Harmless:

The Board of Regents of the University of Wisconsin System agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. The Board of Regents further agrees to hold harmless the Contractor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats.

The Contractor agrees to hold the University harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the Contractor arising out of or in connection with this Agreement except to the extent that it is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats.

3.14. Applicable Law:

This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

3.15. Nondiscrimination and Affirmative Action:

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

3.15.2. Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than fifty (50) employees. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

3.15.3. The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination law.

3.15.4. Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment.

3.15.5. To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

3.16. Discriminatory Boycotts of Israel:

Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

3.17. Promotional Materials/Advertising:

The Contractor agrees not to use promotional or marketing material which state expressly or by fair implication that the University endorses either the Contractor or any sponsor of such material. Equipment bearing UW Madison marks, logos or other indicia of the University must be approved by UW Madison Licensing Authority. The Contract Administrator will be responsible for any necessary approval for the use or content of materials to be used.

3.18. Miscellaneous:

3.18.1. Separability. If any provision of this Contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this Contract.

3.18.2. Waiver. A waiver by either party of any terms or conditions, provisions, or covenants of this Contract in any instance shall not be deemed or construed to be a waiver of any such term, condition, provision, or covenant for the future, or of any subsequent breach of same. All remedies, rights, undertakings, obligations, and agreements contained in this Contract shall be cumulative and shall not be in limitation of any other right, remedy, undertaking, obligation, or agreement of either party.

3.18.3. Amendments. For any modifications or changes to this Contract, amendments will be in writing and signed by authorized signatories of the Contractor and University.

3.18.4. Adverse Interests. During the term of this Contract and any renewals, the Contractor will not provide services nor enter into any agreement to provide services to a person or organization that has interests that are adverse to the University. If the University believes that the Contractor is violating this paragraph, the University will notify the Contractor in writing. The University and the Contractor will meet and discuss the alleged violation within 30 days of such notice and, in good faith, seek a mutually acceptable resolution.

3.18.5. Assignment. Contractor shall not assign or subcontract any of its rights or obligations under this Contract in whole or in part without prior written consent of the University. Any attempted assignment or subcontracting without consent shall be void and of no effect and may be cause for the termination of this Contract. Any subcontractors used will be the responsibility of the Contractor and they must provide products/services per the terms of the Contract. They must also meet the insurance requirements outlined above and be identified by the Contractor to the Contract Administrator prior to any work being done by them.

3.19. Tax Payment:

The Contractor shall retain, and be responsible for payment of any taxes on sales.

3.20. Requirements for Criminal Background Checks:

Background Checks of Contractors This contract is contingent upon, Contractor supplying workers who have passed a criminal background check demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

3.21. Child Abuse Notification:

Contractor, per Executive Order 54, is required to make a report of child abuse or neglect immediately if, in the course of service, the Contractor observes or learns of an incident or threat of child abuse or neglect, and the Contractor has reasonable cause to believe that child abuse or neglect has occurred or will occur.

A report must be made personally or by telephone to UWPD.

3.22. Release of Information:

Contractor shall not report or release information concerning University of Wisconsin System or its campuses students, employees or customers to third parties without the University’s prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., University standards for safeguarding such information, and all other applicable laws regarding consumer privacy.

3.23. Disclosure:

If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

3.24. Nondisclosure and Confidential Information:

3.24.1 To the extent authorized by Federal or Wisconsin law, both parties agree, on behalf of themselves, their affiliates, and their employees, independent contractors and consultants, that they shall not use, except as otherwise expressly permitted hereunder, or disclose to anyone, without a need to know in order to perform under this Contract, either during or after the term of this Contract, any Confidential Information.

3.24.2 To be deemed “Confidential Information” for purposes of this Contract; any such Contractor information must be appropriately marked as confidential at the time of disclosure or should be reasonably understood by the receiving party under the circumstances.

3.24.3 In recognition of the foregoing, each party agrees: (a) that it will use the same degree of care to prevent disclosure of Confidential Information as is used to protect its own confidential information of a similar nature; (b) unless otherwise required by Wisconsin Public Records Law, that it will not authorize disclosure of any Confidential Information to anyone outside of the party’s organization, except with the disclosing party’s prior written consent.

3.25. Protection of University’s Confidential Information:

3.25.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under state or federal laws (“Confidential Information”). Contractor agrees to hold University’s Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without the University’s express written consent or as provided by law. Contractor agrees to implement reasonable physical, electronic, and managerial safeguards to prevent unauthorized access to University’s Confidential Information.

3.25.2 To the extent allowed by Federal or Wisconsin law, both parties agree, on behalf of themselves, their affiliates, and their employees, independent contractors and consultants, that they shall not use, except as otherwise expressly permitted hereunder, or disclose to anyone, without a need to know in order to perform under this Contract, either during or after the term of this Contract, any Confidential Information.

3.25.3 To be deemed “Confidential Information” for purposes of this Contract; any such Contractor information must be appropriately marked as confidential at the time of disclosure or should be reasonably understood by the receiving party under the circumstances.

3.25.4 Immediately upon expiration or termination of this Contract, Contractor shall, at University’s option: (i) certify to University that Contractor has destroyed all University’s Confidential Information in Contractor’s possession; or (ii) return all University’s Confidential Information to University.

3.25.5 In recognition of the foregoing, each party agrees: (a) that it will use the same degree of care to prevent disclosure of Confidential Information as is used to protect its own confidential information of a similar nature; (b) unless otherwise required by Wisconsin Public Records Law, that it will not authorize disclosure of any Confidential Information to anyone outside of the party’s organization, except with the disclosing party’s prior written consent.

3.26. PCI Compliance and Indemnification:

Contractor represents and warrants that for the life of the contract, the software and services used for processing transactions shall be compliant with standards established by the PCI Security Standards Council (https://www.pcisecuritystandards.org/index.shtml ). Contractor agrees to indemnify and hold University, its officers, employees, and agents, harmless for, from and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys’ fees) and expenses arising out of or relating to any loss of University customer credit card or identity information managed, retained or maintained by Contractor, including but not limited to fraudulent or unapproved use of such credit card or identity information.

4. Requirements of all Plans Requirements that include the word "must" or "shall” describe a mandatory requirement. FAILURE TO MEET A MANDATORY REQUIREMENT MAY DISQUALIFY YOUR PROPOSAL.

Proposer must: 1) indicate agreement on each mandatory requirement and, if requested, describe how the specifications will be met and/or provide additional information, 2) complete any required form(s) and 3) provide a complete and detailed response to any non-mandatory requirement that can be fulfilled. If supplemental materials will be provided, clearly mark all supplements with the corresponding section number.

Only proposals submitted by Proposers that meet all mandatory specifications will be considered for evaluation.

The Proposers response to this Section must clearly demonstrate the capacity to handle the needs stated in this RFP in addition to the Proposers current workload. The University reserves the right to request supplementary information deemed pertinent to assure Proposers competence, business organization, and financial resources are adequate to successfully perform.

NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject a proposal. Format your response to correspond numerically with items on the Submittal Instruction (see Section 2.5.).

University Responsibilities:

Child Care Center Responsibilities:

1. Paying for the minimum $1,600 for monthly rent & electricity. There will be 10% annual increase thereafter.

Provide responses to the following:

4.1.2 Submit a copy…