2219 Bid Documents.pdf

REQUEST FOR BID (RFB)

FOR

COPY PAPER

BID #2219

Issued by:

County of Kenosha Purchasing Division

In Cooperation with Value for Local Government

Bids must be submitted No later than 3:00 PM 11/9/2022 to:

County of Kenosha Purchasing Division

1010 56th Street, Second Floor Kenosha, WI 53140

LATE BIDS WILL BE REJECTED

There will be a public opening for this Bid conducted at 1010 56th Street, Second Floor

Kenosha, WI 53140

For further information regarding this RFB contact:

Matthew Fleming

(262) 653-2527

Matt.Fleming@kenoshacounty.org

Issued: 10/17/2022

KENOSHA COUNTY BID #2219

WISCONSIN PAGE 2 OF 22

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. GENERAL INFORMATION AND SCOPE

2. CALENDAR OF EVENTS

3. CONTRACT TERM

4. VENDOR REGISTRATION

5. THIRD PARTY BID SERVICES

6. QUESTIONS

7. METHOD OF BID

8. BID SUBMISSION

9. BID RESPONSE REQUIREMENTS

10. METHOD OF AWARD

11. BIDDER/CONTRACTOR QUALIFICATIONS

12. VENDOR RESPONSIBILITY

13. SPECIFICATIONS

14. DELIVERY

15. F.O.B. DESTINATION FREIGHT INCLUDED

16. SUBCONTRACTING OR THIRD PARTY PAYMENTS

17. FIRM PRICES

18. ORDERS

19. INVOICING REQUIREMENTS

20. CONTRACT CANCELLATION

21. SPECIAL CONDITIONS OF THIS BID

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – BID OFFER FORM

ATTACHMENT D – ETHICS COMPLIANCE NOTICE & ADDENDUM

ATTACHMENT E – STANDARD TERMS AND CONDITIONS

EXHIBIT 1 – JAN-JUNE 2022 ORDER DETAIL

WISCONSIN PAGE 3 OF 22

1. GENERAL INFORMATION AND SCOPE

The County of Kenosha Wisconsin (County), through its Purchasing Division (Purchasing), in cooperation with Value for Local Government, requests bids to establish a contract for the purchase of white and color copy and printer paper.

Value for Local Government is a non-profit organization made up of local government agencies in the Wisconsin area. The purpose of the organization is to:

• Reduce the cost of goods and services by allowing members to combine requirements for commonly used items on one single request for bid.

• Share information about contracts that were publicly solicited by individual Wisconsin agencies and which are available for piggybacking.

As a cooperative joint venture, invitations for bid are solicited by the designated Lead Jurisdiction, Kenosha County Wisconsin, acting in behalf of participating members of Value for Local Government for the purchase of their respective requirements. The Lead Jurisdiction, acting in the capacity as "Soliciting Agent" shall not be liable for costs, damages, etc. incurred by any of the participating jurisdictions involved in a cooperative invitation for bid.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these bid documents. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet specification requirements may disqualify your bid. Vendors may not submit their own contract document as a substitute for these terms and conditions.

Retain a copy of these Bid documents for your files. Should you receive an award, these Bid Documents become your contract terms and conditions.

Definitions: The following definitions are used throughout the RFB documents:

Bidder/Vendor means a company or individual submitting a bid response to this RFB Contractor means a bidder awarded the contract County means the County of Kenosha Wisconsin Purchasing means the County of Kenosha Purchasing Division RFB means Request for Bid State means the State of Wisconsin Vendor Portal means the State of Wisconsin’s Vendor Portal (eSupplier)

2. CALENDAR OF EVENTS

This calendar is subject to change at the sole discretion of Kenosha County. All attempts will be made to adhere to this calendar. However, due to circumstances beyond our control, it may be necessary to modify the events and/or dates and times.

Event Date

Last Date for Questions 10/28/2022

Addendum Posted (estimated and if needed) 11/2/2022

Bids Due 11/9/2022

Award of Contract (estimated) 1/1/2023

WISCONSIN PAGE 4 OF 22

3. CONTRACT TERM

1/1/2023 or date of award, through 12/31/2025, with two (2) one-year renewal options. Any extension must be authorized by mutual agreement of the vendor and the County.

4. VENDOR REGISTRATION

Complete Bid or Proposal packages may be obtained from the State of Wisconsin’s VendorNet website https://vendornet.wi.gov/. To receive notifications of addendum and future bids, vendors must register with https://esupplier.wi.gov. There is no fee to register. If you do not have internet access, contact this office for a hard-copy of this bid.

5. THIRD PARTY BID SERVICES

Kenosha County is not responsible for the content of any bid package received through any 3rd party or bid service. It is the sole responsibility of the vendor to ensure the completeness of the documents received through any 3rd party source.

6. QUESTIONS

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they shall notify the contact person named below of such error and request a modification or clarification.

Any communications or questions regarding the specifications, or special conditions of bid should be written and submitted to Purchasing as soon as possible, but no later than 10/28/2022. Purchasing will respond to questions if necessary by issuing an official addendum, posted on The State of Wisconsin’s Vendor Portal. Bidders are responsible for checking the portal for any addenda before submitting a bid.

Failure to acknowledge addenda may disqualify your bid.

Any correspondence or questions submitted must include the bid number.

Submit questions in writing via email to:

Matthew Fleming, Purchasing Director, e-mail: matt.fleming@kenoshacounty.org

No other employee or representative of Kenosha County is authorized to interpret or give information as to the requirements of this bid in addition to that contained in or amended to this written bid document.

Bidders are instructed not to contact any other County department or employee regarding this bid.

Any unauthorized contact regarding this bid may be cause for rejection of a bid, at the sole discretion of the County.

7. METHOD OF BID

Bidder must submit a unit price and extended total for each item and a total price as designated. All prices must be quoted in U.S. Dollars. Bidder must bid on the enclosed Bid Offer Form.

8. BID SUBMISSION

Bids must be received in a sealed envelope or container no later than the time set for the receipt of bids.

Delivery of a bid to any other Kenosha County department or office is not acceptable and may result in your bid arriving late in the Purchasing Division office. Receipt of a bid by the US mail system does not constitute receipt of a bid by Purchasing. Late bids will not be accepted.

The following information must be clearly marked on the front of the envelope/shipping package:

https://vendornet.wi.gov/ https://esupplier.wi.gov/

WISCONSIN PAGE 5 OF 22

Name & Address of Bidder Due Date of Bid Bid Number & Title

The following sample mailing label is provided here for your convenience:

9. BID RESPONSE REQUIREMENTS

In order for your bid to be considered, the following information shall be provided by the bid due date and time. Include:

9.1 Signature and Authority Affidavit Form, Attachment A

9.2 References Sheet, Attachment B

9.3 Bid Offer Form, Attachment C

9.4 Ethics Compliance Addendum, Attachment D

The Signature and Authority Affidavit submitted in response to this RFB must be signed by the person in the Contractor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices and services. Failure to provide these forms/information with your bid submittal may disqualify your bid. The County encourages all bidders to print their submission double-sided to save paper.

10. METHOD OF AWARD

Award(s) shall be made on the basis of the lowest total cost from a responsive, responsible bidder who meets specifications.

11. BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following:

11.1 Bidder must be an original manufacturer, or distributor and/or dealer/company authorized by manufacturer to sell their products.

11.2 Bidder must supply references of three firms to which similar products have been provided during the past five years to a comparable-sized institution or company. If contacted, all of those

From:

To: Matthew Fleming Purchasing Director Kenosha County Purchasing Division 1010 – 56th Street Kenosha, WI 53140

SEALED BID

RFB #2219 Copy Paper Due Date: 11/9/2022 at 3:00 PM

Sample

Mailing

Label

WISCONSIN PAGE 6 OF 22

references must verify that a high level of satisfaction was provided. Use Attachment B to list references.

11.3 Bidder must be in the business of providing copy paper for the past five years.

12. VENDOR RESPONSIBILITY

A bid may be rejected if a bidder fails to meet any one of the following qualifications:

12.1 Financial and Organizational Capacity: Factors to be considered include, but are not limited to, assets, liabilities, recent bankruptcies, equipment, facilities, personnel resources and expertise, availability in consideration of other business commitments, or existence of appropriate accounting and auditing procedures for control of property and funds.

12.2 Legal Authority: Factors to be considered include, but are not limited to, authority to do business in the State of Wisconsin, licensing, debarment by the State of Wisconsin or Federal Government due to a prevailing wage violation, OSHA violations, violations of other local, state or Federal law, etc.

12.3 Integrity: Factors to be considered include, but are not limited to, criminal indictments or convictions, civil fines and injunctions imposed by governmental agencies, anti-trust investigations, ethical violations, tax delinquencies, debarment by federal, state or local governments, or prior determinations of integrity-related non-responsibility.

12.4 Previous Contract Performance: Factors to be considered may include reports of less than satisfactory performance, early contract termination for cause, contract abandonment, court determinations of breach of contract, etc.

13. SPECIFICATIONS

The following specifications are minimum acceptable requirements. Any specific reference to manufacturer(s) and/or catalog/model/stock numbers provided is to establish the design, type of construction, quality, functional capability and performance level desired. The bidder may offer an alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency and to ensure that the product being bid meets all specifications. Failure to provide product specifications and information may disqualify your bid. The County of Kenosha shall be the sole judge of equivalency and acceptability. Any attachments, documents, price lists, etc. to support your bid, must include the bid number

Bid specifications may not be revised without an official written addendum issued by Purchasing.

13.1 8.5 x 11 White Copy Paper 20#, 92 bright, White Virgin Copy Paper (made with Virgin pulp or in other words, not recycled content or PCW (Post Consumer Waste) – 5000 sheets/carton, 500 sheets/ream (10 reams per box).

13.2 8.5 x 14 White Copy Paper

20#, 92 bright, White Virgin Copy Paper – 5000 sheets/carton, 500 sheets/ream, 10 reams/box.

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13.3 11 x 17 White Copy Paper 20#, 92 bright, White Virgin Copy Paper –2500 sheets/carton, 500 sheets/ream, 5 reams/box.

13.4 8.5 x 11 Color Copy Paper 20#, standard colors, 5000 sheets/carton, 500 sheets/ream, 10 reams/box.

13.5 8.5 x 14 Color Copy Paper #20 standard colors, 5000 sheets/carton, 500 sheets/ream, 10 reams/box.

13.6 11 x 17 Color Copy Paper #20 standard colors, 2500 sheets/carton, 500 sheets/ream, 5 reams/box.

13.7 8.5 x 11 White Cover Vellum #67 Springhill White Vellum Bristol or equal, 2000 sheets/carton, 200 sheets/ream, 10 reams/box.

13.8 8.5 x 11 Bright Color Cover Vellum 65# Astrobrights or French Glo-Tone Cover or equal, 2500 sheets/carton, 250 sheets/ream, 10 reams/box.

13.9 8.5 x 11 Bright Color Text Vellum 60# Astrobrights or French Glo-Tone Text or equal, 5000 sheets/carton, 500 sheets/ream, 10

13.10 8.5 x 11 Color Cover Vellum 67# Springhill Vellum Bristol Colors or equal, 2000 sheets/carton, 200 sheets/ream, 10

13.11 8.5 x 11 Color Index 90# Springhill Colored Index or equal, 2500 sheets/carton, 250 sheets/ream, 10 reams/box.

13.12 Minimum individual orders shall be no less than one full case.

13.13 Reporting – Awarded Contractor shall track orders placed by Value for Local Government agencies and provide an annual report each January to Kenosha County for the previous year’s order activity. The report shall include at a minimum the agency name, product item #, product description, date of order, quantity ordered, and price paid per unit.

13.14 NEW OR DELETED ITEMS: The County reserves the right to add new products or services to this contract based on technology changes or changes to standards unknown at the time of this bid.

Contractor(s) prices must comparable to current contract pricing for like products. Contractor shall promptly notify Purchasing of new or discontinued products.

14. DELIVERY

Delivery is desired as soon as possible after receipt of an order. Please indicate on the Bid Offer Form your estimated delivery time in calendar days.

WISCONSIN PAGE 8 OF 22

Contractor is required to notify the ordering organization of any back order, discontinuation of product(s) or other delays in shipping within 1 working days of receipt of order.

Contractor is required to deliver to any Value for Local Government member agency located in the State of Wisconsin.

15. F.O.B. DESTINATION FREIGHT INCLUDED

Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the carrier/bidder and carton(s) transported to the interior/ground floor storage or inside dock at each ordering agency location. Bid prices should include all packing, transportation, fuel, insurance charges and installation/operation manuals.

Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the bid price and referenced as separate costs in the bid response. A copy of the duty free paperwork, with the vendor portion filled out must be submitted to Purchasing at time of award.

Failure to bid FOB Destination Freight Included may disqualify your bid.

16. SUBCONTRACTING OR THIRD PARTY PAYMENTS

All subcontracting shall be pre-approved upon award by the County before any work begins.

Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. County reserves the right to accept or reject the use of subcontractors in the performance of this contract.

17. FIRM PRICES

Prices must remain firm for 30 calendar days after bid opening. Prices established may be lowered due to general market conditions.

Price change requests must be received by Purchasing in writing 30 calendar days prior to the effective date of proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to re-bid the contract in whole or part.

18. ORDERS

Value for Local Government member agencies may use the following methods to purchase from this contract:

• Specific (Purchase) orders may be placed for one-time shipments.

• Purchase Orders, blanket-type, may be issued by an agency to allow departmental personnel to call or fax for product or service against the order as needed or use an online portal if possible.

19. INVOICING REQUIREMENTS

Contractor shall invoice each ordering agency separately for their orders. Ordering agency’s terms are to pay or reject invoices within 30 days of receipt. Before payment is made, it also must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

WISCONSIN PAGE 9 OF 22

a. Purchase order number

b. Bid number

c. Vendor remit to address

d. Complete detailed product or service description as stated on your bid

e. Prices per the Contract

The original invoice must be sent to the bill-to address provided by the ordering agency.

20. CONTRACT CANCELLATION

This Contract may be terminated under the following conditions:

20.1 The County may terminate the contract at any time at its sole discretion by delivering 10 days written notice to the Contractor.

If the problem is service performance, Contractor may be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor may be given a period of time to ‘cure’ the performance. If the performance does not improve, Contractor will be given 10 days written notice that the contract will be cancelled.

Upon termination, the County’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

20.2 If at any time the Contractor’s performance threatens the health and/or safety of the County or the public, the County has the right to cancel and terminate the contract without notice.

21. SPECIAL CONDITIONS OF THIS BID

21.1 INDEMNITY AND INSURANCE REQUIREMENTS:

A bid may be rejected if a bidder fails to meet any one of the following insurance requirements:

21.1.1. Contractor agrees to indemnify, hold harmless and defend Kenosha County, its officers, agents and employees from any and all liability including claims, demands, losses, costs, damages and expenses of every kind and description or damage 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 occurring out of the acts or omissions of the Contractor, its agents or employees, regardless of whether or not it is caused in part by Kenosha County. Contractor shall notify Kenosha County immediately upon the commencement of any litigation against Contractor where there is any possibility Kenosha County may be made a party thereto. Should Contractor hire/engage any subcontractor(s) to perform work on its behalf or in conjunction with Contractor’s work, Contractor will require such subcontractor(s) to carry the same insurance as is outlined and required below of the Contractor.

21.1.2. Contractor agrees to protect itself and Kenosha County under the indemnity agreement set forth in the above paragraph. Contractor will at all times during the terms of this Contract keep in force and effect the insurances listed below and such insurance policies must be issued by a company or companies rated A- VII or better by AM Best and authorized to do business in the State of Wisconsin with the following minimum limits of coverage;

Commercial General Liability *

Each Occurrence $1,000,000

General Aggregate $2,000,000

WISCONSIN PAGE 10 OF 22

Automobile Liability – Combined Single Limit * $1,000,000

Excess/Umbrella Liability – Each Occurrence and Aggregate Limits *

$1,000,000

Workers Compensation Statutory Limits

Employer’s Liability – Each Accident / Disease Each Employee / Disease Policy Limit *

$500,000 Each

*Or such higher limits sufficient for these insurance policies to be scheduled under the Umbrella policy.

21.1.3. Property and Equipment Contractor shall purchase and maintain at its own discretion and expense, Property/Builder’s Risk/Installation Floater Insurance in an amount equal to the insurable value of the Contractor’s property, whether off site or in transit, to cover any equipment, tools, tangible personal property, and material/product to be installed. Contractor assumes all liability and risks, and agrees to waive all claims against Kenosha County, for damage to or loss of equipment, machinery, tools, supplies, material/product to be installed, and other tangible personal property owned or supplied by Contractor and utilized or intended to be utilized during the course of Contractor’s Work. Any insurance carried by Contractor covering such damage or loss shall be endorsed with a waiver of subrogation in favor of Kenosha County and shall name Kenosha County as Additional Insured. Any and all subcontractors agree to assume the same liabilities and risks as Contractor, and agree to name Kenosha County as Additional Insured on any such similar policies of insurance maintained by each of them.

21.1.4. Coverage afforded shall apply as primary with Kenosha County named as an additional insured on the commercial general, and excess/umbrella liability policies. Contractor shall give 30 days advance written notice of cancellation or non-renewal during the term of this Contract. An endorsement in favor of Kenosha County waiving the Contractor’s and its insurer’s rights of subrogation shall be issued with respect to the Commercial General Liability, Comprehensive Auto Liability, and Workers’ Compensation and Employers Liability policies. Evidence of this endorsement must be noted on the certificate of insurance.

21.1.5. Contractor shall not discontinue or change any of the above referenced liability insurance policies in effect during any part of this contract without buying “tail end” insurance to cover potential claims that may have occurred during the term of this agreement. Completed Operations and Products liability insurance shall be maintained for a period of 2-years after completion and acceptance of the Project by Contractor, or such longer period as may be reasonably required by Kenosha County. The hold harmless, indemnity and insurance provisions of this contract shall survive the termination of this contract and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law.

21.1.6. Upon execution of this Contract, the Contractor shall furnish Kenosha County with a certificate of insurance, showing evidence of the above requirements. Certificate must be submitted to Kenosha County within four (4) business days after receipt of purchase order, execution of contract or other written authorization. If certificate is not submitted within four (4) business days, Kenosha County, at its sole discretion, may void the contract and award to the next low, responsive and responsible bidder.

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ATTACHMENT A SIGNATURE AND AUTHORITY AFFIDAVIT FORM

BIDDING COMPANY NAME: _________________________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address: __________________________________________________________________________

City ____________________________ State ________ Zip + 4 _______________________

Number of years in Business _______

Name the person to contact for questions concerning this bid.

Name __________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ___________________________

In signing this bid, we also certify that we have not, either directly or indirectly, entered into any agreement 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 above statement is accurate under penalty of perjury.

The undersigned, having familiarized themselves with the conditions affecting the cost of the work, having read completely the specifications, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials or products described in the specifications relating to this Bid.

I further certify that I have carefully examined the bid documents and all terms herein, and site where the work is to be done and have no agreements to prevent the completion of said work.

Signature Title

Name (type or print) Date

This firm herby acknowledges receipt / review of the following addendum(s) (If any)

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

WISCONSIN PAGE 12 OF 22

ATTACHMENT B

COMPLETED PROJECT REFERENCES

Vendor: _______________________________________________________________________

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.

Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate page.

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

WISCONSIN PAGE 13 OF 22

ATTACHMENT C BID OFFER FORM

Vendor:____________________________________________________________________________ Quantities listed are for bidding purposes only and represent a good faith estimate of annual usage from all participating agencies. Use of this contract is voluntary and there is no guarantee of purchase from participating agencies.

Base Products per Bid Specifications M = 1000 Sheets

Line # Description Quantity U/M Unit Price/M Extended Price

8.5 x 11 White Copy Paper 113,300 M M

2 8.5 x 14 White Copy Paper

79 M M

3 11 x 17 White Copy Paper

775 M M

4 8.5 x 11 Color Copy Paper

8,554 M M

5 8.5 x 14 Color Copy Paper

20 M M

6 11 x 17 Color Copy Paper

10 M M

7 8.5 x 11 White Cover Vellum 67#

96 M M

8 8.5 x 11 Bright Color Cover Vellum 65#

10 M M

9 8.5 x 11 Bright Color Text Vellum 60#

825 M M

10 8.5 x 11 Color Cover Vellum 65#

153 M M

11 8.5 x 11 Color Index 90#

20 M M

Estimated Annual Cost (Total of Line 1 – 11)

Lead time for delivery of products is __________ days after receipt of an order

Additional Discount for full pallet orders? ______________ %

Alternate Products – May be ordered in place of base products above

Line # Description U/M Unit Price/M

8.5 x 11 White Copy Paper 20#, 92 Bright, 20% Recycled Content M

8.5 x 14 White Copy Paper 20#, 92 Bright, 20% Recycled Content M

11 x 17 White Copy Paper 20#, 92 Bright, 20% Recycled Content M

Kenosha County is exempt from Federal Excise and Wisconsin Sales Taxes, 77.54(9a)(b) WI Stats.

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ATTACHMENT D

ETHICS COMPLIANCE NOTICE & ADDENDUM

PUBLIC NOTICE PERTAINING TO ALL REQUESTS FOR PROPOSALS AND BIDS REGARDING KENOSHA COUNTY

POLICY ON ETHICS IN GOVERNMENT

In addition to ethical standards set forth in Wisconsin Statutes Section 19.59 for all County employees and officials [either elected or appointed] Kenosha County has adopted an Ethics Policy that is applicable to County employees in conducting county business. That policy may be reviewed at http://www.kenoshacounty.org/DocumentCenter/Home/View/578

The Ethics Policy is intended to ensure that public trust in Kenosha County government is maintained and that decisions affecting the county and its citizens are made fairly and impartially for the benefit of all citizens and not for personal gain. This policy precludes:

• the misuse or misappropriation of County property or funds for personal use or otherwise,

• use or disclosure of confidential information for personal gain or otherwise,

• elimination of conflicts of interests, receipt of gifts or favors or other considerations of value by County employees,

• the use of the employee’s public position to influence or gain unlawful benefits or to influence or gain advantages or privileges for the employee,

• and the conducting of personal business or campaigning during working hours.

This policy, furthermore, requires employees to disclose and report to the proper authorities any violation of this policy by either other employees or by any nonemployee or citizen seeking to or aiding or abetting in efforts to circumvent this policy. Any employee failing to make such disclosure or report is subject to discipline.

Contracts with Kenosha County also require that any party contracting with Kenosha County also report any violation to either the District Attorney or Corporation Counsel for Kenosha County.

In addition, Wisconsin Statutes Sections, 946.12 involving misconduct in public office and 946.13 involving a private interest in a public contract are considered Class 1 felonies and activity considered in violation of these statutes will be reported to the Kenosha County Sheriff for investigation and the Kenosha County District

Attorney for prosecution.

In submitting a bid or proposal in response to a request for bids or proposals, a party must acknowledge both in this response as well as in any subsequent contract that:

1. The party has read this notice in its entirety, understands its content and agrees to be bound by the provisions herein, and

2. The party knows of no conflicts of interest or appearance of a conflict or appearance of an impropriety on the part of any current or former county official or employee who may have had a role on deciding which proposal or bid will be accepted, and

3. It is acknowledged that it is a crime under sec. 946.13 wis. stats., if any public official or employee shall, in his or her private capacity, negotiate or bid for or enter into a contract in which he or she has a private pecuniary interest, direct or indirect, if at the same time he or she is authorized or required by law to participate in his orher capacity as such officer or employee in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on his or http://www.kenoshacounty.org/DocumentCenter/Home/View/578

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her part, nor shall any official or employee, in his official capacity, participate in the making of a contract in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his or her part. in the event wis.

stat, secs. 946.12 and 946.13 are violated, it is understood that this contract may be voided at the discretion of kenosha county.

4. Question pertaining to conflicts or appearance of an impropriety may be addressed to the office of the Kenosha County Corporation Counsel.

5. Violations are required to be reported, and

6. No attempt has been made by anyone on behalf of the party submitting the proposal or bid to directly or indirectly illegally influence the awarding of a contract by promise of or delivery of any consideration or any thing of value to a current or former county official or employee or family or household member of acurrent or former county official or employee, or in any other manner contrary to law, and

7. Kenosha County prohibits communication relative to this request for proposal or bid by a proposer or bidder with any county elected official or employee prior to the time an award has been made, except as provided for in this request for proposal or bid invitation. violation of this section is grounds for disqualification of the party's proposal.

8. Other than the county representative noted herein, no other employee or representative of Kenosha County is authorized to interpret any portion of the request for proposal or bid or give information as to the requirements of this request or amendment thereto. Bidders are instructed not to contact any other county department or employee regarding this proposal.

9. Written questions will be answered in writing to the proposer requesting a response. Proposer's questions and the county's responses will become a public record, and

10. The parties acknowledge that Kenosha County is a municipal corporation legally bound to comply with the wisconsin open meetings and public records law and that as such, unless otherwise allowed for by law, all aspects of this agreement are subject to open discussion and disclosure and are a matter of public record. It is furthermore agreed to that no party will take any action to obstruct the operation of these laws. If records are created or maintained or in the custody of the provider, as an independent contractor, they, along with the raw data used to create the record, are, nevertheless, public records. Within legal constraints related to confidentiality and privacy protection, such records must be made immediately available to the public upon request and in the format in which they were created. Provider agrees to hold the county harmless and to indemnify the county for all costs, fees, including all attorney fees and judgments and damages of whatever kind for which the county may be held liable due to the provider’s failure to comply with the Wisconsin public records and open meetings laws, or this agreement.

11. That any subsequent finding of a violation of the county’s ethics policy by any party or any agent of any party acting either alone or acting in concert with a current or former Kenosha County official or employee may result, at the sole option of Kenosha County, in any subsequent agreement being declared null and void and / or may result in the party violating this policy being debarred from submitting proposals, bids or contracting with Kenosha County for a specified period of time in the future.

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ETHICS COMPLIANCE ADDENDUM

It is agreed and understood by all parties to this contract that:

1. In addition to ethical standards set forth in Wisconsin Statutes section 19. 59 for all county employees and officials [either elected or appointed] Kenosha county has adopted an ethics policy that is applicable to county employees in conducting county business. That policy may be reviewed at http://www.kenoshacounty.org/DocumentCenter/Home/View/578. It is further understood that all county employees and officials [either elected or appointed] are prohibited from engaging in any criminal conduct contrary to Wisconsin Statutes sections 946.12 involving misconduct in public office and 946.13 involving a private interest in a public contract.

2. This ethics policy is intended to ensure that public trust in Kenosha county government is maintained and that decisions affecting the county and its citizens are made fairly and impartially for the benefit of all citizens and not for personal gain. This policy precludes the misuse or misappropriation of county property or funds for personal use or otherwise, use or disclosure of confidential information for personal gain or otherwise, elimination of conflicts of interests, receipt of gifts or favors or other considerations of value by county employees, the use of the employee’s public position to influence or gain unlawful benefits or to influence or gain advantages or privileges for the employee, and the conducting of personal business or campaigning during working hours.

3. This policy, furthermore, requires employees to disclose and report to the proper authorities any violation of this policy or State Statute by either other employees or by any non-employee or citizen seeking to or aiding or abetting in efforts to circumvent this policy. Any employee failing to make such disclosure or report is subject to discipline. This contract also requires that any party contracting with Kenosha County also report any such violation to either the District Attorney or Corporation Counsel for Kenosha County.

4. By executing this contract, each party certifies that it knows of no conflicts of interest or appearance of a conflict or appearance of an impropriety on the part of any current or former county official or employee who may have had a role on deciding which proposal or bid will be accepted, and

5. By executing this contract, each party certifies that no attempt has been made by anyone on behalf of the party submitting a proposal or bid to directly or indirectly illegally influence the awarding of a contract by promise of or delivery of any consideration or any thing of value to a current or former County official or employee or family or household member of a current or former County official or employee, or in any other manner contrary to law, and

6. The parties acknowledge that Kenosha County is a municipal corporation legally bound to comply with the Wisconsin Open Meetings and Public Records laws and that as such, unless otherwise allowed for by law, all aspects of this agreement are subject to open discussion and disclosure are a matter of public record. It is furthermore agreed to that no party will take any action to obstruct the operation of these laws. If records are created or maintained or in the custody of the provider, as an independent contractor, they, along with the raw data used to create the record, are, nevertheless, public records. Within legal constraints related to confidentiality and privacy protection, such records must be made immediately http://www.kenoshacounty.org/DocumentCenter/Home/View/578

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available to the public upon request and in the format in which they were created. Provider agrees to hold the County harmless and to indemnify the County for all costs, fees, including all attorney fees and judgments and damages of whatever kind for which the County may be held liable due to the provider’s failure to comply with the Wisconsin Public Records and Open Meetings laws.

7. That any subsequent finding of a violation of either the County’s ethics policy or Wisconsin Statutes sections, 19.59, 946.12 and 946.13 by any party or any agent of any party acting either alone or acting in concert with a current or former Kenosha County official or employee may result, at the sole option of Kenosha County, in this agreement being declared null and void and / or may result in the party violating this policy being debarred from submitting proposals, bids or contracting with Kenosha County for a specified period of time in the future.

DATED THIS DAY OF , 20 .

Authorized Signature

Print Name

Title

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ATTACHMENT E - STANDARD TERMS AND CONDITIONS

A. SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Kenosha

County shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

B. ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful bidder will become contractual obligations if procurement action ensues.

C. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder’s/proposer’s letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications of this request and the bidders/proposers shall be bound to the provisions.

D. QUALITY: Unless otherwise indicated in the request, all material shall be first quality, new model, and newest model year. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by Kenosha

County.

E. DELIVERY: Deliveries shall be F.O.B. to the destination listed on the purchase order or contract. Title and risk of loss of goods shall not pass to the County until receipt and acceptance takes place at the FOB point. Contractor will be responsible to deliver to the destination shown on the purchase order, with inside delivery required at no additional charge to the County.

F. PRICING AND DISCOUNT:

a) Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b) In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least thirty (30) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

c) Pricing errors, bids or proposals having any erasures or corrections must be initialed by the bidder/proposer in ink (preferably blue).

Corrections without the signee’s initials may be considered a no bid for that item.

d) Prices established in continuing agreements and term contracts may be lowered due to general market conditions.

G. UNFAIR SALES ACT: Prices quoted to Kenosha County are not governed by the Unfair Sales Act.

H. ACCEPTANCE-REJECTION: Kenosha County reserves the right to accept or reject any or all bids/proposals or to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal, as deemed to be in the best interests and sole discretion of Kenosha

County.

I. LATE BIDS: Bids/proposals must be date and time stamped by the Kenosha County Purchasing Division on or before the date and time that the bid is due. Any bid that is date and time stamped in another office may not be accepted by the Purchasing Division. Receipt of a bid/proposal by the County’s internal mail system does not constitute receipt of a bid/proposal by the Purchasing Division. The responsibility for submitting bids to the Kenosha County Purchasing Division on or before the stated time and date is solely that of the respondent.

J. METHOD OF AWARD: Bid awards shall be made to the lowest responsible, responsive bidder unless otherwise specified. Proposal awards will be made to the responsible offeror whose bid or proposal is most advantageous to the County of Kenosha, price and other factors considered. Award will be made by the County Purchasing Director (or designee).

K. PAYMENT TERMS AND INVOICING: Payments on this contract shall be made by check by Kenosha County upon satisfactory performance of service and submission of invoice to the County. Kenosha County usually will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

a) Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

b) A good faith dispute creates an exception to prompt payment.

L. TAXES: Kenosha County is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

a) Kenosha County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The County may be subject to other states' taxes on its purchases in that state depending on the laws of that state.

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M. GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include Kenosha County’s administrative costs to retain such replacement.

N. TERMINATION FOR DEFAULT: Failure of the awardee to perform any of the provisions of this contract shall constitute a breach of contract, in which case, the County may require corrective action within ten days (10) from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a written reply within the prescribed 10 days shall constitute a default of the contract. If defaulted, the Contractor shall be liable for liquidated damages, if any. Kenosha County reserves the right to enforce the performance of this contract in any manner prescribed by law in the event of breach or default of this contract, and may contract with another party with or without solicitation of bids/proposals or further negotiations. As a minimum, Contractor shall be required to pay any difference in the cost of securing the products or services covered by this contract, or compensate for any loss to the County should it become necessary to contract with another source because of this default, plus reasonable administrative costs, reasonable attorney’s fees, court cost and expenses.

O. TERMINATION FOR CONVENIENCE: Upon seven (7) calendar days written notice delivered by first class post paid United States Mail, to the address indicated in the proposal/bid, to the successful bidder/proposer, Kenosha County may without cause and without prejudice to any other right to remedy, terminate the agreement for Kenosha County’s convenience whenever Kenosha County determines that such termination is in the best interest of the County. Where the agreement is terminated for convenience of Kenosha County the notice of termination must state that the contract is being terminated to the convenience of Kenosha County under the termination clause and the extent of the termination.

Upon receipt of such notice, the Contractor shall promptly discontinue all work at the time and to the extent indicated on the notice of termination. The Contractor shall also terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except, as they may be necessary and complete any continued portions of the work.

P. NON-APPROPRIATION OF FUNDS: Kenosha County states that it is our intent to make all payments required to be made under any agreement resulting from this bid or proposal. However, in the event Kenosha County’s legislative body, the Kenosha County Board of Supervisors, does not appropriate funds for the continuation of the agreement for any fiscal year after the first fiscal year, and it has no funds to continue the agreement from other sources, said agreement will be terminated without damages or cost for such termination.

Q. BACKGROUND CHECKS: All employees of the Contractor who service equipment or perform work in a County facility under this contract may be required to submit to a criminal records background check or security check on a case-by-case basis before allowed access to the facility. Contractor will be required to submit any requested identifying information for each technician, employee or subcontractor and must provide an updated list of technicians, employees or subcontractors to the Contract Manager whenever a change in staff occurs.

R. PUBLICITY RELEASES: Contractor agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the services provided are endorsed or preferred by Kenosha County. The Contractor shall not have the right to include the County's name in its published list of customers without prior written approval of Kenosha County.