REQUEST FOR PROPOSAL (RFP)

FOR

Kemper Center/Anderson Arts

Center Utilization &

Business Plan

RFP #2303

Issued by:

County of Kenosha Purchasing Division

Sealed proposals must be submitted No later than 3:00 PM 2/22/2023 to:

County of Kenosha Purchasing Division

1010 56th Street, Second Floor Kenosha, WI 53140

LATE RESPONSES WILL BE REJECTED

PRE-PROPOSAL CONFERENCE FOR ALL VENDORS SHALL BE HELD AT:

Kemper Center 6501 3rd Ave

Kenosha, WI 53143 2/7/2023 at 11:00 AM

For further information regarding this RFP contact:

Matthew Fleming

(262) 653-2527

Matt.Fleming@kenoshacounty.org

Issued: 1/24/2023

KENOSHA COUNTY RFP #2303

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TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. INTRODUCTION AND OBJECTIVES

2. DEFINITIONS

3. FACILITY & GROUNDS OVERVIEW

4. STATEMENT OF WORK

5. PROPOSER QUALIFICATIONS

6. CALENDAR OF EVENTS

7. CONTRACT

8. PRE-PROPOSAL CONFERENCE and/or PRE-PROPOSAL SITE VISIT

9. VENDOR REGISTRATION

10. THIRD PARTY RFP SERVICES

11. QUESTIONS & ADDENDA

12. PRICES

13. RFP SUBMISSION

14. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

15. CONFIDENTIALITY/NON-DISCLOSURE

16. ERRORS OR OMISSIONS

17. VENDOR RESPONSIBILITY

18. EVALUATION & AWARD PROCESS

19. ASSIGNMENT AND SUBCONTRACTING

20. INVOICING REQUIREMENTS

21. CONFIDENTIALITY

22. SPECIAL CONDITIONS OF THIS PROPOSAL

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – COST PROPOSAL

ATTACHMENT D – ETHICS COMPLIANCE NOTICE & ADDENDUM

ATTACHMENT E – STANDARD TERMS AND CONDITIONS

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1. INTRODUCTION AND OBJECTIVES

The 17.5-acre Kenosha County Kemper Center Park (6501 3rd Ave.) is located in the heart of downtown Kenosha, WI along the shoreline of Lake Michigan. The County owned property is overseen by the Division of Parks and includes the historic landmarks of Kemper Center and Anderson Arts Center along with recreational amenities of a soccer field, arboretum, and a multi-use path. Kenosha County has a lease agreement with the non-profit 501 (c)(3), Kemper Center Inc. (KCI) since 1974 to aid in operating the day to day activities, programs, events, and routine maintenance within the park and facilities.

Kenosha County is currently responsible for typical landlord expenses such as capital improvements, utility fees, and mechanical maintenance and replacements. The existing lease between Kenosha County and KCI is due to expire in 2027. Prior to the expiration of the lease agreement between Kenosha County and KCI, Kenosha County is seeking consultation services to evaluate the utilization of the Kemper Center Campus and make cost recovery recommendations to increase both public and private uses of the complex.

The key objective of the Kemper Center/Anderson Arts Center Utilization & Business Plan will be to provide a measurable analysis of existing optimization of the Campus in order to develop recommendations and guidance to Kenosha County’s long-range planning goals. The overall goals of the report will include:

• Summary of current space utilization of the Campus

• Provide programming space uses to serve the population of Kenosha County and its visitors (tourism) to promote education, recreation, culture, history, advocacy/history, and viable cost recovery enterprises (public and/or private).

• Guide Kenosha County on future planning phases to strategically phase in recommendations based on the report.

• Provide solutions to integrate public uses in a manner that can facilitate economic viability and visibility for residents and visitors.

• Summarize proposed utilization of Campus with projected outcomes and target financial objectives though a Return on Investment (ROI) analysis.

The key goal of the Report will aid Kenosha County with the following:

• Increase awareness and tourism of events, special activities, and utilization of the Campus

• Identify policies that include prioritization, funding estimates, and implementation targets

• Identify potential Public Private Partnerships (PPPs) to enhance best utilization of space on the Campus

• Evaluate adaptive reuse of areas to support greater use of the facilities within the Campus.

2. DEFINITIONS

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

Contractor means a Proposer awarded the contract County means the County of Kenosha Wisconsin Proposer/Vendor means a company or individual submitting a response to this RFP Campus means Kemper Center Park including all grounds and facilities located within property Purchasing means the County of Kenosha Purchasing Division RFP means Request for Proposal State means the State of Wisconsin Vendor Portal means the State of Wisconsin’s Vendor Portal (eSupplier)

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3. FACILITY & GROUNDS OVERVIEW

Kemper Center

The Kemper Center facility consists of an approximate 150,000 sf facility made of 11 zones including a historic mansion (circa 1860s), two floor conference center & commercial kitchen, observatory, auditorium, artist studios, office space, and vacant areas currently utilized as storage. KCI currently utilizes Kemper Center for both public events and private rentals to aid in revenue generating activities to financially offset the expenses of staff and resources to maintain the campus. Public events have included free concert series, recreational programs, car shows, Christmas events, youth art camps, and fundraisers. Private events have included weddings, funerals, conferences, and private parties. KCI also converted historic dorm rooms into rental properties called the Lakefront Artist Studios to gain additional income. Over the last decade, Kenosha County has heavily invested into the restoration and preservation building exterior including roof replacements, window sealing, tuckpointing, and water infiltration prevention. Kenosha County is currently investing in a multi-year capital improvement campaign to restore the exterior building envelop to prevent water infiltration and preservation of the facility.

Anderson Arts Center

The Anderson Arts Center is a historic mansion along Lake Michigan that is Kenosha County’s only public art museum and consists of multiple galleries and is free and open to the public for self-guided tours

Tuesdays – Sundays from 1:00 – 4:00pm. Kenosha County led in the $4.3 million restoration of the

Anderson Arts Center in 2020 including the rehabilitation of the building exterior, roof, new restroom facility and installation of geothermal/HVAC mechanicals. The restoration project aided in the ability to become an accredited art museum in anticipation to host nationally renowned exhibits.

Grounds

The Kemper Center campus is considered a Kenosha County Park and welcomes visitors to patronize the outdoors along the Lake Michigan corridor including the network of multi-use paths, soccer field, self-guided arboretum, and floral plantings found throughout the campus. In 2015, Kenosha County invested in the rehabilitation of the storm water utilities, parking lots, and 66th St. access to Anderson Arts

Center. Kenosha County has finalized the design and engineering to restore the shoreline due to ongoing erosion and plans are to repair the revetment as funding becomes available.

4. STATEMENT OF WORK

Kenosha County is seeking to hire a professional consulting agency to aid in the development of a long-range utilization and business plan; to target key objectives, advance a higher return on investment to offset ongoing capital and operating costs while, preserving this campus as a public culturally significant resource to the community. This plan will aid in the full utilization of the Kemper Center Campus and create key metrics to target future projects, programs, partnerships, and collaborative efforts to aid with cost recovery solutions. The scope of this project will be to act as consultant (Contractor) to specifically:

1. Show past project successes with consultation services relating to similar public/private business and utilization solutions.

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2. Present key personnel that will be a part of the team for the Kemper Center Utilization &

Business Plan project: Lead coordinator must have a full understanding of the technical details on the means and methods being used to perform this project.

3. Integrate cost recovery business elements that are low maintenance and resilient to the existing as well as future conditions of the campus.

4. Institute “lessons learned” from past existing KCI/Kenosha County lease agreement to enhance the effectiveness of the future plans for the campus.

5. Work alongside Kenosha County and key stakeholders during key milestones to integrate quality control and accountability throughout the project.

6. Present draft documents and final documents to key stakeholders in person including at County

Board meetings and Public Works Committee meetings.

7. Be accessible by phone, email or in person during the entirety of the project.

The awarded Contractor shall provide services which includes, but is not limited to, the following activities:

1. Kickoff and Data Gathering

a. On-site meeting with County to review project site and general scope of project deliverables including schedules.

b. Data gathering that Contractor will need from the County & KCI (including but not limited to):

i. KCI financial statements/audits

ii. County financial statements/audits

iii. KCI existing utilization of campus activities/events/agreements/sub-contracts

iv. Contracts between KCI & Kenosha County, deeds, & grants with property utilization requirements (state & federal grant requirements).

v. Facility maps & floorplans

vi. Utilities (public and private)

vii. Future and ongoing capital improvement project & operation/maintenance budgets (County and KCI)

viii. Boundary information

ix. Aerial photography

x. Census data

xi. Mission statements of KCI and Kenosha County Parks

xii. KCI Master Plan (1989)

c. Collect quantitative data on campus assets to study current and optimal utilization of the Kemper Center Campus. This will include the survey of facilities and grounds, current useable space, and evaluation of underutilized areas that can be developed.

d. Complete a market study on Kemper Center and Anderson Arts Center’s current rental and public facility spaces. Evaluate existing KCI rental fees and compare usable space fee structure to similar for-profit and non-profit historic properties regionally beyond

Kenosha County. Market study shall also review comparable museum fee structures and expenses that can be compared to the Anderson Arts Center and Durkee Mansion’s current expense & revenue structure.

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e. Develop and administer online survey to send to the general public and key stakeholders to determine desired goals, outcomes, and vision of the Campus.

f. Review capital improvement plans and operating expenses of KCI and Kenosha County to determine the existing and ongoing financial sustainability of the Campus.

2. Evaluation

a. Evaluate current uses and optimization targets of Campus including rentals, special events, programs, cultural/historical preservation functions, and open space utilization.

b. Collect community & regional demographic data to analyze specific market feasibility for programs, business operations, revenue goals and objectives, and direct and indirect competitors.

c. Review current marketing strategies for the uses of the Campus.

d. Appraise any additional partners that have similar missions, goals, and visions as the

Campus.

e. Identify revenue growth and innovative utilization opportunities based on existing and future market conditions.

f. Review current online presence of Kemper Center and Anderson Arts center (Google search results & social media) to evaluate the exposure of events, rental spaces, and art museum. Evaluate and give recommendations to enhance community awareness/tourism within the Campus.

g. Develop a strengths, weaknesses, opportunities, and threats (SWOT) analysis to existing operations and uses of campus based on survey, current usage, data, and other metrics to determine future projections with current business model.

h. Review data collection and findings summary with County to incorporate feedback and integrate within report.

3. Recommended Solutions

a. Review draft report for County review and feedback (Feasibility Review)

b. Draft report of proposed solutions that will include:

i. Executive summary

ii. Overview of findings including project scope data, inventory, research, survey results and trends, and evaluations.

iii. Details and prioritization of business recommendations based on importance, community impact, budget/costs to implement, feasibilities, and resources.

iv. Cost/benefit analysis based on target recommendations and return on investment predictions.

4. Final Documents

a. 90% Report Set for County review and feedback. Final quality control will occur at 90% plans by County and stakeholders. All errors and omissions shall be corrected by

Contractor prior to finalizing the final report.

b. Tentative budget and timeline to incorporate the components outlined in the business plan.

c. Final Report including:

i. Title sheet

ii. Executive summary

iii. Introduction/Purpose Statement - Define clear goals and objectives of the report

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iv. Data summary including graphs, metrics, analytics, maps

v. Review/summarize existing business model for Kemper Center’s campus

vi. Review/summarize alternative strategies considered during the evaluation phase of study

vii. Comparison Matrix – Rank the ability of competing ideas to aid in providing realistic solutions to increase revenue and utilization of the Campus

viii. Recommendations – List of recommendations (short and long range) and solutions based on the collection of data, research of community amenities/infrastructure, feasibility of budgets, target priorities, and specific action items that aid in revenue generating solutions.

ix. Case study references and survey overview (appendix)

5. Schedules

a. Owner expects reports to be completed by 12/31/23.

6. Meetings/Presentations

a. Attend Kick-off Data Collection Meeting (In-Person)

b. Evaluation Meeting – Present & answer all relevant questions at the end of the evaluation period of the plan. (Virtual)

c. Recommended Solutions Meeting – Present & answer all relevant questions at the end of the recommended solutions period of the plan. (Virtual)

d. Final Documents – Present & answer all relevant questions at the end of the recommended final document period of the plan. (Virtual)

e. Final Report – Present final report to County elected officials, stakeholders and the general public & answer all relevant questions at the end of the final report portion of the plan. (In-Person)

5. PROPOSER QUALIFICATIONS

Proposer must have completed a minimum of three projects/contracts of similar size and scope within the past five years.

Proposer must not have a relationship with any potential bidders/proposers for the business solutions or utilization of the Kemper Center campus that is, or would be perceived as, a conflict of interest. The

Proposer also will not be able to self-perform future business activities, act as a contractor or sub-contractor for any proposed implementation plans. Awarded Contractor shall provide a written statement confirming that no conflict of interest exists.

6. 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

RFP Issued 1/24/2023

Pre-Proposal Conference 2/7/2023 @ 11:00 AM

Last Date for Questions 2/10/2023 @ 5:00 PM

Addendum Posted (estimated and if needed) 2/15/2023 @ 5:00 PM

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Proposals Due 2/22/2023 @ 3:00 PM

Possible Vendor Presentations (estimated) 3/15/2023

Contract Award (estimated) 3/22/2023

7. CONTRACT

The contract for this project will consist of this Request for Proposals document, the specification documents and any associated exhibits, drawings, or additional documents, the Contractor’s proposal response with all required forms, any addenda that may be issued, any negotiated terms and conditions, and a Kenosha County standard professional services contract.

Contract will begin immediately upon award and will continue until project completion. It is the expectation of Kenosha County that this project will be substantially complete on or before 12/31/2023.

8. PRE-PROPOSAL CONFERENCE and/or PRE-PROPOSAL SITE VISIT

A vendor pre-proposal meeting will be held on 11:00 AM on 2/7/2023 at the Kemper Center, 6501 3rd Avenue, Kenosha, WI 53143. An addendum will be issued if the meeting is changed or cancelled. This meeting is suggested but not required, failure to attend or to examine any and all RFP documents prior to submitting a response will in no way relieve the successful Contractor from the necessity of furnishing, without additional cost to the County, any materials or equipment or performing any work that may be required to complete the work in accordance with the specifications. No additional charges shall be allowed for lack of information.

9. VENDOR REGISTRATION

Complete 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 and proposals, 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 RFP.

10. THIRD PARTY RFP SERVICES

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

11. QUESTIONS & ADDENDA

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

Any communications or questions regarding the requirements, specifications, or special conditions of RFP should be written and submitted to Purchasing as soon as possible, but no later than 2/10/2023.

Purchasing will respond to questions if necessary by issuing an official addendum, posted on The State of Wisconsin’s Vendor Portal. Any and all addenda issued as part of this RFP shall become part of the requirements of this RFP and will be made part of the contract. Vendors are responsible for checking the portal for any addenda before submitting a response. Failure to acknowledge addenda may disqualify your proposal response.

Any correspondence or questions submitted must include the RFP number.

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

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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 RFP in addition to that contained in or amended to this written RFP document. Vendors are instructed not to contact any other County department or employee regarding this RFP. Any unauthorized contact regarding this RFP may be cause for the rejection of your proposal, at the sole discretion of the County.

12. PRICES

Proposal prices must be in US dollars, complete and inclusive of all charges at the time of submission.

Vendor is responsible for any delivery charges, freight, importing/exporting fees and services, tariff charges, licensing, or any other fees associated with this project.

Proposer certifies that prices, terms and conditions in the proposal will be firm for acceptance for a period of (90) days from the date of opening unless otherwise stated by Kenosha County. Proposals may not be withdrawn before the expiration of (90) days. Prices shall be firm with no escalator clauses unless specified by Kenosha County. Proposals may be withdrawn after ninety (90) days only upon written notification to Kenosha County.

Vendor must utilize the enclosed Cost Proposal form.

13. RFP SUBMISSION

In a sealed container, Proposers must submit one original master copy (so marked) and three (3) identical photocopies (so marked) securely bound in a ring binder or comb/wire binding. Additionally, one soft copy on a USB storage device must be included with the hardcopies in the sealed container. DO NOT EMAIL AN ELECTRONIC COPY OF THE PROPOSAL TO THE COUNTY PRIOR TO THE DUE DATE. Fax, email, or online response will not be accepted.

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

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

Name & Address of Vender Due Date of RFP RFP Number & Title

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

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14. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

14.1 Thoroughly examine the scope of work, schedule, instructions and all other solicitation documents and make all investigations necessary to be familiar with conditions that affect the proposal. No pleas of ignorance by the proposer as a result of failure to investigate or examine conditions or failure to fulfill details of the contractual documents will be accepted as a basis for varying the requirements of the County or changing the compensation due.

14.2 Provide all required information on the forms furnished in this document. Print or type name on the proposal and manually sign all copies in the space and on the forms provided. If you obtained this solicitation electronically, your response shall not contain any alteration to the document posted other than entering required data in the spaces provided or including attachments as necessary. By submission of a response, offeror affirms that no alteration of any kind has been made to this solicitation.

14.3 Do not include federal taxes or State of Wisconsin taxes in prices since the County of Kenosha is exempt from payment of these taxes.

14.4 All proposals must be current and final at the time of opening in order to be considered responsive. No proposal will be accepted for consideration, and no award will be made, if at the time of opening anything contained therein is contingent upon, or subject to, any outstanding review, certification, or approval by any party that has not been received.

14.5 The following chart details the required proposal outline and specifies the minimum content of the proposal sections. Proposals should be organized in tabbed sections following this chart and each point listed below should be addressed in your proposal.

From:

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

RFP RESPONSE

RFP #2303 Kemper Center/Anderson Arts Center Utilization & Business Plan Due Date: 2/22/2023 at 3:00 PM

Sample

Mailing

Label

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Tab Title Contents:

A

Letter of Transmittal

Include a signed and dated letter of transmittal offering your proposal for the County’s consideration, signed by an authorized agent of your company.

B

Table of Contents

A table of contents should be included, and each page of the proposal should be consecutively numbered.

C

Company Profile

• Provide a brief overview and history of your company.

• Address the company's expertise and qualifications to provide this service. Be specific and detail no more than three similar projects/contracts. Include description of work, dates, locations, challenges and results.

• Discuss your company’s size and number of employees.

D

Staff Qualifications

• Identify key staff your organization/company will assign to fulfill the contract requirements. Detail who would be lead consultant and the role of each individual.

• Provide a synopses describing the educational and work experience for each of the key staff who would be assigned to the contract.

E

Proposal Solutions

• Describe your firm's plan to accomplish the requirements of the contract. Discuss all aspects of the Statement of Work and objectives as defined in this document and provide your company's solution.

• Detail your firms understanding of the challenges and barriers and proposed approach to overcoming these barriers.

• Provide proposed schedule with key milestones and estimated completion dates.

F

Exceptions

• Provide a detailed narrative of any exceptions you take to the Statement of Work or Terms and Conditions of this RFP.

• If no exceptions are taken, include a statement to that effect.

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F

Reference Accounts

• On the form provided in this packet, list three (3) accounts your company currently provides these services to. References will be contacted by the County. Kenosha County may also consider reference responses from accounts not listed in your proposal.

• All information provided must be current and correct. Kenosha County will not attempt to search for current information that is not provided.

G

Vendor Forms

• Complete the Vendor Acceptance Form and insert it into your proposal

• Complete the Ethics Compliance Notice & Addendum

• Complete the Designation of Confidential and proprietary

Information Form and insert it into your proposal.

In a separate sealed envelope:

H

Cost Proposal

• Provide a detailed price list for the services you are proposing along with the Cost Proposal Form.

15. CONFIDENTIALITY/NON-DISCLOSURE

It is the intent of the County that all proposals received will remain sealed and confidential until the due date. After the due date, only the names of the proposing firms will be released upon request, no other information will be provided until evaluations are complete.

Once the process is complete, no information submitted as a part of this RFP process shall be considered proprietary or confidential unless claimed as a trade secret on the enclosed form “Designation of

Confidential and Proprietary Information”.

By submitting a proposal, vendors acknowledge that the County may be required under the law to make its records available for public inspection at any time during this RFP process. All Vendors acknowledge and agree that the County will have no obligation or any liability to the Vendor in the event that the

County must disclose these materials.

16. ERRORS OR OMISSIONS

Kenosha County reserves the right to permit cure of, or waive as an informality, any irregularities or technicalities contained in any proposal submitted, at the sole discretion of the County, provided such waiver does not substantially change the offer or provide a competitive advantage to any vendor.

Contracts will be awarded in the best interests of the County.

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17. VENDOR RESPONSIBILITY

A proposal response may be rejected if a vendor fails to meet any one of the following qualifications:

17.1 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.

17.2 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.

17.3 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.

17.4 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.

18. EVALUATION & AWARD PROCESS

18.1 Evaluation Committee

The County’s evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP. Proposers may not contact members of the evaluation committee except at the request of Purchasing.

18.2 Right to reject proposals

The County reserves the right to reject any and all proposals.

18.3 Proposal Scoring

Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The committee may review references, request interviews/presentations, conduct demonstrations and/or conduct on-site visits. The resulting information will be used to score the proposals. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

18.4 Evaluation Criteria

The proposals will be scored using the following criteria:

EVALUATION CRITERIA

MAXIMUM

POINT

VALUES

Cost to the County 20

Company Profile 25

Staff Qualifications 25

Proposal Solutions 30

TOTAL 100

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18.5 Interviews/Presentations and/or Demonstrations

Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the County. The

County will make every reasonable attempt to schedule the interview/presentation on the date specified in the Calendar of Events. The proposer is required to have key members of staff attend the interview and be prepared to present and respond to questions. Failure of a proposer to complete a scheduled interview/presentation to the County may result in rejection of that proposer's proposal. The County may conduct reviews of the vendor’s work and/or contact references to clarify or confirm proposal information.

18.6 Final Evaluation

Upon completion of any interviews/presentations and/or demonstrations by proposers, the

County's evaluation team will review their evaluations and adjust the scores based on the information obtained in the interview/presentation, demonstration, possible reference checks, and any other pertinent proposer information.

18.7 Award and Final Offers

Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer after the original evaluation process is complete.

Alternatively, the highest proposer or proposers may be requested to submit Best and Final Offers

(BAFO). If the County requests Best and Final Offers, they will be evaluated against the stated criteria outlined in the BAFO, scored, and ranked by the evaluation committee. The award may then be granted to the highest scoring BAFO. However, a proposer should not expect that the

County will request a Best and Final Offer.

19. ASSIGNMENT AND SUBCONTRACTING

The selected Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title or interest in, to any person, firm or corporation without the written consent of Kenosha County. If Kenosha County permits the use of subcontractors, the following will apply:

The contractor is the prime contractor. A prime contractor is the vendor who provides a service and receives a payment for that service. The County considers the prime contractor to be the sole point of contact with regards to contractual matters, including the performance of the services and the payment of any and all charges resulting for contractual obligations.

The prime contractor will be responsible for the contract performance when subcontractors are used.

However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the contractor must clearly identify the subcontractor including length of time the subcontractor has been used by the prime contractor and other projects.

The prime contractor shall provide the County with the names of any subcontractors used for the performance of any part of this contract. The existence of the subcontractor does not relieve or reduce the prime contractor of any liability to the County for any breach in the performance of the prime contractor’s duties. The prime contractor agrees that all subcontractors shall be agents of the prime

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contractor and the prime contractor agrees to hold harmless hereunder for any loss or damage of any kind occasioned by the acts of omissions of prime contractors, subcontracts, their agents or employees.

20. INVOICING REQUIREMENTS

The County’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:

a. Purchase order number

b. RFP number

c. Vendor remit to address

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

e. Prices per the Contract

The original invoice must be sent to the bill-to address shown on the Purchase Order.

21. CONFIDENTIALITY

Contractor acknowledges that some of the data and documentation it may become privy to in the performance of this contract is of a confidential nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information.

Contractor or its employees and subcontractors will not reuse, sell, or make use in any format the data researched or compiled for this contract for any venture, profitable or not, outside this contract.

Contractor agrees to observe complete confidentiality with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the County's or the manufacturer's, or distributor's whereby Contractor or any Contractor's personnel may gain access while engaged by the County or while on County premises.

The restrictions herein shall survive the termination of this contract for any reason and shall continue in full force and effect and shall be binding upon the Contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractor's agents, employees, successors, assigns and subcontractors which are engaged by the County of the restrictions, present and continuing, set forth herein. Contractor shall be liable for all damages resulting from its breach of confidentiality and defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the restrictions herein.

22. SPECIAL CONDITIONS OF THIS PROPOSAL

22.1 Indemnity and Insurance Requirements

A proposal response may be rejected if a vendor fails to meet any one of the following insurance requirements:

22.1.1. 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

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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.

22.1.2. 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

Products – Completed Operations Aggregate $2,000,000

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

Professional Liability (Errors and Omissions) $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.

22.1.3. 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.

22.1.4. 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.

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22.1.5. 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 highest scoring vendor.

22.2 CHANGES IN THE WORK

No changes in the work may be made by the Contractor without having prior written approval of the County. The County may at any time, without invalidating the Contract and without notice to Sureties, order changes in the work by written Change Order or Field Order. Such changes may include additions and/or deletions. No officer, employee or agent of the County is authorized to direct any extra or changed work verbally, except in an emergency endangering life or property.

The County shall not be liable to the Contractor for any increased compensation without such written order.

22.3 NO REIMBURSEMENT FOR EXPENSE OF PROPOSALS

The County will not reimburse vendors for any costs associated with the preparation and submittal of any proposal, nor for any travel and/or per diem costs if any are incurred.

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ATTACHMENT A SIGNATURE AND AUTHORITY AFFIDAVIT FORM

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 RFP.

Name __________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ___________________________

In signing this RFP, 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 response; that this RFP has been independently arrived at without collusion with any other vendor, competitor or potential competitor;

that this RFP has not been knowingly disclosed prior to the due date to any other vendor 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 services, materials or products described in the specifications relating to this

RFP.

I further certify that I am a duly authorized agent of this company, I have examined this proposal from the written specifications and information and have checked the same in detail before submitting said proposal to the County. I have full authority to make such statements and submit this proposal, and all statements submitted are true and correct.

Signature Title

Name (type or print) Date

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

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

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ATTACHMENT B

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: ____________________________________________________

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ATTACHMENT C

Cost Proposal

Proposer Name: ___________________________________________________________________________

Submit original plus one copy (Submit in separate envelope within proposal package)

Lump sum to provide all labor, materials, and fees, to complete all work outlined in the statement of work per proposal terms, conditions, and specifications.

(20 Points)

Provide a detailed breakdown of the lump sum cost as an attachment and include it with the Cost Proposal Form.

Purchasing will score the cost proposals by prorating, with the lowest cost proposal given the highest score. The formula is as follows: Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This number is then multiplied by the number of points given to the cost section of the RFP, resulting in the cost proposal score.

Lowest Cost Proposed

Constant _ X Maximum Points Assigned to Cost = Score

Other Proposed Cost

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

Kenosha County’s CES number is 008-1020421892-06.

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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 http://www.kenoshacounty.org/DocumentCenter/Home/View/578

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perform in regard to that contract some official function requiring the exercise of discretion on his or 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…